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ABCHOME.COM TERMS AND CONDITIONS

Welcome to abchome.com (the “website” or the “site”). Please review the following basic rules that govern your use of this website. YOUR USE OF THE WEBSITE, THE SERVICES CONTAINED ON THE WEBSITE AND/OR THE DOWNLOADING OF MATERIALS FROM THE WEBSITE CONSTITUES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. If you do not agree to these terms, please do not use the website. Although you may “bookmark” a particular portion of abchome.com and bypass this agreement,your use of the website still binds you to the terms. This page may be updated periodically, so we encourage you to revisit this page to review the terms of your use. Please contact Online Customer Service if you have any questions regarding any of our policies.

Who We Are

We thank you for shopping at abchome.com. As used in these Terms and Conditions and on the Site, “abchome.com, abc carpet & home, Site, Website, We or Us refers to ABC Home Furnishings, Inc. and ABC Carpet Co., Inc. which each do business as abc carpet & home with offices located at 888 Broadway, New York, New York 10003. We are committed to ensuring the privacy and security of your personal information. Our privacy policy outlines the information we collect about you at abchome.com, how and why we use this information, and the choices you have to restrict the usage of this information.

Policy and Terms and Conditions Changes

abchome.com may periodically update its privacy and security policy or any other policy or terms and conditions contained herein and expressly reserves the right to do so. Any changes made will be posted here. By visiting our website you agree to accept any changes made to this policy. The abchome.com privacy and security policy only addresses the use and disclosure of information we collect from you on our website. We also reserve the right to cancel any order, at any time.

Legal Information

This website is expressly owned and operated by ABC Carpet & Home and its affiliated companies, hereinafter “ABC Carpet & Home.” The street address for abchome.com is 888 Broadway, New York, NY 10003. Unless otherwise noted, all design and content featured on abchome.com—including navigational buttons and images, artwork, graphics, photography, text, and the like—are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by ABC Carpet & Home. This site in its entirety is protected by is protected by intellectual property and other applicable laws. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial use is prohibited without prior written permission from ABC Carpet & Home. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from abchome.com. You may, however, download or electronically copy and print any of the page contents displayed on the website, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Use of the Website

We grant you a personal, limited, non-exclusive, non-transferable license to access and make personal use of the website. This license does not include any resale or commercial use of the website; any collection and commercial use of any photographs or other materials published on the website; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the website; any downloading, copying or other use of the website or the materials contained on the website for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools; all of the above being expressly prohibited. You may use the website only as permitted by law. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by ABC Carpet & Home and/or our suppliers and licensors. The above license to you shall automatically terminate if you do not comply with these Terms and Conditions.

You are responsible for your use of the website and for any use of the website made using your account. The goal of ABC Carpet & Home is to create a positive and useful user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to ABC Carpet & Home. Accordingly, when you use the website you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other’s intellectual property, privacy, publicity or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the website or mobile applications;
  • transmit any viruses or other computer instructions or technological means the purpose of which is to disrupt, damage, or interfere with the use of computers, related systems or other technology;
  • use any means to scrape or crawl any pages contained in the website;
  • attempt to circumvent any technological measure implemented to protect the website;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the website;
  • advocate, encourage or assist any third party in doing any of the foregoing.

Open Source

The website may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Hyperlinks to other Sites

To the extent our website contains hyperlinks to outside services and resources, the availability and content which abc Carpet & home does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Limitation of Liability

Given the unpredictability of technology and the online environment, ABC Carpet & Home does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. ABC Carpet & Home shall not be liable for damages of any kind related to your use of or inability to access this website.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on abchome.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. But please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event an ABC Carpet & Home product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information received from our suppliers, ABC Carpet & Home shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ABC Carpet & Home shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ABC Carpet & Home shall issue a credit to your credit card account in the amount of the incorrect price.

Availability

At ABC Carpet & Home, we apply meticulous edit in selecting the distinctive merchandise for which the ABC Carpet & Home name is recognized. Please understand that many of our featured items are selected in limited quantities, and because of their limited availability their stock will not and cannot be refreshed. That means once an item is sold out, it may be sold out permanently and not appear on the website again. When an item featured on abchome.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Please contact Online Customer Service if you have questions regarding the availability of a particular item.

Product Information

ABC Carpet & Home products displayed on the website are priced in US dollars and are subject to any applicable taxes according to state and local laws. Availability, prices, and delivery rates are subject to change. In some cases, merchandise displayed for sale on the website may not be available in the ABC Carpet & Home stores. Internet-only sale prices and promotional events do not reflect the pricing of the ABC Carpet & Home affiliate stores. We reserve the right to restrict any orders with errors in the prices, descriptions, or images.

Colors

We make every effort to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Indemnification

You agree to indemnify, defend, and hold harmless ABC Carpet & Home, its officers, directors, employees, agents, affiliates, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Disclaimer

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THE WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IN ANY RESPECT AND THAT ABC CARPET & HOME, THE ENTITIES DOING BUSINESS UNDER THE NAME ABC CARPET & HOME (INCLUDING BUT NOT LIMITED TO ABC HOME FURNISHINGS, INC., ABC CARPET CO., INC. AND ABC ORIENTALCARPETS, INC.) AND AFFILIATES OF THOSE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGRENTS, LICENSORS, LICENSEE (COLLECTIVELY “ABC PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR THE MOBILE APPLICATIONS OF THE ABC PARTIES.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABC PARTIES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE CONTENT OF THE WEBSITE OR ONLINE SERVICES LINKED TO OR INTERGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ABC PARTIES WILL HAVE NO LIABILITY FOR ANY (A) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS OF THE ABC PARTIES OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRIPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE ABC PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, PUNATIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR DATA) ARISING OUT OF OR RELATED TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent, we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Correspondence

Although we make every effort to respond quickly to applicable email messages, abchome.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding abchome.com, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through abchome.com shall become and remain the property of ABC Carpet & Home. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission or otherwise are required by law to do so.

Google Analytics

This site uses Google Analytics. Google uses cookies and IP information to analyze site navigation. This site uses demographics data from Google Analytics (such as age, gender, and interests), which are collected via DoubleClick third party cookies. Demographic data are used to better understand user preferences and improve our services and offerings. This information is used in aggregate and is not linked back to any personally identifiable information.

Governing Law; Jurisdiction and Other Matters

Any action relating to the use of this website, mobile applications, or any transaction with ABC Carpet & Home or any of the ABC Parties must be brought in the state of federal courts located in New York County in the State of New York. You irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of any such action. These Terms and Conditions are governed by and construed in accordance with, the laws of the State of New York, without giving effect to any conflict of laws, rules or provisions.

Under no circumstances will any of the ABC Parties be held liable for any delay or failure in performance due in whole or in part to any causes beyond their reasonable control or otherwise of a force majeure nature.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure of us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets, or by operation of law.