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Terms and Conditions

INTRODUCTION

Welcome to Furniturefair.net. The Site (the "Site") is provided by Furniture Fair as a service to our loyal customers. The following basic rules (the "Terms of Use") govern your use of the Site. Your use of the Site constitutes your unconditional agreement to be bound by the Terms of Use. Furniture Fair reserves the right, at its discretion, to change, modify, add or remove portions of the Terms of Use at any time and without notice to you by posting such changes to this page. Furniture Fair recommends you review the Terms of Use whenever you use the Site. Your continued use of the Site following the posting of these changes to the Terms of Use will constitute your acceptance of those changes.

Furniture Fair may disclose or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Furniture Fairs sole discretion and without prior notice or liability to you. You agree that Furniture Fair may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.

The Terms of Use were last updated on February 24, 2014.


SITE USE

By accepting the Terms of Use through use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. It is not Furniture Fair's policy to knowingly collect personal information of children under the age of 13 without prior parental or legal guardian consent. Children under the age of 13 may not use the Site other than for browsing, and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are a parent or legal guardian and agree to the Terms of Use for the benefit of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including any financial charges and/or legal liability that may be incurred. If you do not agree to (or cannot comply with) any of the Terms of Use, do not use the Site.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on the Site is the property of Furniture Fair or its suppliers and/or manufacturers and protected by U.S. and international copyright laws. The Contents and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.


ACCOUNTS

For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Furniture Fair in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Providing any untruthful or inaccurate information constitutes a breach of the Terms of Use. Furniture Fair may refuse to grant a particular username to you for any reason, including, without limitation, if Furniture Fair determines that such username (i) impersonates someone else, (ii) is protected by trademark or other proprietary right law or (iii) is vulgar or otherwise offensive.


SECURITY OF SITE

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Furniture Fair will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).


LINKS

This Site may provide, or third parties may provide, hypertext links to other sites or resources on the internet. Any references on the Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Furniture Fairs endorsement, sponsorship or recommendation of the third party, its information, products or services. Furniture Fair is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You further acknowledge and agree that Furniture Fair shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.


COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Furniture Fair, one of its subsidiaries or affiliates or by third parties who have licensed their materials to Furniture Fair and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Site is the exclusive property of Furniture Fair and is also protected by U.S. and international copyright laws. Furniture Fair and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Furniture Fair or any third party's intellectual property rights. Furniture Fair names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Furniture Fair. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

All photographs, text, and other content on this site are the exclusive property of Furniture Fair and are protected by United States and International copyright laws. All rights are reserved. Except as provided in our Terms of Use www.furniturefair.net, downloading, copying, and/or distribution of any the images or other content from this site, in whole or in part, without the written consent of Furniture Fair is strictly prohibited. Violators will be pursued.


PURCHASES

Furniture Fair may allow users to place Orders (as defined below) for products and/or services via the Site. The term "Order" or "Orders" shall mean any order placed by you for products and/or services via the Site that is accepted by Furniture Fair. In the event that you place an Order to purchase products and/or services from the Site, you are subject to the additional terms of this section. Upon placing an Order, you shall pay to Furniture Fair the purchase price as set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Furniture Fair may require additional verifications or information before accepting your Order. Furniture Fair or its third-party subsidiaries or affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Furniture Fair reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Furniture Fair will issue you the appropriate credit within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to Furniture Fair that you are an authorized signatory of the credit, debit card or other method of payment that you provide to Furniture Fair or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site. In the event you purchase a product that must be delivered to you, such products will be shipped by Furniture Fair and/or its third-party contractors within a commercially reasonable time after processing of your Order. Delivery time may vary depending on the delivery method selected and product availability. Furniture Fair does not guarantee delivery at any certain time and is not responsible for delivery delays.


CONTENT AND PRICING INFORMATION

Although Furniture Fair strives to provide accurate pricing information on its Site, pricing or typographical errors may occur. Furniture Fair cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Furniture Fair shall have the right, at its sole discretion, to refuse or cancel any Orders placed for that item. In the event that an item is mispriced, Furniture Fair may, at its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. Furniture Fair attempts to be accurate in its product descriptions; however, Furniture Fair does not warrant that product descriptions, product images, product pictures or other Content of the Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is as set forth in the Return/Exchange Policy section of the Terms of Use.


PRODUCT INFORMATION

Products displayed on the Site are available in Furniture Fair stores. In some cases, products and merchandise displayed for sale on the Site may not be available at certain Furniture Fair stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. In the event of a price discrepancy between the product price on the Site and the in-store price, the in-store purchase price will take precedent.


COLORS

Furniture Fair has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on the specifications of your monitor, Furniture Fair cannot guarantee that your monitor's display of any color will be accurate.


INDEMNIFICATION AND TERMINATION

You agree to defend, indemnify and hold harmless Furniture Fair and its subsidiaries and affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of the Terms of Use. The Terms of Use are effective unless and until terminated by either you or Furniture Fair.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. Furniture Fair may also terminate the Terms of Use at any time and without notice, and may deny you access to the Site, if in Furniture Fairs sole discretion you fail to comply with any term or provision of the Terms of Use.


DISCLAIMER

The Site is provided by Furniture Fair on an "as is" and "as available" basis. Furniture Fair makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, Furniture Fair disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Furniture Fair disclaims any and all warranties, express or implied, for any merchandise offered on the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of the Terms of Use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.


MERCHANDISE CONTENT DISCLAIMER

Product information (including pictures of products on the Site) accessed through the Site is obtained from claims made by the product's manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on the Site, thus Furniture Fair cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. Furthermore, pictures of certain products or merchandise on the Site may contain accessories or other items that are not sold by Furniture Fair. Furniture Fair recommends that you do not solely rely on the information and/or pictures presented and that you always read labels, warnings, and directions before purchasing and/or using a product. For additional information about a product, please contact the manufacturer. Furniture Fair assumes no liability for inaccuracies or misstatements about products. Any customer reviews are provided for informational purposes only.


LIMITATION OF LIABILITY

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Furniture Fair or any of its subsidiaries, affiliates, employees, directors, officers, agents, vendors, manufacturers or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Furniture Fair has been advised of or should have known of the possibility of such damages. In no event will Furniture Fair be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six (6) month period preceding the date on which the claim arose.


GENERAL

The Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between the parties. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Terms of Use shall remain in full force and effect. The failure of Furniture Fair to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Furniture Fairs rights with respect to such breach or any subsequent breaches. The Terms of Use shall be governed by and construed under Minnesota law without regard to conflicts of law provisions.


Cincinnati & Dayton's Furniture Store

We are THE LOW PRICE for furniture and mattresses in the Northern Kentucky, greater Cincinnati and Dayton OH area. With an incredible selection of products at incredible savings, we are the best choice forall of your furniture and mattress needs. Let our experienced design specialists assist you in turning your living, dining or bedroom into the look of your dreams. Get a good night's sleepby selecting your mattress from our huge selection, including Made in the USA Brands Tempur-Pedic and Serta (another great Cincinnati company). We are proud to be your hometown furniture and mattress store!
Our LOW PRICE GUARANTEE applies to customers in our local delivery area (Northern Kentucky, greater Cincinnati and Dayton OH). Prior Sales, Hot Buys, Floor Samples, Tent sale, Discontinued and Clearance Merchandise excluded from promotions and credit term offers. Promotional discounts do not apply to iComfort, iSeries, or Tempur-Pedic products.

Photos are as accurate to showroom model as possible. Colors may vary slightly due to screen calibration. Every effort has been made to provide accurate pricing online. The showroom price is the accurate price.
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