Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds' sole discretion and without prior notice or liability to you. You agree that Factory Direct Furniture and Beds may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.
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 Factory Direct Furniture and Beds 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.
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. Factory Direct Furniture and Beds 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).
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 Factory Direct Furniture and Beds' endorsement, sponsorship or recommendation of the third party, its information, products or services. Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds 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
Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds. 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 Factory Direct Furniture and Beds the purchase price as set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Factory Direct Furniture and Beds may require additional verifications or information before accepting your Order. Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds 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, Factory Direct Furniture and Beds will issue you the appropriate credit within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to Factory Direct Furniture and Beds that you are an authorized signatory of the credit, debit card or other method of payment that you provide to Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds 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. Factory Direct Furniture and Beds does not guarantee delivery at any certain time and is not responsible for delivery delays.
Gift Card Terms and Conditions
The following are the terms and conditions generally applicable to Factory Direct Furniture and Beds gift cards ("Gift Cards"): (i) Gift Cards are redeemable at any of the following Factory Direct Furniture and Beds locations for in-store purchases only: 3434 W. Reno, Oklahoma City, Oklahoma; 6611 South 101 East Ave., Tulsa, Oklahoma; 4015 East Inland Empire Blvd., Ontario, California; or 81-410 Highway 111, Indio, California; (ii) Gift Cards are not redeemable for cash (except in those states that require redemption for cash); (iii) lost, stolen or damaged Gift Cards will be replaced only with valid proof of purchase to extent of remaining card balance and must be reported prior to use by an unauthorized individual; (iv) Gift Cards are not a credit or debit card; (v) Gift Cards are not valid as payment on any Factory Direct Furniture and Beds credit or finance program; (vi) your use of a Gift Card constitutes your acceptance of these terms and conditions; (vii) to verify the current balance of your Gift Card, please call 1-800-242-5353; (viii) Gift Cards can be reloaded at any Factory Direct Furniture and Beds location; and (ix) all terms and conditions associated with the Gift Cards will be enforced except where prohibited by law. For more specific terms and conditions of Factory Direct Furniture and Beds Gift Cards, please contact Factory Direct Furniture and Beds.
If for some reason the stock furniture merchandise is not suitable for your needs, contact Factory Direct Furniture and Beds within seven (7) days and you may select other merchandise of equal value or Factory Direct Furniture and Beds will refund all monies less a ten percent (10%) restocking charge, excluding (i) dining room furniture which requires a Seventy-Five Dollar ($75) reselection fee, (ii) any delivery charge provided by Factory Direct Furniture and Beds or its independent agents and (iii) all special orders, repossessed products or "as-is" products as such transactions are final. Factory Direct Furniture and Beds does not provide cash refunds. Credit card refunds are made within twenty-four (24) hours and refund checks are mailed within seven (7) to ten (10) business days. All refunds are made after receipt of merchandise. All items which are special ordered, repossessed or as-is will be listed as such on the sales contract. The return policy is waived on all such products and all sales are final. ELECTRONICS: Factory Direct Furniture and Beds will not provide a refund or exchange on any electronics. Any exchanges against manufacturer defects for electronics will be only accepted up to fourteen (14) days after purchase.
Pickup/Delivery Related Information
To pick up the products in your Order, please bring your receipt to the cashier counter for necessary pickup and warehouse instructions. The cashier counter will provide you with the necessary paperwork to pick up items in your Order. For merchandise that will be delivered by Factory Direct Furniture and Beds or its independent delivery agents, Factory Direct Furniture and Beds will begin processing your delivery two (2) days prior to the delivery date. As such, no cancellations or changes can be accepted during this (2) day period. Prior to this time, changes can be made by calling your local store number. Local Delivery: For merchandise to be delivered by Factory Direct Furniture and Beds or its independent delivery agents, such merchandise must be paid for in full or financing arrangements made by 9 p.m. two (2) days prior to delivery. For your convenience, you may call our Automated Delivery Information System at 405-951-1307, 918-461-7727, 760-863-3549, or 909-919-2401 anytime after 3 p.m. the day before delivery in order to get your approximate delivery time for local deliveries only. You must have your Order number or phone number to access the Automated Delivery Information System. Out of Town Delivery: For merchandise to be delivered by Factory Direct Furniture and Beds or its independent delivery agents, such merchandise must be paid for in full or financing arrangements made by 9 p.m. two (2) days prior to delivery. The delivery service will contact you by 11 a.m. on the morning of the delivery and provide you with an approximate delivery time.
Content and Pricing Information
Most products displayed on the Site are available in select Factory Direct Furniture and Beds stores. In some cases, products and merchandise displayed for sale on the Site may not be available at certain Factory Direct Furniture and Beds 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.
Factory Direct Furniture and Beds 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, Factory Direct Furniture and Beds cannot guarantee that your monitor's display of any color will be accurate.
Quantity Limits and Dealer Sales
You acknowledge that the items sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act.
Indemnification and Termination
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 Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds. Factory Direct Furniture and Beds 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. Factory Direct Furniture and Beds assumes no liability for inaccuracies or misstatements about products. Any customer reviews are provided for informational purposes only.
Free Gift Disclaimer
In the event Factory Direct Furniture and Beds engages in a free gift promotion, Factory Direct Furniture and Beds uses every reasonable effort to maintain the validity of any free gift promotion, and is not responsible for any defects or failures on this Site that might indicate any such promotion or gift other than the item which is explicitly associated with such promotion. Factory Direct Furniture and Beds is not responsible for any damages that may result from any defect, failure or other technical default in the operations of this Site. The Site may be inaccessible for any reason including, without limitation (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Factory Direct Furniture and Beds may undertake from time to time; or (iii) causes beyond the control of Factory Direct Furniture and Beds or which are not foreseeable by Factory Direct Furniture and Beds. Factory Direct Furniture and Beds reserves the right to discontinue any promotion at any time without notice to you. The free gift promotion is available through Factory Direct Furniture and Beds for online credit applications only and must be picked up at the store that is nearest to you. The free gift may vary depending on availability of the gift item in the location nearest to you. In the event that a particular gift item is not available, Factory Direct Furniture and Beds reserves the right to offer a substitute item of equal or lesser value. Sufficient identification (i.e. driver's license, etc.) must be presented in order to validate that the gift is being presented to the online applicant only. Limit one gift per household. The gift promotion applies only while supplies last and is based on a first come, first serve basis.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Factory Direct Furniture and Beds 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 Factory Direct Furniture and Beds has been advised of or should have known of the possibility of such damages. In no event will Factory Direct Furniture and Beds 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.