Terms and Conditions
Last updated April 26, 2019
Welcome to Jordan Bedding & Furniture Gallery!
Jordan Brothers Bedding, Inc. dba Jordan Bedding & Furniture Gallery (“JBB Inc.”) provides this website (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites”) subject to your compliance with these Terms and Conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions constitute an agreement between JBB Inc. and you. We recommend that you print out a copy of these Terms and Conditions for your records.
By using this Site, you affirm that you are able and legally competent to agree to and comply with these Terms and Conditions. If you do not agree to these Terms and Conditions or if you are not legally competent to agree to them, then you may not use this Site.
Privacy & Security
Please review our Privacy Policy, which is incorporated into these Terms and Conditions and also governs your use of these Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms and Conditions, the Terms of Conditions govern.
Changes
JBB Inc. reserves the right, at any time, to change these Terms and Conditions, our Privacy Policy and or/the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms and Conditions and/or Privacy Policy as revised. The revised Terms and Conditions and /or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms and Conditions.
We will notify you of any change to these Terms and Conditions by updating the “Last Updated” date at the top of this webpage.
Intellectual Property Rights
The Site and its original content, features, and functionality are owned by JBB Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any use of the JBB Inc. marks without the prior written permission of JBB Inc. is strictly prohibited.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
JBB Inc. uses third party suppliers and distributors to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these products and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
User-Generated Content
From time to time, the Sites permit the submission of content, such as comments and product review, generated by you and other users (“User Content).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post publish on the Site is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to JBB Inc. that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize JBB Inc. to use your User Content, and (iii) your User Content does not violate JBB Inc. ‘s Acceptable Use Policy set forth below.
As between you and JBB Inc., you will retain all of your ownership rights in and to your User Content. By submitting User Content to JBB Inc., you hereby grant to JBB Inc. a perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part including future rights that JBB Inc. (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, means and forms of exploitation or future technology yet to be developed. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part to the extent permitted by the Sites under these Terms and Conditions.
JBB Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein. JBB Inc. reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. JBB Inc. has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. JBB Inc. takes no responsibility for User Content.
Social Media Tag Usage
BY USING #jordanbedding #jordanbedding&furnituregallery, @JordanBedding AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THESE SITES, EACH USER AGREES TO PROVIDE JBB INC. WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant JBB Inc. all of the rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortius, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii)use the Sites to harm any person or entity, including JBB Inc.; (iv)impersonate any person or entity including but not limited to, a representative of JBB Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii)upload, post email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii)intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store, or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. JBB Inc. reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. JBB Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and JBB Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after and order has been submitted. JBB Inc. reserves the right, at its sole discretion to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at JBB Inc.’s sold discretion.
About Our Prices
Where a product listing on our Site references a higher price typically denoted by a strikethrough (e.g. $599), such higher price sometimes represent the MSRP or manufacturer suggested retail price. In the absence of a MSRP, this price represents the highest price at which we offered or sold the product at some point in the past. For “flash sales”, where a product is temporarily being sold at a reduced price, an additional strikethrough price may be presented that represents a recent previous price before the flash sale promotion.
When we use the term “Closeout”, we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of JBB Inc. or supplier inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
Links to Other Websites
The Sites may contain links to third-party websites (“Other Sites”) that are not under JBB Inc.’s control. JBB Inc. makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. JBB Inc. provides these links to you as a convenience and the inclusion of any link does not imply endorsement by JBB Inc. of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted on any third-party sites.
Communications with JBB Inc.
For all communications made to or with JBB Inc. including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and JBB Inc. will have no obligation to protect your communications from disclosure; ii) Wayfair will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Wayfair will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Indemnity
You agree to indemnify and hold Wayfair and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.
Disclaimer of Warranties
JBB Inc. intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, JBB Inc. Except as expressly set forth herein ( and as except as may be required by law)JBB Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. JBB Inc. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation of Liability for Ecommerce Transactions
LIMITATION OF LIABILITY FOR e-COMMERCE TRANSACTIONS. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR THE ACTS OR OMISSIONS OF THE THIRD-PARTY ECOMMERCE PROVIDER WHEN SUCH ACTS OR OMISSIONS NEGATIVELY IMPACT EITHER ONE OR MORE TRANSACTIONS, OR THE TRANSMISSION, RECEPTION, STORAGE OR HANDLING OF DOCUMENTS. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF OR RELATED TO (i) ANY DELAY, OMISSION OR ERROR IN THE ELECTRONIC TRANSMISSION OR RECEIPT OF ANY DOCUMENTS PURSUANT TO THIS AGREEMENT; OR (ii) UNAUTHORIZED ACCESS TO OR ALTERATION BY A THIRD PARTY OF TRANSMITTED DATA.
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that JBB Inc., in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if JBB Inc. believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. JBB Inc. also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be affected without prior notice and you acknowledge and agree that JBB Inc. may bar any further access to the Sites. Further, you agree that JBB Inc. will not be liable to you or any third-party for any termination of access to the Sites.
For instructions for deleting your account, please see the “Registering for the Service” section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
Outages
JBB Inc. periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that JBB Inc. has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and JBB Inc. with respect to use of the Sites and supersede any prior agreements between you and Wayfair relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with JBB Inc.’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. JBB Inc.’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of JBB Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by JBB Inc. with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.
Questions:
Write: Jordan Brothers Bedding, Inc.
4735 Malvern Rd.
Hot Springs, AR 71901
If you would like to contact us by phone please call 501-262-1581.
Email at sales@jordanbedding.com
