This legal statement contains the terms and conditions governing this Site, and all sites of the affiliates of the Company which are linked to this Site (collectively, the "Sites"). By using any of these Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use any Sites if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to "COMPANY" shall include MCH1960.com and all of its affiliates.
The Sites are available only for your personal use, which shall be limited to viewing the Sites, providing information to the Sites and downloading product information for your personal review.
The COMPANY owns all of this 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 this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. The Content and Code of the Sites are protected by copyright except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Sites without the prior written agreement of the COMPANY. All names, logos and trademarks that appear on the Sites are the property of the COMPANY or are used by the COMPANY under license. You may not use any of the foregoing for any purpose without the prior express written permission of the COMPANY. Your failure to comply with this Legal Statement will constitute breach of contract and will violate COMPANY’s copyright, trademark and other proprietary and industrial property rights.
The COMPANY’s Web site and COMPANY logo are service marks of COMPANY. All other trademarks, product names and COMPANY names or logos cited herein are the property of their respective owners.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of the COMPANY, its affiliates or any third party.
USE OF THIS SITE
Site Security Users 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. The COMPANY 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 this Site or any activity being conducted on this 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 this Site other than the search engine and search agents available from the COMPANY on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
The COMPANY may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by COMPANY, your sole remedy is to terminate this Agreement.
The COMPANY operates the Site from its offices within the United States. COMPANY makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of Texas; provided, however, that notwithstanding anything contained in this Agreement to the contrary, COMPANY shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce COMPANY's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the COMPANY concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.
Purchaser consents to the exclusive personal jurisdiction of such courts.
LINKS TO OTHER WEB SITES
COMPANY makes no claim or representation, and accepts no responsibility, regarding the quality, nature, legality or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.
Pricing, specifications, availability and terms of offers may change without notice. COMPANY cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors.
WARRANTIES AND DISCLAIMERS
COMPANY intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
Neither the COMPANY, nor its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site are responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, this site or the information contained on this site, even if COMPANY (or any third party posting information on this site) has been advised of the possibility of such damages. In no event shall COMPANY's total liability (or the total liability of any third party providing information on this site) to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed one dollar (US$1.00).
Copyright 2009-2011 by Mattress & Furniture Clearance House. All rights are reserved.