DUMYAT FINE FURNITURE
Legal Terms and Conditions
Welcome! Please Read
This Page.
This page states the Terms and Conditions ("Terms") under
which you, the website visitor ("You" or "Your"
or "Yourself") may use this website ("Our Site"),
which is owned by Dumyat Furniture Company, Inc. ("We" or
"Us" or "Our"). By using this website, You agree
to be bound by all of the Terms and Conditions set forth below. If You
do not accept these Terms and Conditions, please do not use this website.
We may, in Our sole discretion, revise these Terms and Conditions at
any time; therefore, You should visit this page periodically to review
the Terms and Conditions. Having such access to and use of the Site
(including the content of such Site) through Us is collectively referred
to as "the Service(s)."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU
DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE
ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use this
Site may be further limited by federal law or the laws or regulations
in Your particular state or locality.
Your Acceptance of the Terms
and Conditions
The Terms constitute a legal agreement between You, as
a visitor to the Site, and Us. Any information provided by You is also
subject to Our Privacy Policy, which is incorporated
by reference into the Terms. By using the Services, You acknowledge
and agree that You have read and agree to the terms in Our Privacy
Policy. Additional terms and conditions of use may also be posted
directly on other areas of the Site, and together with the Terms, as
amended from time to time, are collectively referred to as the "Agreement."
We reserve the right to modify any or all of this Agreement at any time,
and such change will be effective immediately upon its publication on
Our Site. You agree to be bound by the terms and conditions of this
Agreement, and any modifications thereof, as long as You continue to
access and use the Services. Because of the possibility that the Agreement
could change between visits, You also agree to check the Terms of the
Agreement each time You return. Your continued access to or use of Our
Site Content (defined below) shall be deemed Your conclusive acceptance
of modifications to this agreement.
The Rights We Grant to You, the
Site Visitor
The contents of this website, such as text, graphics,
images, video and other content (the "Site Material"), are
protected by copyright under both United States and foreign laws. We
authorize You, non-exclusively and non-transferably, to view and download
a single copy of the Site Material for Your personal use. This authorization
is not a transfer of title in the Site Content or copies of the Site
Content. Unauthorized use of the Site Material violates copyright, trademark,
and other laws. You agree to retain all copyright and other proprietary
notices contained in the original Site Material on any copy You make
of such material. You may not sell or modify Our Site Material or reproduce,
display, distribute, or otherwise use the Site Material in any way for
any public or commercial purpose. The names, marks and logos included
in the Site Material are, unless otherwise noted, registered and/or
common law trademarks owned by or licensed to Us. Marks not belonging
to Us belong to their respective third party owners and We claim no
rights in them. The use of these marks or the Site Material, except
as provided in these Terms and Conditions, is prohibited.
We Welcome Your Comments
We welcome Your comments on Our website and services
at info@dumyatfinefurniture.com. You acknowledge, however, that if You
send Us comments, praise, creative suggestions, ideas, notes, drawings,
concepts, inventions or other information (collectively, but excluding
personally-identifying information about You, the "Information"),
You grant to Us a non-exclusive, perpetual, royalty-free, freely transferable
license to use, practice, exploit, modify and sublicense such Information
for any purpose whatsoever, commercial or otherwise, throughout the
universe. Please note that any communication or other materials that
You transmit to Us over the Internet is considered to be, and will be
treated as, non-confidential, unless the Web page through which information
is submitted expressly states otherwise. For more information about
confidentiality and privacy issues, please read Our privacy statement,
below, and Our Privacy Policy.
Site Content
You acknowledge that the Service contains "Site
Content," which collectively refers to any of the following owned
by Us: any text, graphics, images, information, software, audio and
video clips, links, logos, icons, and other material, including but
not limited to proprietary and confidential information, copyrights,
patents, trade secrets, trade dress, service marks and trademarks, including
the Marks (as defined below). Any Site Content owned by Us is referred
to herein as "Our Site Material." Our Site Material may include
technical inaccuracies or typographical errors. We reserve the right
to make changes and updates to any information contained on Our Site
without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by
all applicable copyright laws, international conventions or treaties,
and any other intellectual property or proprietary laws, and, unless
in the public domain, or unless otherwise stated, is owned by Us, whether
or not such rights are expressly identified in, or in connection with,
such Site Content.
You understand and agree that You may not remove, alter or cover any
copyright or other proprietary notices placed on Our Site. No other
license to use any of the Site Content is given or implied without Our
prior written consent. You may not transfer the Site Content to any
other person unless You give him or her notice of, and s/he agrees to
accept, the obligations arising under these Terms. You agree that You
will not refer to or attribute any information to Us in any public medium
(regardless of form) for advertising, public relations, marketing or
other purpose (including informing or influencing any third party).
Unless otherwise specified hereunder, You may not sell, rent, modify,
reproduce, display, distribute, redistribute, republicize, retransmit,
participate in the transfer or sale, create derivative works, or in
any way exploit or otherwise use the Site Content, in whole or in part,
in any way without Our prior written consent.
The names, marks, logos and/or text appearing on the Site Content ("Marks")
are registered and unregistered trademarks owned by Us and protected
under all applicable laws. Unless otherwise specified hereunder, such
Marks may not be used in any way that is not expressly authorized by
Us, in any manner that is likely to cause confusion among the public
about Us or Our business, or in any manner that disparages or discredits
Us.
You agree that You will not copy or reproduce any Mark of Ours to imply
an endorsement by or relationship with Us.
User Rules and User Information
As a user of the Service, You agree to carefully read
and abide by the Agreement, including any user rules of conduct as specified
below. You must be over 18 to access and use Our Site and Services.
If You are over 18, You agree to take full and active responsibility
to prevent the use of Our Site and Services by any children under 18
You may be responsible for as a parent or legal guardian. If You are
under 18, You may not access and use the Site and Services without Your
parent's or legal guardian's supervision.
We do not want You to, and You should not, send any confidential or proprietary information to Us via Our Site. You acknowledge and agree that transmissions and communications to and from the Site, including transmission of any User Information (defined below), are not confidential, and may be read or intercepted by others. You also acknowledge that if You transmit any communication to Our Site You are solely responsible for its accuracy and completeness. By engaging in any form of communication via the Site (collectively referred to as "User Information"), You give Us an irrevocable, unrestricted, worldwide, royalty-free license to use such User Information through the Service in any way, unless otherwise specified in the Agreement. All User Information is governed by Our Privacy Policy. Should You provide Us with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and We assume no obligation to protect such information from disclosure, except insofar as provided for in Our Privacy Policy. The submission of such information to Us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatever and We shall be free to reproduce, use, disclose and distribute the information to others without restriction. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. Unless otherwise specified, You waive all rights to any claim against Us for any alleged or actual infringements of any proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Information. We disclaim any liability for disclosure of User Information as a result of errors in transmission by third parties or unauthorized acts of third parties.
Improper Use of Our Site
You agree that You will not use Our Site to transmit
or distribute, or cause to be transmitted or distributed, any material
that (1) violates any local, state, national or international laws;
(2) violates the proprietary rights, intellectual property rights (including
without limitation copyright and trademark rights), rights of privacy
or publicity, moral rights, rights of attribution, or any other related
rights of others; (3) is intended to advertise or solicit business including
but not limited to any multi-level marketing scheme; (4) purports to
be provided by another person; (5) is obscene, harassing, threatening,
defamatory, libelous, or abusive; or (6) is a chain letter or part of
a pyramid scheme. You agree not to impersonate any person or entity
or otherwise misrepresent Your affiliation with a person or entity.
You agree not to "stalk" or otherwise harass another or store
personal data about other users, including Our employees. You may not
introduce any material into Our Site that contains any viruses, Trojan
horses, worms, time bombs, or other computer programming routines that
may damage, interfere with, or appropriate Our Site or any information
residing on Our Site. We reserve the right to delete any information
You send to Our Site that We in Our sole discretion determine to be
inaccurate, violative of law or otherwise violative of Our policies.
If You use, or attempt to use, Our Site or its Content for improper
purposes including without limitation tampering, hacking, modifying,
or otherwise corrupting the security of Our Site, You will be responsible
for all damages including, but not limited to, criminal prosecution
and civil and criminal penalties.
Digital Millenium Copyright Act
Notice
We respect the rights of copyright owners and expect
You to comply with Canadian and CANADA copyright law. We have procedures
in place to protect the rights of copyright owners in the event of alleged
infringement, in accordance with the Digital Millenium Copyright Act
("DMCA"). If You believe that Your copyright is being infringed
by any material viewed on this website, please send a notice, in accordance
with the DMCA, to Our designated agent: info@dumyatfinefurnitue.com
We reserve the right to expel users and prevent their further access
to this website for violating these terms or the law and reserve the
right to remove any communications from this Site.
Forward-Looking Statements
This website and the documents within it contain statements
which are not based on historical facts, but are forward-looking statements.
These statements can be identified by the use of forward-looking terminology
such as "believes," "estimates," "expects,"
"may," "will," "should," or "anticipates"
or the negative thereof or other variations thereon or comparable terminology,
or by discussions of strategy. These statements reflect the Company's
reasonable judgment with respect to future events and are subject to
risks and uncertainties that could cause actual results to differ materially
from those in the forward-looking statements. These risks and uncertainties
(which are detailed from time to time in the reports filed by the Company
with the SEC, including Forms 8-K, 10-Q and 10-K) include competition
in the furniture industry including competition from lower-cost foreign
manufacturers, the Company's success in implementing its blended strategy
of expanded offshore sourcing and domestic manufacturing, disruptions
in offshore sourcing including those arising from supply or distribution
disruptions or changes in political or economic conditions affecting
the countries from which the Company obtains offshore sourcing, the
cyclical nature of the furniture industry, fluctuations in the price
for lumber which is the most significant raw material used by the Company,
credit exposure to customers in the current economic climate, capital
costs and general economic conditions. The Company undertakes no obligation
to update or revise any forward-looking statements, whether as a result
of new developments or otherwise, after the statement is made.
Disclaimer of Warranties
Although We strive for accuracy in all elements of the
Site Material, it may contain inaccuracies or typographical errors.
We make no representations about the accuracy, reliability, completeness,
or timeliness of the material on this website or about the results to
be obtained from using Our Site. You use Our Site and its material at
Your own risk.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT
BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE
AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS ON THIS WEB SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON
THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE
AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
This website contains links to websites owned by third
parties ("Third Party Sites"). Should You utilize these links,
You will leave Our Site. If You decide to visit any linked site, You
do so at Your own risk and it is Your responsibility to take all protective
measures to guard against viruses or other destructive elements. You
also agree that We are not responsible or liable for any direct or indirect
damage or loss caused, or alleged to be caused, by or in connection
with the use of or reliance on any such content, products or services.
These links are provided solely as a convenience to You and are not
an endorsement by Us of the contents on those other sites, which content
may change at any time without notice to Us. We are not responsible
for the content of any linked sites and make no representations regarding
the content or accuracy of materials on such sites, nor do We make any
representations regarding the privacy practices of such sites. If You
are concerned about the privacy practices of an outside site, please
consult its Privacy Policy. We are not responsible or liable for applications,
admissions, hiring and employment practices and access to services,
programs, institutions and services of such Third Party Sites. We are
not responsible for any misuse of intellectual property found on those
sites.
Our Management of Site Content
We reserve the right, in Our sole discretion, to establish
practices regarding a visitor's use of the Service and storage of any
Site Content posted on the Site. We have no responsibility or liability
for the deletion or failure to store any Site Content and any other
communications maintained or transmitted through the Service.
We may preserve, disclose or review any communications if required to
do so by law or in a good faith belief that such action is reasonably
necessary to comply with any legal process, enforce the Agreement, respond
to any claim regarding the violation of any third parties, or protect
the rights, property or personal safety of Us or any visitors to Our
Site.
Indemnification
By using this Site, You agree to indemnify, defend and
hold harmless Us and all of Our officers, directors, agents, employees,
contractors, and information and service providers ("Indemnified
Parties") from any claim, demand, losses, damages, costs, and/or
expenses including reasonable attorney's fees, accounting fees, and
related costs, including court costs, attributable to or arising from
Your posting of or communicating User Information through the Service,
Your use of the Service, Your use of the Site Content, Your conduct
through the Service, Your violation of these Terms, and/or Your violation
of any other rights related to the Service. We reserve the right to
assume or participate, at Your expense, in the investigation, settlement
and defense of any such action or claim.
Termination of or Change in Service
We may immediately, at any time and in Our sole discretion, (1) terminate
or limit Your use of or access to the Service, or any part thereof,
or (2) remove and discard any Site Content within the Service, for any
reason, including without limitation, Your lack of use, Your breach
of any terms and conditions hereunder, or if We believe You have violated
or acted inconsistently with the letter or spirit of the Agreement.
We may change, suspend or discontinue any aspect of the Site or Service,
or any part thereof, or impose any limits on any feature or service,
including the availability of any Site feature, database, or Site Content
for any reason, at any time, and without notice. You agree that We will
not be liable in any way to You or to any third party for any actions
We take as described herein or otherwise.
One Year Limit
You agree that regardless of any contrary statute or
law, any claim or cause of action arising out of or related to use of
the Service or these Terms, or alleged to arise out of or to be related
to use of the Service or these Terms, must be filed within one (1) year
after such claim or cause of action arose, or be forever barred.
Survival of Certain Provisions
The termination of these Terms for any reason will not terminate the
obligations or liabilities of the parties under these Terms regarding
warranties, liabilities, proprietary rights and all others that by their
sense and context are intended to survive the execution, delivery, performance,
termination and expiration of the Agreement.
EMail
Our Site provides a customer service email functionality.
This functionality is for business purposes only; do not disclose any
personal information about Yourself, other than that necessary for us
to answer your inquiry. Please read our Privacy
Policy before using our email functionality.
Governing Law
These Terms are governed, construed and enforced in accordance
with the laws of the Commonwealth of Virginia, without giving effect
to its conflicts of law rules. Before seeking legal recourse for any
harm You believe You have suffered from Your access to Our Site, You
will give Us written notice specifying the harm and thirty (30) days
to cure the harm after providing such notice before initiating any action.
Except for Our claim for injunctive relief in any court having jurisdiction,
You and We agree to submit to the personal and exclusive jurisdiction
of the Virginia courts. By accessing the Site and using the Service,
You waive any defense of an inconvenient forum and of jurisdiction on
account of place of residence or domicile, and You agree that You waive
Your right to a jury trial.
Location
This Site originates from Mississauga, Ontario. We make
no representations that the information on Our Site is appropriate or
available for use in any location outside of the Canada. Access to the
Site from other territories is strictly prohibited if such access is
illegal in such jurisdiction. You agree that Your decision to access
Our Site is done solely on Your own initiative, and that You are solely
responsible for complying with any applicable laws regarding such access.
International Users
We make no representation that Our Site Content is appropriate
or available for use in any jurisdictions or countries other than the
United States. You may not use Our Site or export Site Content in violation
of Canada export laws and regulations. Given the global nature of the
Internet, You agree to comply with all local rules (from where You physically
reside) regarding Internet conduct and content. You also agree to comply
with all applicable laws regarding the transmission of technical data
exported from the Canada or the country in which You physically reside.
Miscellaneous Terms
This Agreement constitutes the entire agreement between
You and Us, and supersedes any prior agreements between You and Us.
If any provision under this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable for any reason, the remaining
provisions will continue in full force without being impaired or invalidated
in any way. Our failure to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right or provision.
We may assign Our rights and obligations under this Agreement at any
time and without notice to You. The section headings used in this Agreement
are for convenience only and have no legal effect.
All employment-related information on this website is subject to modification
or elimination at Our sole discretion. Nothing on this site creates
an express or implied contract of employment.
    
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