Terms and Conditions

Last Updated: Jan 20, 2021

FSNmarketplace.com and any mobile application is owned by Furniture Solutions Network (“We”, “Our”, “Us” or “Furniture Solutions Network”). We are providing you with access to FSNmarketplace.com and our online store (together, “our” “Services”) subject to the following terms and conditions.

By browsing, accessing, using, registering for or purchasing merchandise on FSNmarketplace.com or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change FSNmarketplace.com and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access‚ use‚ register for or purchase merchandise from FSNmarketplace.com.

You represent and warrant that you are at least 18 years old or visiting FSNmarketplace.com under the supervision of a parent or guardian. We will comply with the requirements of the Children' Online Privacy Protection Act of 1998 if we receive any complaints regarding such.

Privacy Policy

Our Privacy Policy, which also governs your visit to FSNmarketplace.com, can be found at FSNmarketplace.com. Please review our Privacy Policy for information on how We collect, use and share information about our users.

Use Of FSNmarketplace.com

Subject to your compliance with these Terms, we grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of FSNmarketplace.com. This license grant does not include: (a) any resale or commercial use of FSNmarketplace.com or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of FSNmarketplace.com and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on FSNmarketplace.com. You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at FSNmarketplace.com‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of FSNmarketplace.com so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account

In order to access some features of FSNmarketplace.com, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of FSNmarketplace.com's security. Each time you use a password or identification, you will be deemed to be authorized to access and use FSNmarketplace.com in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of FSNmarketplace.com. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF FSNmarketplace.com BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF FSNmarketplace.com IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication

When you use FSNmarketplace.com, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on FSNmarketplace.com or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content

FSNmarketplace.com may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on FSNmarketplace.com ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that you use any Interactive Features at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through FSNmarketplace.com any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights In User Content

Except as otherwise provided in these Terms, on FSNmarketplace.com or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on FSNmarketplace.com, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on FSNmarketplace.com and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of FSNmarketplace.com the right to access your User Content in connection with their use of FSNmarketplace.com.

By posting User Content to FSNmarketplace.com, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to FSNmarketplace.com and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with FSNmarketplace.com, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding FSNmarketplace.com, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions On Rights To Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of FSNmarketplace.com‚ except and to the extent expressly permitted under these Terms;
remove any copyright‚ trademark or other proprietary rights notice contained in or on FSNmarketplace.com;
use any robot‚ spider‚search/retrieval application‚ or other device to retrieve or index any portion of FSNmarketplace.com;
collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
reformat or frame any portion of any Web pages that are part of FSNmarketplace.com;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of FSNmarketplace.com;
submit to FSNmarketplace.com any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to FSNmarketplace.com any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of FSNmarketplace.com‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of FSNmarketplace.com by any user;
use FSNmarketplace.com to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to FSNmarketplace.com any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use FSNmarketplace.com to transfer or store illegal material‚ including any material deemed threatening or obscene;
copy or store any User Content offered on FSNmarketplace.com other than for your personal‚ non-commercial use;
take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on FSNmarketplace.com or the IT infrastructure used to operate and make FSNmarketplace.com available; or
use FSNmarketplace.com and/or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on FSNmarketplace.com, and We reserve the right and have absolute discretion to monitor any user conduct on FSNmarketplace.com at any time and for any reason without notice.

Ownership

As between you and Us‚ FSNmarketplace.com‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of FSNmarketplace.com (collectively, the “FSNmarketplace.com Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.

The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights. Notifications of claimed copyright infringements must include the information outlined in Title 17 of the U.S. Code.

Purchases On This FSNmarketplace.com

You agree that all of your transactions with or through FSNmarketplace.com may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

The risk of loss and title for items purchased by you on FSNmarketplace.com pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.

We charge sales tax for merchandise ordered on FSNmarketplace.com based on the applicable state sales tax rate of the location to which the order is being shipped.

When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on FSNmarketplace.com when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.

Only valid credit cards or other payment methods acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on FSNmarketplace.com) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

All returns are governed by our Return Policy, which can be found at Refund Policy.

We attempt to be as accurate as possible and eliminate errors on FSNmarketplace.com; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on FSNmarketplace.com, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Links

FSNmarketplace.com may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of FSNmarketplace.com and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use FSNmarketplace.com, or any portion of FSNmarketplace.com, and to block or prevent your future access to and use of FSNmarketplace.com or any portion of FSNmarketplace.com.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of FSNmarketplace.com; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through FSNmarketplace.com; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control the defense or settlement of any third party Claims.

Disclaimers

Except as expressly provided, FSNmarketplace.com, including all FSNmarketplace.com Content, and services provided on or in connection with FSNmarketplace.com are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that FSNmarketplace.com is accurate, complete, reliable, current or error-free. We do not represent or warrant that FSNmarketplace.com or our servers are free of viruses or other harmful components.

Exclusivity Of Remedy; Limitation Of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH FSNmarketplace.com EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

Modifications To FSNmarketplace.com

We reserve the right to modify or discontinue, temporarily or permanently, FSNmarketplace.com or any features or portions thereof without prior notice.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous

No agency, partnership venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on FSNmarketplace.com. These Terms, which shall be deemed accepted by you upon your use of FSNmarketplace.com‚ constitute the entire agreement among you and Us regarding use of FSNmarketplace.com. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at Privacy Policy, and any notices regarding FSNmarketplace.com.

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: sales@fsnmarketplace.com.