Terms of Service

Last updated: 2021-03-10 21:49:03

Please read this Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.loriwallbeds.com/ Website (the "Website") operated by Lori Wall Beds, a(n) Limited Liability Company formed in Texas, United States ("us", "we", "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website. 

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website. 

Our offers and pricing 

We offer goods on this Website. The price of these goods can be found listed on the Website. This price does not include taxes or other fees that you may be charged. 

Purchases 

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. We allow you to make purchases using the following third party payment processors: Amazon Pay, Apple Pay, Google Pay, PayPal, Shopify, and Affirm. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, Visa, and Discover, Diner's Club, Elo, JCB, Venmo, PayPal, Amazon Pay, Shop Pay. 

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete. 

Cancellation policy 

We offer cancellations on purchases made of the goods offered on our Website. We offer cancellations only prior to shipment. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase. 

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase. 

We will issue you a refund of the full purchase price that you paid if we cancel your purchase. 

Refund policy 

We offer refunds on purchases made of the goods offered on our Website. To qualify for a refund, you must submit your request to us within 60 days of your purchase date by contacting us. 

We offer refunds on any purchases of the goods offered on our Website for the following reason(s) only: the good, digital product or service failed to meet the warranties, if any and the wrong product or service was provided. Please note that we do not offer refunds for any other reasons other than those listed above. 

You are required to ship your purchased goods back to us to receive a refund. We will not be able to issue you a refund if you do not ship the goods back to us. You will be responsible for paying all shipping and handling costs on any purchases that you are requesting a refund on. Please ship your purchased items back to us at the address we specify during the return process. 

Shipping policy 

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. 

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process. 

The amount of time that it will take to ship the goods to you will be calculated and presented to you when you place your order. 

WARRANTY ON PURCHASES 

WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF GOODS: 

  • GOODS WILL BE OF SATISFACTORY QUALITY; 
  • GOODS WILL BE FIT FOR A PARTICULAR PURPOSE; 
  • GOODS WILL MATCH THE DESCRIPTION. 

. 

EXCEPT AS STATED ABOVE, NO OTHER WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE GOODS DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

Remedies 

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be: 

  • replacement; 
  • price reduction. 

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase. 

Comments and uploading content 

By submitting a comment or uploading content onto this Website, you grant Lori Wall Beds a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion. 

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website: 

  • Content that harrasses others; 
  • Content that is discriminatory or offensive; 
  • Swearing, name calling and otherwise abusive content; 
  • Pornographic and sexually explicit content; 
  • Content displaying, depicting or suggesting violence; 
  • Content that exploits or abuses children; 
  • Content encouraging or committing illegal acts; 
  • Content sharing personal information without consent; 
  • Content infringing on someone’s rights, including intellectual property rights; 
  • Content advertising products or services without our permission; 
  • Content whose purpose is spamming others; 
  • Content we deem unfit for any reason. 

Prohibited uses 

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses: 

  1. Impersonating or attempting to impersonate Lori Wall Beds or its employees, representatives, subsidiaries or divisions; 
  2. Misrepresenting your identity or affiliation with any person or entity; 
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material; 
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability; 
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website; 
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website; 
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose; 
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials; 
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website; 
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack; 
  11. Otherwise attempting to interfere with the proper working of the Website; 
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations. 

                        NO WARRANTY ON WEBSITE 

                        THIS WEBSITE IS PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

                        Availability, errors and inaccuracies 

                        We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. 

                        DAMAGES AND LIMITATION OF LIABILITY 

                        IN NO EVENT SHALL LORI WALL BEDS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF LORI WALL BEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

                        THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF LORI WALL BEDS. 

                        Links to third party websites 

                        This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 

                        Intellectual property and DMCA notice and procedure for intellectual property infringement claims 

                        All contents of this Website are ©2014 - 2021 Lori Wall Beds or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Lori Wall Beds and are either registered trademarks, trademarks or otherwise protected intellectual property of Lori Wall Beds or third parties in the United States and/or other countries. 

                        If you are aware of a potential infringement of our intellectual property, please contact Kyle Marquardt at info@loriwallbeds.com. 

                        We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity. 

                        If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information: 

                        1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest; 
                        2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work; 
                        3. Your name, email, address and telephone number; and 
                        4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law. 

                              Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website. 

                              You may submit your claim to us by contacting us at: 

                              Lori Wall Beds 
                              Kyle Marquardt 
                              info@loriwallbeds.com 
                              (888) 457-2577 

                              Governing law, severability, dispute resolution and venue 

                              These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS. 

                              Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website. 

                              Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Harris County, Texas. 

                              YOU AND LORI WALL BEDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. 

                              Changes to Terms of Service 

                              We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to these Terms of Service. 

                              Questions 

                              If you have any questions about our Terms of Service, please contact us at info@loriwallbeds.com.