Terms of Service
Futon Covers For Less Website Terms of Service
Effective Date: December 22, 2018
Futon Covers For Less, a Shopify Ecommerce Store (“FCFL” or the “Company” or “us” or “we”), appreciates your interest in the Company’s websites located at https://www.futoncoversforless.com and associated subdomains (the “Website”).
The Website is offered to you conditioned on your acceptance of the terms, conditions, and disclaimers contained herein (the “Terms”). The Terms are a legal contract between you and the Company regarding your use of the Website. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE WEBSITE.
BY ACCESSING AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS, INCLUDING THE RESOLUTION OF ANY DISPUTES THROUGH BINDING ARBITRATION; WAIVING THE RIGHT TO SUE OR LITIGATE IN COURT, OR HAVE A JURY DECIDE THE CASE; AND LITIGATING OR ARBITRATING ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Further terms and conditions may apply to certain products, orders, or your use of specific portions of the Website, including with respect to ordering, shipping and return policies, and membership programs ("Additional Terms"), which Additional Terms shall be part of these Terms by reference. If a conflict exists between these Terms and the Additional Terms, the Additional Terms shall control.
The Website’s information (the “Information”), Materials (as defined below), and Services (including, but not limited to user accounts, product purchasing and returns, chat feature, social media, press and media, and testimonials) provided on or through the Website are for general and non-commercial purposes only.
The Services, Information, and Materials do not, and in no way, are they intended to, constitute financial, legal, and/or professional advice. Regardless the scenario, you shall not depend on on them as such.
Although the Company aims to guarantee that the Website’s information is accurate, particular information may include product description errors, pricing errors, typographical errors and other errors or inaccuracies which we may be exact, at our discretion, without liability. In the instance a product offered by the Company itself does not fit its description, your only remedy is to return it in unused condition. FCFL holds the right to limit quantities of products purchased by you and to terminate, revise, or suspend a sale, event, or promotion at any time, and without notice (including after an order has been submitted and/or acknowledged). No guarantee is made by the Company that all products described on the Website will be available at all times.
- USER ACCOUNTS
A User Account (“User Account”) is provided by FCFL to registered users who are 18 years or older who have not been suspended or removed by FCFL for any reason (a “Member”).
All verdicts regarding your eligibility to use the User Account, and which types of data can be uploaded or viewed on the User Account, are made exclusively and entirely in the discretion of the Company. You agree not to contest any eligibility determination made by AC. The Company may, without notice or liability, limit, modify, suspend, discontinue or restrict the use of any portion of the User Account, including the availability of any portion of the content at any time; remove or edit content; or cancel orders.
The use of a user name (your email address) and password is required to use the User Account and its related services. The password will be set by you when you register for a User Account. You agree to: (i) keep the user name, password, and User Account protected and confidential; (ii) accept accountability for all events that occur under your User Account or password; and (iii) notify FCFL instantly of any unauthorized use of your user name, password, and/or User Account. Any use of another person’s username and/or password is expressly prohibited.
Futon Covers For Less does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use a User Account only with involvement of a parent or guardian.
- RETURNS POLICY
If you are discontented with any aspect of your purchase from the Company, you may return those items within thirty (30) days of delivery. Delivery is defined as the date the shipment was marked delivered by the carrier's tracking number. Refunds from returns are made in the original payment form, minus any shipping and handling that may have been charged. There is a $15.00 restocking fee. The company does not pay for shipping for any returns. Purchases with gift cards are ineligible for returns.
- RISK OF LOSS
All items purchased from the Website will be shipped by a third party carrier pursuant to a shipment contract. This means that upon our delivery to the carrier, risk of loss and title for such items shall pass to you.
- CHAT FEATURE
An optional chat feature through the Website (“Chat Feature”) is provided by FCFL to provide live chat messaging between you and the Company. You agree to use the Chat Feature only to post, send, and receive messages and material that are proper and permitted by applicable law. The Company reserves the right to limit, modify, suspend, discontinue or restrict the use of any aspect of the Chat Feature at any time, without notice or liability.
- THIRD PARTY SITES
The Website may contain links to other websites, products, or services exclusively as a convenience to you (“Linked Sites”). The Linked Sites are not under the control of the Company and FCFL does not hold accountability for, and does not endorse, the information, materials, contents, services, or products included on or accessible through any Linked Site. Use and access of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
- PRESS / MEDIA / TESTIMONIALS
Through the Website, you may have access to testimonials that are received via social media, normal mail, interviews, or email communication (“Testimonials”) and/or press articles and references about FCFL (“In the News”).
Linked Sites may give access to In the News references and articles. Use, dependence, and access of In the News articles and references, including the materials, information, services, and products on or existing via Linked Sites is entirely at your own risk.
The Company, at any time and in its sole discretion, may choose to show or delete any individual Testimonial or any part of any individual Testimonial. Testimonials are particular experiences, disclosing real life happenings of those who have used FCFL products and/or services. However, they are individual results and results differ from person to person. FCFL does not warrant that they are average outcomes that customers will reach. The testimonials are not necessarily illustrative of all of those who will use FCFL services and/or products. The testimonials portrayed are given verbatim except for modification of typo and/or grammatical errors. For some testimonials received by the testimony provider, the whole message is not displayed as it may have been shortened. Although the Company does not serve as a forum for testimonials; the Website provides testimonials as a way for customers to share their experiences with other customers. For prevention against abuse, all testimonials are displayed upon reviewal by management of AC.
The Company does not adopt the commentary, thoughts, or views of any In the News references or articles and/or Testimonials on the Website, which are solely the opinions of the provider.
- CONFIDENTIALITY OF COMMUNICATIONS
You recognize and agree that the Internet of things (“IoT”) is not a secure method of communicating information. The Company does not warrant or guarantee the security, confidentiality, or privacy of any correspondence, materials, information, or data sent via IoT, email, the Website, any Services, Social Media, or left in voicemail messages on our telephones. Proprietary, sensitive, confidential, or other information should not be sent to us by you unless otherwise agreed to by AC. The Company will not handle unsolicited material, data, and information as confidential as it will not be protected by any confidentiality.
- INTELLECTUAL PROPERTY RIGHTS
The Website is owned and operated by AC. The Content, graphics, logos, service marks, trademarks, visual interfaces, user experiences, design, videos,, information, data,, button icons, page headers, copy, and music, computer code (including source code or object code), software, algorithms, products, services, and all other aspects of the Website provided by FCFL (the “Materials”) are property of the Company and/or third-party licensors, and protected by United States copyright, trade dress, patent, and/or trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Any rights or licenses to use any of the Materials on the website shall not be interpreted as granted, by insinuation, or otherwise by anything contained on the Website without the explicit written consent of the Company. Your use of any of the Materials contained on the Website is entirely prohibited, besides that you are permitted to view one copy of the Material for your non-commercial, personal use only, subject to the following provisions: (a) the copyright, trademark, and other proprietary notices are kept intact; and (b) the information is not altered in any way. Any other use of the Materials is strictly prohibited. The Company reserves all rights to the Materials not expressly granted in the Terms.
- COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
FCFL forbids the posting of any information that infringes or breaches the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any individual or entity.
In the event where you feel like any material displayed on this Website infringes your copyright or other intellectual property rights, please submit your concern in accordance with the following approach.
Notices of alleged infringement received will be processed by the Company and FCFL will carry out proper action as required by the Digital Millennium Copyright Act ("DMCA"). All notifications of claimed copyright infringement are to be addressed to the Website's Designated Agent at the following email address: Support@futoncoversforless.com
The notification must be in writing and contain the following information:
- A detailed description of where the content that you claim is infringing is located on the Website;
- A description of the copyrighted material that you claim has been infringed upon;
- Your contact information of which includes your address, telephone number, and e-mail address;
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A statement by you indicating you have a good-faith view that the questioned use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
By engaging with, using, and/or accessing the Website, Social Media, or Services, you acknowledge and agree not to do the following:
(a) copy, recreate, sell, use, post, display, modify, adapt, perform, broadcast, transmit, portray, publish, print, improve, reproduce, distribute, re-broadcast, translate, or otherwise create derivative works or enhancements, regardless of patentability, of the Website, Materials, Social Media, or Information, or any part thereof, except as explicitly authorized by these Terms for your own non-commercial, non-promotional, personal use;
(b) use the Website, Social Media, Information, or Materials in a means that: (i) breaches any law, regulation, statute, or ordinance; (ii) breaches, harms, exploits, or violates, or attempts to breach, harm, or violate, the legal rights (including the copyright, trademark, privacy, patent, or publicity rights) of any individual, entity, or third party; (iii) endorses any illegal, marketing, advertising, commercial, or political activity, or supports, promotes, or advocates any unlawful, advertising, commercial, marketing, or political act; (iv) causes aggravation, inconvenience, irritation or unnecessary anxiety or be probable to trouble, embarrass, upset, annoy or aggravate any individual, entity, or third party; (v) defames, harms, harasses, threatens, abuses, stalks, or intimidates any individual, entity, or third party, or discloses personal information; (vi) tracks any individual, entity, or third party without their explicit permission; or (vii) could lead to any criminal or civil liability under any related local, state, national or international regulations, laws, rules, ordinances, statutes, or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;
(c) change, alter, modify, delete, edit, remove, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, Materials, Social Media, or Information, including any copy thereof;
(d) get rid of, disable, remove, evade, or otherwise produce or implement any workaround to any rights organization, copy protection, or security elements in or protecting the Website, Social Media, Materials, or Information; or
(e) harm, damage, impair, or overburden AC’s network, servers, or security; handicap the or impede with any other party’s use of the Website, Social Media, Materials, or Information; spread malware or spam, mine passwords, hack, or use methods to obtain unauthorized access to the Website, AC’s networks, or Services.
FCFL shall, in its discretion, comply and work with any law enforcement authorities or court order adjuring or requesting the Company to disclose the identity of any individual or entity violating these restrictions.
- MODIFICATIONS AND INTERRUPTIONS
The Company does not warrant or guarantee that the Website, Materials, Social Media, Services, or Information will be accessible at all times. You agree and acknowledge that the Company makes no guarantee that access to the Website, Social Media, Services, Materials or Information will always be secure, continuous, or uninterrupted or secure. You accept and agree that various factors or circumstances outside of the Company’s control may interfere, disrupt, or adversely affect the Website, Social Media, Services, Materials and Information.
FCFL holds the right to modify, alter, change, suspend, limit, or discontinue the Website, Social Media, Services, Materials or Information, with or without notice to you, and you accept that FCFL shall not be liable to you or any third party should the Company practice its right to modify, alter, change, suspend, limit, or discontinue the Website, Social Media, Services, Materials or Information.
- NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES
THE WEBSITE, INFORMATION, MATERIALS, AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INFORMATION, MATERIALS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, INFORMATION, MATERIALS, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR CURRENT, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE COMPLETELY SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, INCLUDING, WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THAT ARE PROVIDED BY THIRD PARTIES.
Your choice to access the Website, or use the Materials, Social Media, Services, Information, or any Linked Site is at your own risk.
You accept and acknowledge that you will be solely liable for any damage to your property (including your electronic or computer system) or loss of data that occurs as result of use of the Website or Linked Site, or use of the Social Media, Services, Materials, or Information.
To the completest extent allowable by law, you agree, accept, and acknowledge to indemnify, defend and hold harmless the Company and its members officers, directors, employees, agents, affiliates, successors and assigns from and against any and all damages, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your misuse of the Website, Linked Sites, Social Media, Materials, Services, or Information; (b) your violation of these Terms; or (c) a breach by you of any applicable law or regulation, or agreement or obligation to a third party.
- LIMITATION OF LIABILITY AND LIMITATION ON DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF FIFTY DOLLARS ($50).
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- INTERNATIONAL USERS
The Website is run, directed and managed by the Company from our office within the United States. If you access the Website from a location outside the United States, you are held liable for compliance with all local laws. You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- SITE POLICIES AND MODIFICATION
Please review our other policies posted on the Website. These policies also administrate your use of the Company’s services.
FCFL holds the right, at its discretion, to edit, change, add, or delete elements of the Website, policies, or Terms at any time by posting the amended Terms or policies on the Webite. You will be considered to have agreed to any changes by continuing to access the Website or Service. Unless otherwise stated, all amended terms shall automatically take effect thirty (30) days after they are initially posted.
The Terms may not be otherwise amended except in a writing hand signed by you and the Company. For reasons attributed to this section, "writing” excludes an e-mail message. All previous versions of the Terms will be superseded by the most current version of the Terms. Terms should be checked by the user periodically for changes.
If at any instance you disagree with any aspect of the then-current version of the Terms, you must instantly halt your use of the Website and/or Service. The Company reserves the right to terminate these Terms and your access to the Website, Social Media, Service, the Materials and/or the Information at any time, with or without reason at AC’s discretion.
GOVERNING LAW: These Terms are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflicts of law principles, and the laws of the United States of America.
DISPUTES: Any dispute arising under the Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
BINDING ARBITRATION: In the instance of a dispute occurring under or relating to this Agreement, such dispute shall be finally and exclusively resolved by binding arbitration. NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO SUE OR LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH AS EACH PARTY’S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. All disputes shall be resolved before a single arbitrator, chosen by the Company in its sole discretion, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Delaware. The parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The Federal Arbitration Act and federal arbitration law shall apply to this Agreement.
CLASS ACTION WAIVER: Any arbitration or proceeding shall be limited to the dispute between the Parties, and: (i) no arbitration or proceeding shall be joined with any other; (ii) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SEVERABILITY: If any provision of these Terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT: This is the entire agreement between us relating to your use of the Service and access to the Website, and supersedes any prior agreement or accord you have with the Company regarding the Website and the Service.
FCFL welcomes all and any of your questions, concerns or comments in relation to the Terms. Please contact us at the following email: support@Futoncoversforless.com, or at the following address: