Terms & Conditions
Terms and Conditions
Agreement between User and https://www.najarianfurniture.com
Welcome to https://www.najarianfurniture.com. The https://www.najarianfurniture.com website (the "Site") is comprised of various web pages operated by Najarian Furniture Co., Inc. ("Najarian Furniture"). https://www.najarianfurniture.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.najarianfurniture.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.najarianfurniture.com is a Wholesale Furniture Distribution Site.
Visiting https://www.najarianfurniture.com or sending emails to Najarian Furniture constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Najarian Furniture does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.najarianfurniture.com only with permission of a parent or guardian.
Registration, User Account, Password, and Security
Certain sections or features of the Site may require you to register. If you register, you agree to provide us with accurate, complete registration information and it is your responsibility to promptly inform us of any changes to that information. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You are responsible for taking all reasonable steps and precautions to ensure that no unauthorized person will have access to your account or password (if any). If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by e-mailing us firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Links to Third Party Sites/Third Party Services
https://www.najarianfurniture.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Najarian Furniture and Najarian Furniture is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Najarian Furniture is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Najarian Furniture of the site or any association with its operators.
Certain services made available via https://www.najarianfurniture.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.najarianfurniture.com domain, you hereby acknowledge and consent that Najarian Furniture may share such information and data with any third party with whom Najarian Furniture has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.najarianfurniture.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Najarian Furniture or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Najarian Furniture content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Najarian Furniture and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Najarian Furniture or our licensors except as expressly authorized by these Terms.
Code Of Conduct
You may not engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Najarian Furniture Company website in any medium, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots”, “spiders”, or “offline readers”, to access the Najarian Furniture Company website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (3) transmitting spam, chain letters, or other unsolicited e-mail; (4) using any “bot”, spider, site search/retrieval tool or utility, or any other manual or automated technique, to collect, extract, index, mine, or otherwise seek to obtain any data or information from Najarian Furniture Company or any user of the Site, or in any manner compromise, degrade or circumvent the navigational structure or the presentation of the Najarian Furniture Company website, or the display or performance of the Content of the Site; (5) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (6) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (7) uploading invalid data, viruses, worms, or other software agents through the Site; (8) collecting or harvesting any personally identifiable information from the Site (9) using the Sites for any commercial solicitation purposes; (10) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (11) interfering with the proper working of the Site; or, (12) bypassing the measures we may use to prevent or restrict access to the Najarian Furniture Company website.
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Najarian Furniture Company website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You further understand and agree that Najarian Furniture Company has the right, but not the obligation, to remove in whole or in part any Content related to the Site, including without limitation all data and Content residing on our servers, at any time for any or no reason, with or without notice and with no liability to us of any kind.
The Service is controlled, operated and administered by Najarian Furniture from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Najarian Furniture Content accessed through https://www.najarianfurniture.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Najarian Furniture, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Najarian Furniture reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Najarian Furniture in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Najarian Furniture agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAJARIAN FURNITURE CO., INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NAJARIAN FURNITURE CO., INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NAJARIAN FURNITURE CO., INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NAJARIAN FURNITURE CO., INC. DOES NOT GUARANTEE, REPRESENT OR WARRANT THATNAJARIANFURNITURE.COM OR ANY OF THE WEBSITE MATERIALS WILL BE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR MISAPPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR THE IMPLEMENTATION OF SUFFICIENT PROCEDURES, FIREWALLS AND CHECKPOINTS WHICH SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY, AND DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO NAJARIAN FURNITURE COMPANY OR THIS SERVER, FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS FROM NAJARIAN FURNITURE COMPANY OR THIS SERVER.
Najarian Furniture reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Najarian Furniture as a result of this agreement or use of the Site. Najarian Furniture's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Najarian Furniture's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Najarian Furniture with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Najarian Furniture with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Najarian Furniture with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Purchases; Other Terms And Conditions
The receipt of an order number or an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Najarian Furniture Company reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Errors will be corrected when discovered, and Najarian Furniture Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Notice To California Residents
California Civil Code Section 1789.3 Compliance
Changes to Terms
Najarian Furniture reserves the right, in its sole discretion, to change the Terms under which https://www.najarianfurniture.com is offered. The most current version of the Terms will supersede all previous versions. Najarian Furniture encourages you to periodically review the Terms to stay informed of our updates.
Najarian Furniture welcomes your questions or comments regarding the Terms:
NAJARIAN FURNITURE CO., INC.
265 North Euclid ave
Pasadena, California 91101
Effective as of September 29, 2021