Terms of Use

WELCOME TO JORDANS.com. This Web site is provided by Jordan's Furniture as a service to our customers. Please review the following basic rules that govern your use of this Web site.

Please note that your use of the Jordans.com Web site constitutes your unconditional agreement to follow and be bound by these Terms of Use. These Terms of Use may be modified without notice. Please review these terms on an ongoing basis.

Use of this Site

In using and navigating your way around Jordans.com, you are accepting these Terms of Use. You certify that you are at least 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use this Web site, but only under the supervision of a parent or legal guardian, who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Web site, including all financial charges and legal liability that he or she may incur.

Jordan's Furniture does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this site for anything other than for browsing. Moreover, parents or legal guardians may not agree to these Terms of Use on their behalf.

If you do not agree to (or cannot comply with) any of these terms and conditions, please do not use this Web site.

All billing and registration information provided must be truthful and accurate, providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of a checkout process, for example, you agree to accept and pay for the merchandise or services requested.

Intellectual Property

All materials and contents, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written or other materials that are part of this Web site are intended solely for personal, non-commercial use. You may download or copy the contents and other materials displayed on the site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way-in whole or in part-any of the contents or related software of this Web site.

All software and contents used on this Web site are the property of Jordans.com or its suppliers. U.S. copyright laws protect this property. The contents and software on this Web site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents on this site is strictly prohibited.

Third-Party Sites

References made on Jordans.com to any names, marks, products, or services of third parties or third-party information—or hypertext links to such third-party content—are provided solely as a convenience to you. They do not in any way constitute or imply the endorsement, sponsorship, or recommendation of the third party, its information, products, or services by Jordan’s Furniture.

Jordan’s Furniture is not responsible for the practices or policies of such third parties, nor the content of any third party sites. We do not make any representations regarding third-party products or services, or the content or accuracy of any material on such third-party Web sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Site Security

You are prohibited from violating or attempting to violate the security of this Web site. This includes, without limitation, (a) accessing data not intended for such user or logging onto a server or an account to which the user has not been provided authorized access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Web site, overloading, “flooding,” “mail bombing,” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Jordan's Furniturewill investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

In using Jordans.com, you agree not to use any device, software, logic, or routine to interfere with-or attempt to interfere with-the proper working of this Web site or any activity being conducted in relation to the site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation to browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this site in ways other than those search engine and search agents made available by Jordan's Furnitureon this Web site or via other generally available third-party Web browsers (e.g., Mozilla Firefox, Safari, Internet Explorer, Chrome, etc.).

Pricing and Content Information

While Jordans.com strives to provide accurate pricing information, pricing or typographical errors may occur. Jordans.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Jordans.com shall have the right, at the sole discretion of Jordan’s Furniture, to refuse or cancel any orders placed for that item.

In the event that an item is mispriced, Jordan’s Furniture may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We do our best to provide you with great values on our Web site as well as in our stores. Sometimes, however, the price of an item online differs from the price of a comparable item in-store. Indeed, store pricing will occasionally differ from online prices. Our stores do not honor Internet pricing.

In addition to the pricing terms outlined above, please note the following site content information:

  • Merchandise Content—Jordan's Furniture attempts to be accurate in its online product descriptions. However, Jordan's Furnituredoes not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
  • Objectionable Content—You understand that by using this site or any services provided on the site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable. By using this Web site, you agree to use it at your own risk. Jordan's Furniture and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
  • Sleep/Health Content—All content, including, but not limited to, allergies, pain, sleep-related illness or conditions in the Sleep Lab section or any other portion of this site, is strictly for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment, and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects, and interactions, and should not be construed to indicate that any particular remedy is safe for you.
    Consult a medical professional for additional guidance or prescription. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by your health care provider.
  • Quantity Limits and Dealer Sales—Jordan's Furniture reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household, or per order via Jordans.com. These restrictions may be applicable to orders placed by the same account, the same credit card, and/or to orders using the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
    Jordan's Furniture also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Jordans.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Export Policy

In using this Web site, you acknowledge that the purchased goods licensed or sold on this Web site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.

By purchasing, downloading or using technology or software from this Web site, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Copyrights and Trademarks

Unless otherwise noted, all content, copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by Jordan’s Furniture, one of its affiliates or by third parties who have licensed their materials to Jordan's Furnitureand are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this site is the exclusive property of Jordan's Furnitureand is also protected by U.S. and international copyright laws.

Jordan’s Furniture and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Web site. Access to this site does not confer and shall not be considered as conferring upon anyone any license under any of Jordan’s Furniture’s intellectual property rights (or those of third party).

Jordan’s Furniture’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Jordan’s Furniture. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Web site. Access to this site does not authorize anyone to use any name, logo, or mark in any manner.

User Reviews, Feedback, and Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Jordan’s Furniture on or through Jordans.com, by e-mail or telephone, or otherwise disclosed, submitted, or offered in connection with your use of this Web site, you grant Jordan’s Furniture a royalty-free, irrevocable, transferable right and license to use such comments however Jordan’s Furniture desires, including without limitation, copying, modifying, deleting, adapting, publishing, translating, or deriving creative works from and/or selling or distributing such comments and/or incorporating them into any form, medium, or technology throughout the world.

Jordan’s Furniture will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any comments you submit online, by phone or via e-mail for any purpose whatsoever, without restriction and without compensating you in any way. Jordan’s Furniture is and shall be under no obligation to (1) maintain any comments in confidence; (2) pay users any compensation for any of their comments; or (3) respond to any user’s comments.

By using this Web site, you agree that any comments submitted by you to the site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no comments submitted by you to Jordans.com will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, nor will such contents contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”

Jordans.com does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Site. By using this Web site, you grant Jordan’s Furniture the right to use the name that you submit in connection with any comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make, and you agree to indemnify Jordans.com, Jordan’s Furniture, and its affiliates for all claims resulting from any comments you submit. Jordan’s Furniture and all of its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

Use of Widgets Available on Our Site

As part of our Web site, there may be links available to you for use and display on your Web site or personal page. In the case of such revocable, non-exclusive, worldwide, royalty-free licenses, the “widgets” to which they apply will be granted for the duration of the term of these Terms of Use, solely for purposes of facilitating referrals from your site or personal page to the Jordans.com site. Without limiting other remedies, we may limit, suspend, or terminate this license and/or your right to access or display widgets at any time for any reason, including but not limited to your display of widgets on a site or in a manner that we deem unacceptable for any reason.

Except for the license granted herein, you do not obtain any rights under these Terms of Use in any intellectual property, including, without limitation, any intellectual property with respect to the widgets, link formats, technical specifications, guidelines or graphical artwork, or with respect to the Jordans.com domain name. For avoidance of doubt, the foregoing license does not grant you any right to use any Jordans.com trademarks, service marks, trade names, domain names, trade dress, or other proprietary logo or indicia except as such trademarks may be included by us within the default configuration of a widget.

In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other Information obtained by you from us only in a lawful manner and only in accordance with the terms of these Terms of Use; (b) not modify or alter widgets; (c) not sell, redistribute, sublicense, or transfer any widget content; and (d) not use or display widgets or any widget content in a manner intended to send sales to any site other than the Jordans.com site. You will not display Widgets on any sites or pages that:

  1. Promote sexually explicit material;
  2. Promote violence or hate toward any persons or groups;
  3. Promote illegal activities;
  4. Promote alcohol, tobacco, or gambling/lottery in any way;
  5. Promote the use of pyramid, “ponzi”, or similar investment schemes;
  6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  7. Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
  8. Contain blogging of any form;
  9. Include “Jordan’s Furniture”, “IMAX,” “MOM,” or “Laser Imagination Theater Experience” or variations or misspellings thereof in their domain names;
  10. Otherwise violate intellectual property rights of Jordan’s Furniture, Jordans.com, or any of the company’s suppliers; or
  11. Disparage Jordans.com, Jordan’s Furniture, or any of the company’s suppliers.

Colors

We have made significant efforts to accurately display the colors of our products that appear on this Web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Indemnification

You agree to defend, indemnify, and hold harmless Jordan’s Furniture, Jordans.com, and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this Web site or any breach by you of these Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or Jordan’s Furniture. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Web site. Jordan’s Furniture may also terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Jordan’s Furniture’s sole discretion you fail to comply with any term or provision of these Terms of Use.

Upon any termination of these Terms of Use by either you or Jordan’s Furniture, you must promptly destroy all materials downloaded or otherwise obtained from this Web site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

Disclaimer

This site is provided by Jordan’s Furniture on an “as is” and “as available” basis. Jordan’s Furniture makes no representations or warranties of any kind-express or implied-as to the operation of the Web site or the information, content, materials, or products included on this site.

To the full extent permissible by applicable law, Jordan’s Furniture disclaims all warranties—express or implied—including but not limited to implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Jordan’s Furniture and Jordans.com disclaims any and all warranties—express or implied—for any merchandise offered on this site. You acknowledge, by use of Jordans.com Web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these Terms of Use. Some states do not allow limitations on how long an implied warranty lasts. So, the foregoing limitations may not apply to you.

  • Merchandise Content Disclaimer—Product information accessed through this Web site is obtained from claims made by the product’s manufacturer. Please note that, on occasion manufacturers may alter their labels so that actual product packaging materials may contain different information that that shown on our Web site. Thus, we cannot guarantee or ensure the accuracy, completeness, or timeliness of any product information.
    We recommend that you do not solely rely on the information presented, and that you always read labels, warnings and directions before using a product.
    For additional information about a product, please contact the manufacturer. Jordan’s Furniture assumes no liability for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by Jordan’s Furniture or Jordans.com.
  • Sleep Lab Content Disclaimer—Any sleep health content on this site is provided by product suppliers, and not by Jordan’s Furniture or its affiliates. Jordan’s Furniture does not sponsor, recommend, or endorse any particular third party, product, service, or information provided on this Web site. All such content is for educational purposes only. It is not intended, and should not be used, as a substitute for the diagnosis, treatment, and advice of a medical professional. It does not cover all possible uses, precautions, side effects, and/or interactions. It may not contain all information that is applicable to your personal circumstances and should not be construed to indicate otherwise. Always consult your own medical professional regarding any medical condition.
    The information and services provided in any sleep health-related area of this Web site are provided on an “as-is,” “as-available” basis without warranty of any kind--expressed or implied. You acknowledge by use of this site that Jordan’s Furniture and its affiliates and agents assume no responsibility for any consequence, damage or loss relating directly or indirectly to any action or inaction you take based on the information, services, or other material on this Web site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout Jordans.com.

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall Jordan’s Furniture or any of its affiliates, employees, directors, officers, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Jordans.com Web site. This includes, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Jordan’s Furniture has been advised or should have known of the possibility of such damages.

In no event will Jordan’s Furniture be liable for any damages in excess of the fees paid by you in connection with your use of this Web site during the six-month period preceding the date on which the claim arose.

General Agreement

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Jordan’s Furniture and Jordans.com to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of Jordan’s Furniture with respect to such breach or any subsequent breaches.

DMCA Notice

It is the policy of Jordans.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to a designated agent of Jordan’s Furniture. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Web site, please notify us by contacting our designated agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Jordan’s Furniture’s designated agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to the designated agent of Jordan’s Furniture and Jordans.com. The communication must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jordan's Furnitureto locate the material;
  4. Information reasonably sufficient to permit Jordan's Furnitureto contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement, the designated agent of Jordan's Furnitureand Jordans.com can be reached as follows:

Jordan's Furniture
ATTENTION: Web Site Agent
450 Revolutionary Drive
East Taunton, MA  02718

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Web site. Upon receipt of a valid notification of alleged copyright infringement by a third party, Jordans.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Jordan’s Furniture, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the designated agent at the address listed above. To be effective, a counter notification must be a written communication provided to the designated agent for Jordan’s Furniture that includes the following:

  1. A physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If Jordan’s Furniture receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Jordan’s Furniture has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Jordans.com.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Jordan’s Furniture, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

© 2010 Jordan’s Furniture, All Rights Reserved

Changes to the Jordans.com Terms of Use
The Terms of Use was last updated Jan. 1, 2010. Please check our Terms of Use periodically for changes.