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PRIVACY STATEMENT AND TERMS AND CONDITIONS 1. COLLECTION OF PERSONAL INFORMATION FROM SITE VISITORS Personal data collected by HENDRIXSON’S FURNITURE may be used by HENDRIXSON’S FURNITURE for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users' behavior, for product development, for content improvement, for fulfillment of a requested transaction or recordkeeping, or to customize the content and layout of the Site. Individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to HENDRIXSON’S FURNITURE may be added to HENDRIXSON’S FURNITURE's databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events. HENDRIXSON’S FURNITURE also may use Site visitor data to contact the Site visitors regarding account status and changes to the submissions agreement, privacy statement, and any other policies or agreements relevant to Site visitors. 3. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES This Site may contain links to other World Wide Web sites or advertisements for or placed by third parties. HENDRIXSON’S FURNITURE is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors' obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties. 4. SECURITY MEASURES 5. OPT-OUT RIGHT 6. ACCESS TO AND ABILITY TO CORRECT PERSONAL DATA 7. COLLECTION OF PERSONAL DATA FROM CHILDREN Upon request from a parent or guardian of a child who has provided such personally identifiable information to the Site, HENDRIXSON’S FURNITURE will (i) provide to the parent or guardian a description of the specific types of information collected from the child, (ii) provide to the parent or guardian a means and stated procedures to review such information and to halt future disclosure, use, and maintenance of such information (e.g., the parent or guardian has the option to consent to the collection and use of their child's personally identifiable information without consenting to the disclosure of that information to third parties), as applicable, (iii) cease collection in the future of such information from the child, or (iv) provide any combination of the foregoing. HENDRIXSON’S FURNITURE is prohibited from conditioning a child's participation in an activity on the child's disclosing more personally identifiable information than is reasonably necessary to participate in such activity. 8. HENDRIXSON’S FURNITURE’S RIGHT TO CONTACT USER 9. RIGHT TO CHANGE PRIVACY STATEMENT AND TERMS AND CONDITIONS 10. PROPRIETARY RIGHTS Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of HENDRIXSON’S FURNITURE, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of HENDRIXSON’S FURNITURE, without HENDRIXSON’S FURNITURE's advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to HENDRIXSON’S FURNITURE or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. 11. COMMUNICATIONS WITH AND SUBMISSIONS TO THE SITE / USE OF SUBMISSIONS (b) By transmitting any Submission(s) to HENDRIXSON’S FURNITURE, you hereby represent and warrant to HENDRIXSON’S FURNITURE that: (i) you are of legal age to enter into contracts (i.e., you are eighteen (18) or older); (ii) you have all rights, approvals and/or consents necessary to submit the Submission(s) on the terms provided herein; (iii) no permission is required from any other individual or company for HENDRIXSON’S FURNITURE to use the Submission(s); (iv) the materials contained in the Submission(s), including, without limitation, the script or screenplay, characters, ideas, compositions, recordings, lyrics, drawings, depictions, photographs and other materials, are original, were created only by you, do not contain any "samples" or excerpts from the material of others, and do not otherwise infringe on the intellectual property rights of any other individuals or companies; (v) the Submission(s) does not and will not violate any laws or be defamatory, libelous, pornographic or obscene; (vi) you are not bound by any contract that would prohibit you from agreeing to these Terms and Conditions; (vii) you will not hold HENDRIXSON’S FURNITURE liable for copyright or trademark infringement based, in whole or in part, upon HENDRIXSON’S FURNITURE's access to and use of the Submission(s); and (vi) the Submission(s) will not contain any "viruses" or other information that may damage or otherwise interfere with HENDRIXSON’S FURNITURE's computer systems or data, or the computer systems or data of users of HENDRIXSON’S FURNITURE's website. You shall be fully responsible for any breach of the representations and warranties made to HENDRIXSON’S FURNITURE under this paragraph, and you shall indemnify HENDRIXSON’S FURNITURE and hold HENDRIXSON’S FURNITURE harmless from and against any and all claims, liabilities, actions, losses, damages and costs, including reasonable attorneys' fees, arising from any such breach. (c) HENDRIXSON’S FURNITURE shall have the right to review your Submission(s) and, in its sole discretion, decline to post and/or remove any Submission(s) for any reason or for no reason at all, at any time, and without notice. (d) You may request that HENDRIXSON’S FURNITURE delete your Submission(s) from the Site by emailing HENDRIXSON’S FURNITURE at info@HendrixsonsFurniture.com with your request. Upon receipt of your emailed request, HENDRIXSON’S FURNITURE will promptly delete your Submission(s) from our system and Site; however, HENDRIXSON’S FURNITURE disclaims any and all responsibility for any copies of your Submission(s) that may have been made by a user of our Site before your Submission(s) was removed. 12. DISCLAIMER OF WARRANTY AND LIABILITY HENDRIXSON’S FURNITURE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU. HENDRIXSON’S FURNITURE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF HENDRIXSON’S FURNITURE TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE. 13. INDEMNIFICATION 14. LINKS TO OTHER WEB SITES 15. USE OF THE INTERNET 16. GOVERNING LAW AND JURISDICTION 17. MISCELLANY
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