1. WARRANTY DISCLAIMER
THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
BY ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING: I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." HOWEVER, THE FOREGOING PROVISION SHALL NOT APPLY TO NEW JERSEY CONSUMERS.
Within this Site, you may see links or references to other websites. We undertake no obligation to review the websites that may be linked to this Site, do not endorse, and are not responsible for the accessibility of, or the resources available on, any other websites linked to this Site. You are solely responsible for any interactions you may have with such websites.
3. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR OUR RELATED COMPANIES WILL BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. THIS LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
The content on this Site has been compiled from a variety of sources and is subject to change without notice. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. We cannot predict or control when such down time may occur and cannot control the duration of such down time.
5. COPYRIGHT AND TRADEMARK INFORMATION
All textual, graphical, audio-visual and other content appearing on this Site are the property of Brown Jordan ("we," "our," or "us"), companies partially or wholly owned by Brown Jordan, or their respective licensors. The Site and all content on this Site are provided for lawful purposes only. By accessing and using this Site, you agree to abide by U.S. and international copyright law and all other laws applicable to the use of this Site. You are authorized only to view, copy, disseminate, print, and use content on this Site so long as
a. the content is used for internal business purposes or for personal, non-commercial or educational use
b. no textual, graphical, or other content available from this Site is modified in any way, and
c. any copy of the content of this Site (or portion thereof) includes the applicable copyright, trademark or other proprietary rights notice.
All brand, product, service and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Brown Jordan. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ours or any third party, except as expressly granted herein.
6. INFORMATION PROVIDED BY YOU
This Site may offer posting boards, chat rooms and other discussion areas ("Discussion Areas") that are designed to enable you to raise questions, share comments and discuss issues with other users of the Site. We do not guarantee that your comments will be posted or that they will be posted exactly as you submitted them to us. In order to maintain an atmosphere of mutual respect, the following activities are strictly prohibited in Discussion Areas:
a. Conducting or advocating any illegal activity (e.g., illegal or fraudulent schemes);
b. Providing material that violates any law or the rights of any person (including, but not limited to, those related to privacy, confidentiality, publicity, copyright, trademarks, trade secrets, patents, and so on);
c. Providing false or misleading material; d. Engaging in disruptive communications, including persistent posting of off-topic comments;
d. Posting defamatory, libelous, pornographic, obscene or otherwise indecent material; and
e. Providing material that is harassing, threatening, abusive or offensive (including racially, ethnically, and sexually offensive communications).
While we may monitor, remove, or delete transmissions to this Site, we are under no obligation to monitor, remove, or delete any transmissions. We reserve the right to monitor and edit content posted on this site as we see fit, but we assume no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene, or illegal information supplied to this Site; provided, however, that we may take any action with respect to any transmission that we deem in our sole discretion is necessary or appropriate, including the deletion of any such transmission. We reserve the right to notify the proper law enforcement officials if any suspicious activity is detected. Violating these rules may be grounds for immediate removal from Discussion Areas, termination of access to and use of the Site, possible civil or criminal liability, and, if you are an employee, termination of employment.
8. ONLINE ORDER CANCELLATIONS OR CHANGES
All furniture and accessory orders placed online (excluding orders placed through third party vendors for Brown Jordan Rugs, Brown Jordan Outdoor Kitchens, Brown Jordan Structures and Brown Jordan Fire Stands) may be cancelled or changed (fabric, finish, table tops, etc.) within three (3) business days of the day the online order was placed. Please contact us at email@example.com After three business days have passed, cancellation or change is at our sole discretion and you are responsible for the entire cost of the order as originally placed. Changes made to your order within the three (3) business days can only be from the current selection of options for online purchase.
9. YOUR RESPONSIBILITY
By using the Site, you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys' fees, resulting directly or indirectly from your use of the Site or of any content available on or through the Site, unless such claims, damages, losses, liabilities, costs, and expenses arise from and have directly and solely been caused by our gross negligence or intentionally wrongful acts.
10. GOVERNING LAW AND FORUM
11. PASSWORD CONFIDENTIALITY
If you select or are provided with your own username or password to access this Site, you acknowledge that you are solely responsible for any unauthorized use of this Site conducted via your own username and password, and that you have an obligation to notify us immediately if you know or suspect that your username or password has been compromised.
It is the policy of Brown Jordan to apply for trademarks and design and utility patents during product development. These trademarks and patents are rigorously enforced. The following collections are protected by patent:
Barcelona / Marseille
Nxt / Edge
Provence / Soleste
Resinweave chair embodiments (Eastlake)
Resinweave chair frame (Eastlake, West Port, and South Bay)