Terms of Use
Disclaimers and Limitations for BuySmartToday.com
Boulevard Home Furnishings
operates this website (BuySmartToday.com) for your personal shopping convenience, education, information and entertainment. You are encouraged to use and enjoy this site, and with your use, you acknowledge agreement to the Terms of Use and Purchasing Agreement set forth below and the disclaimers and terms and conditions stated on this site.
Disclaimer Warranty
This
website and the information provided herein are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, Boulevard Home Furnishings disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Boulevard Home Furnishings does not warrant or make any representations regarding the use, accuracy, validity, or reliability of, or the results of the use of, or otherwise respecting, the materials or products on this website or any websites linked to this website.
Limitation of Liability
Under
no circumstances, including, but not limited to, negligence, shall Boulevard Home Furnishings be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, harm to equipment and/ or personal injury or death, arising out of the use, or the inability to use, the materials on this website, even if Boulevard Home Furnishings authorized representative has been advised of the possibility of such damages. If your use of materials from this website result in the need for servicing, repair or correction of any item you assume any cost thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Errors on Our Website
Prices
and availability are subject to change without notice. Errors will be corrected where discovered, and Boulevard Home Furnishings reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Boulevard Home Furnishings will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While Boulevard Home Furnishings takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
Quantities May Be Limited
Boulevard Home Furnishings may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Boulevard Home Furnishings account, credit card, and also orders that use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
Use Restrictions
The copyright
in all material provided on this website is held by Boulevard Home Furnishings. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Boulevard Home Furnishings. Permission is granted to display, copy or distribute and download the materials on this website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Boulevard Home Furnishings . Upon termination you must immediately destroy any downloaded and printed materials. You also cannot "mirror" any material contained on this website. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, and various other regulations and statutes.
Trademarks
The trademarks,
service marks and logos (the "Trademarks") used and displayed on this website are registered and unregistered Trademarks of Boulevard Home Furnishings and others. Nothing on this website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this website without the written permission of the Trademark owner. Boulevard Home Furnishings enforces its intellectual property rights to the fullest extent of the law. Boulevard Home Furnishings prohibits use of the Boulevard Home Furnishings and / or the BuySmartToday.com logos as "hot" links to the Boulevard Home Furnishings website unless establishment of such a link is approved in advance by Boulevard Home Furnishings in writing.
Transmission
Any
material, information or idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Boulevard Home Furnishings or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Boulevard Home Furnishings will be handled in accordance with the Boulevard Home Furnishings Privacy Policy. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.
Links to Third Party Websites
The BuySmartToday.com website
contains links to other websites. The links are meant to enable access to publicly available information to those who are allowed to the Boulevard Home Furnishings website only. Boulevard Home Furnishings makes no representations whatsoever about any other website which you may access through the Boulevard Home Furnishings website. When you leave the Boulevard Home Furnishings website, please understand that Boulevard Home Furnishings has no control over the content on that website. In addition, a link to a non-Boulevard Home Furnishings website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party website. Boulevard Home Furnishings makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party website are granted or implied.
These
Terms of Use represent the entire agreement between you and Boulevard Home Furnishings regarding your relationship with Boulevard Home Furnishings and supercede any prior statements or representations. By using the BuySmartToday website YOU AGREE TO BE BOUND BY THE TERMS OF USE. If you are dissatisfied with the BuySmartToday website or any of its content, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the BuySmartToday.com website.
Terms of Revision
Boulevard Home Furnishings may at any time revise these Terms of Use by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Purchasing Agreement
Choice of Governing Law
This Agreement shall be interpreted, construed and enforced according to, and governed by, the laws of the State of Utah. Venue shall be properly placed in Washington County, State of Utah.
Binding
This Agreement shall be binding upon both parties, their personal representatives and successors in interest.
Meaning of "You," "Your," and "I"
Customer understands that the words, "you," "your" and "I" are read to mean the customer.
Processing Authorization
By clicking the check-box on the "Purchase Confirmation" confirmation page of this site, you hereby authorize Boulevard Home Furnishings to accept and process credits and debits to your credit card or other payment methods.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Boulevard Home Furnishings reserves the right at any time after receipt of your order to accept or decline your order for any reason. Boulevard Home Furnishings is a reseller to end-users and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products purchased from Boulevard Home Furnishings.
Warranties
You represent and warrant that (a) the credit card is your own card or you have the authorization from the legal owner of said card, (b) you authorize the debits and credits to the credit card, (c) the credited or debited amount is agreed upon by you, and (d) you are eighteen (18) years of age or older and have the capacity to contract.
Security
This purchase shall be secured against the unpaid collateral received from Boulevard Home Furnishings and shall be subject to the FEDERAL TRUTH IN-LENDING DISCLOSURE STATEMENT and Boulevard Home Furnishings Revolving Charge Agreement.
Acknowledgement
You acknowledge receipt of the terms and conditions of this Agreement, as well as the Federal Truth-In-Lending Disclosure Statement for financed purchases. You acknowledge, accept and agree to be bound by all the terms and conditions and have had the opportunity to view the terms and conditions and that the absence of viewing said terms and conditions does not invalidate or create a waiver or breach of this Agreement.
Waiver
Any waiver by any party of any breach of any kind or character whatsoever by any other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver of, or consent to, any subsequent breach of this Agreement on the part of the other party or parties. No course of dealing or performance between the parties, nor any delay in exercising any right or remedies or otherwise, shall operate as a waiver of any of the rights or remedies of any party.
Shipping Liability
Products shipped directly by Boulevard Home Furnishings remain the responsibility of Boulevard Home Furnishings until shipping receipt has been signed by purchasing agent. Products shipped by outside parties, (including UPS, FedEx and, USPS) will be the responsibility of each individual shipping party once the product has been received by them, and will remain their responsibility until delivery to shipping address, according to the policies of each shipping party.
Severable
If any provision herein is held unenforceable, then only that provision shall be held unenforceable and the remaining provisions of the agreement shall be enforced.
Entire Agreement
This Agreement constitutes the entire understanding between the parties and there are no representations, warranties, conditions, or agreements other than those expressly set forth herein. No other agreement, statement, promise, warranty or representation made by any party to this Agreement, or by any officer or agent of any party, that is not in writing and signed by all parties to this Agreement, shall be binding.
I AGREE AND CONSENT TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, THIS IS A LEGALLY BINDING CONTRACT AND BY CLICKING THE CHECK-BOX ON THE CONFIRMATION PAGE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT YOU ARE SIGNING THE ABOVE PURCHASE AGREEMENT AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS PURCHASE AGREEMENT. IT IS RECOMMENDED THAT YOU PRINT THIS DOCUMENT FOR FUTURE REFERENCE.
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