LEGAL CONDITIONS
Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE
FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.
Your use of this Site is governed by the following terms of use ("Terms").
If you do not agree with all of these Terms, please exit this Site now. By using
this Site, you agree to comply with, and be to bound by, these Terms. Rare Earth
Furnishings may, from time to time, change these Terms in its sole discretion.
By using this Site after any such change, you agree to comply with, and be bound
by, the Terms as changed.
Copyright, Trademark and Other Intellectual Property Protection
This Site as a whole, and all material on this Site, is protected by copyright
and other intellectual property rights. See separate copyright and trademark
notice for further information.
Submissions
You agree that any and all comments, messages, postings, data, suggestions,
creative ideas, designs, concepts, product suggestions and other items or materials
disclosed, submitted or offered to Rare Earth Furnishings through or in connection
with this Site ("Submissions"), including, but not limited to, survey
responses, shall be treated as non-confidential and not proprietary and shall
become, and remain, Rare Earth Furnishings's property. Such disclosure, submission
or offer of any Submission shall constitute an assignment to Rare Earth Furnishings
of all rights, title and interests in all copyrights and other rights in the
Submission. Rare Earth Furnishings is, and shall be, under no obligation (i)
to maintain any Submission in confidence; (ii) to pay to anyone any compensation
for or in connection with the use of any Submission; or (iii) to respond to
any Submission. You represent and warrant that no Submission by you will violate
any right of any third party, including, but not limited to, copyright, trademark,
patent, trade secret, privacy or other personal or proprietary right. By making
any Submission through, in connection with or related to this Site, you agree
that Rare Earth Furnishings has the right (but not the obligation) to copy,
publish, distribute or use such Submission, or any part or parts thereof, for
any purpose, including, but not limited to, advertising, promotional, product
development or other commercial purposes, without compensation to you or to
any other person. Rare Earth Furnishings does not, cannot and does not agree
to consider or review every Submission, and is not liable or responsible for
the content of any material posted on this Site by users. You agree not to upload,
post, distribute or otherwise publish on this Site any material that (i) is
libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion
of privacy; (ii) infringes the intellectual property rights, including, but
not limited to, any copyright, patent, trade secret or trademarks, of any person
or entity; (iii) is illegal in any way or advocates illegal activity; or (iv)
advertises or solicits funds, goods or services. You are and shall remain solely
responsible for the content of any Submission you make.
Links
This Site may contain links to other sites. Rare Earth Furnishings is not responsible
for the availability of, or any content or material contained in, or obtained
through, any such sites. Any link to another site, and reference to third-party
information, products or services linked to this Site, is not, and should not
be construed as, an express or implied endorsement by Rare Earth Furnishings.
Any questions or comments relating to such other sites should be addressed to
the operator or operators of those sites.
Products
The Rare Earth Furnishings products depicted in this Site are representative
of the Rare Earth Furnishings collection. Not all Rare Earth Furnishings products
are shown in this Site. Not all Rare Earth Furnishings products that are shown
in this Site are, or will be, available at all Rare Earth Furnishings stores.
The style, designs and colors of the Rare Earth Furnishings products shown in
this Site may be changed without notice.
Disclaimer
Material in this Site may contain inaccuracies or typographical errors. Rare
Earth Furnishings shall not be liable or responsible for any loss or damage
caused by or arising from any user's reliance on information obtained from or
through this Site. It is your responsibility to evaluate the information and
other content available through this Site. This Site and the information and
materials contained in this Site are subject to change at any time, and from
time to time, without prior or subsequent notice.
No Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. RARE EARTH FURNISHINGS MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS
OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. RARE EARTH FURNISHINGS DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE,
COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS
WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE,
LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF
ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND
THAT RARE EARTH FURNISHINGS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES
OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS
SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL RARE EARTH FURNISHINGS BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES WHATSOEVER, EVEN IF RARE EARTH FURNISHINGS HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT
OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Rare Earth Furnishings, its
affiliates and their officers, directors, employees from and against any and
all claims, damages, losses, costs and expenses, including, but not limited
to, reasonable attorneys' fees and court costs, arising from or related to your
use of this Site.
Miscellaneous
These Terms and your use of this Site shall be governed under the laws of the
State of New York, without regard to its conflict of law principles. Any dispute
arising under these Terms or out of your use of this Site shall be resolved
exclusively by the state and federal courts of the State of New York, County
of New York and/or the Southern District of New York. By using this Site, you
hereby agree to the personal jurisdiction of, and venue in, such courts.
PRIVACY POLICY
ONLINE PRIVACY POLICY
Rare Earth Furnishings recognizes the importance of protecting the privacy of our client's personal
and financial information. Rare Earth Furnishings believes that protecting your valuable personal
and financial information is one of our most significant responsibilities. Therefore,
Rare Earth Furnishings has instituted strict policies regarding your privacy. Rare Earth Furnishings does not
sell or rent our client's names, addresses, email addresses or other personal
information. When you register with Rare Earth Furnishings you give us your consent to treat
your personal data in accordance with this online privacy policy and for the
purposes described below.
What Rare Earth Furnishings Collects
How Rare Earth Furnishings Uses Information You Provide
If you give us your name and email address, we may contact you with special
information about Rare Earth Furnishings and our products. We communicate with you by email only
if we have your permission. Otherwise, we use your information only to improve
our services to our clients.
Does Rare Earth Furnishings Share Your Information With Other Entities?
Rare Earth Furnishings does not sell or rent our client's names, addresses, email addresses or
other personal information. In order to maintain our website and enhance our
client communications, Rare Earth Furnishings contracts with selected third parties. As necessary,
your personal information may be shared with these third parties, solely for
the purpose of assisting Rare Earth Furnishings in these endeavors and subject to strict contractual
confidentiality obligations. We do not otherwise disclose your information to
third parties, unless required by law or in connection with a legal claim or
proceeding. If Rare Earth Furnishings is acquired by another entity, information about Rare Earth Furnishings
clients may be part of the transfer.
Security
Rare Earth Furnishings uses appropriate security measures to protect the information you give
us. While we take stringent measures to protect our websites and all information,
you should be aware that no Internet data transmission can be guaranteed to
be secure from access by unintended recipients.
About Cookies
Rare Earth Furnishings may use cookies to improve the usefulness of our websites for our clients
and to help us to enhance our services. Cookies are tiny bits of data that are
stored on your hard drive when you visit a website. You can set your computer
not to accept cookies.
Acceptance of Privacy Policy, Modifications
By accessing and using the Rare Earth Furnishings website, you consent to our collection, use
and disclosure of your information as disclosed in this privacy policy. Rare Earth Furnishings
may occasionally make changes to our privacy policy or practices. You should
therefore review this page from time to time to get updated information. We
will notify you of any changes in our privacy policy by posting the modifications
on our website or otherwise informing you before we use your personal information
in any way not previously disclosed in our privacy policy.
If you are registered on the Rare Earth Furnishings online database and would like to be removed,
please click on this unsubscribe link.
COPYRIGHT
COPYRIGHT AND TRADEMARK INFORMATION
Copyright © 2003 Rare Earth Furnishings inc.
All rights reserved.
All materials on this Web Site (the "Site"), and the Site itself,
are protected by copyrights, trademarks and/or other intellectual property rights.
These materials are owned by Rare Earth Furnishings or its subsidiaries or affiliates,
or used with permission of their owners. Such materials include, but are not
limited to, the photographs, images, illustrations, text, video clips, audio
clips, designs, logos, trademarks, trade dress and other materials contained
in this Site, as well as the software used in the design and development of
this Site. All rights are reserved, worldwide.
The name and mark Rare Earth Furnishings®,the RE logo with backward R ,and
all other Rare Earth Furnishings-related marks depicted in this Site, whether
registered or unregistered, are trademarks or service marks of Rare Earth Furnishings
America, Inc. in the United States and of Rare Earth Furnishings Rare Earth
Furnishings in other countries.
The materials contained in this Site are displayed for informational and promotional
purposes only. This Site is solely for private, personal, and noncommercial
use. You may download or copy materials in this Site solely for your personal
non-commercial use. You do not obtain any right, title or interest in any material
or software as a result of any such downloading or copying. You may not reproduce
(except for your personal non-commercial use), publish, transmit, distribute,
display, remove, delete, add to, otherwise modify, create derivative works from,
sell or participate in any sale of, this Site, any of the materials in this
Site, or any related software. Any other use of materials on this Site, including
reproduction for purposes other than your personal non-commercial use, modification,
distribution or republication, without the prior express written permission
of Rare Earth Furnishings, is strictly prohibited.