Terms Of Use

Elon’s Custom Furniture TERMS OF USE
Last updated October 25 , 2016Terms Of Use Elon’s Custom Furniture TERMS OF USE Last updated October 25 , 2016 IMPORTANT: ALL USERS MUST READ THESE TERMS Acceptance of Terms and Conditions. Please carefully read Elon’s Custom Furniture (Happy Trails Division included. Terms of Use, and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using elonscustomfurniture.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site. BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AND/OR PURCHASE OF ANY PRODUCTS FROM THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE. GENERAL You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Elon’s Custom Furniture, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. Changes to the Terms of Use.Elon’s Custom Furniture reserves the right to make any modification to these Terms of Use, asElon’s Custom Furniture deems necessary or desirable without prior notification to youElon’s Custom Furniture suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. Purchasing items from Elon’s Custom Furniture, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon Elon’s Custom Furniture posting there of. Taxes. At this time,Elon’s Custom Furniture only collects taxes from buyers with shipping and/or payment addresses in Hawaii. Intellectual Property Change in the Site, its Contents, and its Features.Elon’s Custom Furniture reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site .Elon’s Custom Furniture may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that Elon’s Custom Furniture shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further ,Elon’s Custom Furniture may request additional information at any time by you to update or enhance benefits and/or use of the Site. Your Responsibility-. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Elon’s Custom Furniture is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. Copyright and Trademarks. The Site is owned and controlled by Elon’s Custom Furniture and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Elon’s Custom Furniture. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OFElon’s Custom Furniture IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission fromElon’s Custom Furniture unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose.Elon’s Custom Furniture also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation.Elon’s Custom Furniture does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Elon’s Custom Furniture and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Elon’s Custom Furniture, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Elon’s Custom Furniture, unless otherwise stated. Copyright and Trademark Complaints.Elon’s Custom Furniture respects the intellectual property rights of others.Elon’s Custom Furniture is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), andElon’s Custom Furniture requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. WhenElon’s Custom Furniture receives proper Notification of Alleged Copyright Infringement,Elon’s Custom Furniture promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Elon’s Custom Furniture, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ELON’S CUSTOM FURNITURE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL Elon’s Custom Furniture, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELON’S CUSTOMFURNITURE, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. El IS NOT RESPONSIBLE ELONS CUSTOM FURNITURE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ELONS CUSTOM FURNITURE . MOREOVER, ELON’S CUSTOM FURNITURE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT,ELONS CUSTOM FURNITURE , DEEMS UNSUITABLE. Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ELONS CUSTOM FURNITURE BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS ELONS CUSTOM FURNITURE FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS. Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if ELONS CUSTOM FURNITURE is otherwise found to be liable to you in any manner, then Elon’s Custom Furniture aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless Elon’s Custom Furniture, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Termination Either you or Elon’s Custom Furniture may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site.Elon’s Custom Furniture may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from Elon’s Custom Furniture prior to termination and such items are either (a) in production or (b) have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from Elon’s Custom Furniture prior to termination and such items are not in production nor have the items been shipped to you, Elon’s Custom Furniture will not be required to send such items to you nor shall you be required to pay for them. Miscellaneous Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Elon’s Custom Furniture . You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Honolulu, Hawaii and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Hawaii. Indemnity. You agree to indemnify and hold Elon’s Custom Furniture, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party. Electronic Communications. You consent to receive electronic communications from Elon’s Custom Furniture either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions. Please carefully read Elon’s Custom Furniture (Happy Trails Division included. Terms of Use, and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using elonscustomfurniture.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site.

BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AND/OR PURCHASE OF ANY PRODUCTS FROM THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.

GENERAL

You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.

Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Elon’s Custom Furniture, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

 

Changes to the Terms of Use.Elon’s Custom Furniture reserves the right to make any modification to these Terms of Use, asElon’s Custom Furniture deems necessary or desirable without prior notification to youElon’s Custom Furniture suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes.  Purchasing items from Elon’s Custom Furniture, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon  Elon’s Custom Furniture posting there of.

 

Taxes. At this time,Elon’s Custom Furniture only collects taxes from buyers with shipping and/or payment addresses in Hawaii.

Intellectual Property

Change in the Site, its Contents, and its Features.Elon’s Custom Furniture reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site .Elon’s Custom Furniture may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that Elon’s Custom Furniture shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further ,Elon’s Custom Furniture may request additional information at any time by you to update or enhance benefits and/or use of the Site.

Your Responsibility-. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Elon’s Custom Furniture is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

Copyright and Trademarks. The Site is owned and controlled by Elon’s Custom Furniture and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Elon’s Custom Furniture. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OFElon’s Custom Furniture IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission fromElon’s Custom Furniture unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose.Elon’s Custom Furniture also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation.Elon’s Custom Furniture does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Elon’s Custom Furniture and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Elon’s Custom Furniture, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Elon’s Custom Furniture, unless otherwise stated.

Copyright and Trademark Complaints.Elon’s Custom Furniture respects the intellectual property rights of others.Elon’s Custom Furniture is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), andElon’s Custom Furniture requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. WhenElon’s Custom Furniture receives proper Notification of Alleged Copyright Infringement,Elon’s Custom Furniture promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

 

Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Elon’s Custom Furniture, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ELON’S CUSTOM FURNITURE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL Elon’s Custom Furniture, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELON’S CUSTOMFURNITURE, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. El IS NOT RESPONSIBLE ELONS CUSTOM FURNITURE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ELONS CUSTOM FURNITURE . MOREOVER, ELON’S CUSTOM FURNITURE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT,ELONS CUSTOM FURNITURE , DEEMS UNSUITABLE.

Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ELONS CUSTOM FURNITURE BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS ELONS CUSTOM FURNITURE FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS.

Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if ELONS CUSTOM FURNITURE is otherwise found to be liable to you in any manner, then Elon’s Custom Furniture aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless Elon’s Custom Furniture, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Termination

Either you or Elon’s Custom Furniture may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site.Elon’s Custom Furniture may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from Elon’s Custom Furniture prior to termination and such items are either (a) in production or (b) have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from Elon’s Custom Furniture prior to termination and such items are not in production nor have the items been shipped to you, Elon’s Custom Furniture will not be required to send such items to you nor shall you be required to pay for them.

Miscellaneous

Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Hawaii, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Elon’s Custom Furniture . You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Honolulu, Hawaii and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Hawaii.

Indemnity. You agree to indemnify and hold Elon’s Custom Furniture, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Electronic Communications. You consent to receive electronic communications from Elon’s Custom Furniture either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

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