PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FURLA.COM WEB SITE (the "Site" OR “FURLA”). FURLA OFFERS THIS SITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE, TO YOU, CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS, CONDITIONS, POLICIES AND NOTICES STATED HEREIN. YOU’RE CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE TO THESE TERMS OF USE.
Rights
The content of this web site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to FURLA are protected by copyright. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other web sites is prohibited.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on this web site, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from this web site without the express prior written permission of FURLA. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from this web site.
Content
Content on this site is FURLA’S proprietary information or the proprietary information of the party that provided the information to us. FURLA or such other parties retain all rights, title, and interest in that material and content. You may not copy, distribute, republish, upload, post, or transmit this content without getting our approval in writing first. If you modify or use the site in ways that FURLA has not approved in writing, you violate our intellectual property rights.
Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, customer reviews, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
Forums
FURLA may offer features through the FURLA site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Submission Section above apply to the Forums.
Additionally, without FURLA’S express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other FURLA site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization
When you submit or make available any information or materials through the Forums or otherwise through any FURLA site ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by FURLA without restriction. You grant to FURLA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the FURLA site complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the FURLA site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the FURLA site are those of such third parties and not of FURLA, and FURLA does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the FURLA site at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that FURLA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the FURLA site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE FURLA site, YOU DO SO AT YOUR OWN RISK.
Sweepstakes, and Contests, and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through the FURLA site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms of use set forth herein. FURLA urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
Electronic Newsletters
You may be able to sign up on this site to receive electronic newsletters and promotional emails from Furla, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, country location and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Stores located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails or by clicking here or writing to us at Furla (U.S.A.), Inc. Attention Customer Service, 389 Fifth Avenue, New York, NY 10016. You also may use the email preferences section of the "my account" feature to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.
Blogs
You may be able to submit comments to blogs we host on this website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.
Intellectual Property
All trademarks, service marks, and logos, text, copyrightable subject matter, images, graphics, designs and products appearing on this site belong to FURLA (U.S.A.), Inc. or in some cases to the party that authorized such use by FURLA.
Transactions
We reserve the right at any time after our receipt of your transmitted order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
Additionally, every order you place through this Site will be deemed your offer to purchase our products. FURLA may accept your offer either through an e-mail confirmation or through shipment of the items you requested. Our acceptance of each offer as specified is expressly subject to and conditioned on your acceptance of these (and only these) Terms and Conditions.
All prices on this site are subject to change without notice. Prices stated at the time the order is placed apply. For information about our shipping and handling see our Shipping Policy on the Site. FURLA arranges for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FURLA.COM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Furla.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice. FURLA shall not be in default if this site is rendered unusable by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control.
You understand that FURLA cannot and does not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. FURLA does not assume any responsibility for your use of the Internet.
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. FURLA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FURLA DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. FURLA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. FURLA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR IT’S CONTENT. FURLA MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. FURLA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site is current only as of the date it is posted.
Hyperlinks
FURLA may have hyper-links on this site to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and FURLA makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to this site. A link to the site does not imply our endorsement or approval of its content or source.
SECURITY
FURLA protects your online order and registration information by using Secure Sockets Layer (SSL) technology. When you register, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password to access account information. In order to protect your personal information further, you should be careful about providing your password to others.
Product Information
Most products displayed on the Site are available in FURLA Company owned full-price retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. Products vary by store. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.
Limitation on Liability
IN NO EVENT SHALL FURLA.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF FURLA.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE.
These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
EACH OF THESE LIMITED WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND FURLA HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURLA WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.
Applicable Law
These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the state and federal courts in New York City (Manhattan), New York. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. FURLA may revise these Terms of Use at any time.
