KINDEL FURNITURE COMPANY
WEBSITE TERMS OF USE

  1. Contact Information
    Kindel Furniture Company
    4047 Eastern Avenue SE
    Grand Rapids, MI 49508
    616.243.3676
    616.243.6248 (fax)
    877.KINDEL.1
    kindel@kindelfurniture.com

    Director of Marketing
    Ms. Amy Wolbert
    awolbert@kindelfurniture.com

    You can also contact Kindel Furniture Company (“Kindel”) regarding this Website (“www.kindlefurniture.com”) by using the “Contact Us” link on the home page of this Website.
     
  2. Use of Website
    Kindel maintains this Website on the World Wide Web. Kindel may from time to time also host other websites (“Customer” or “Supplier” websites). You are the “User,” or plural “Users,” and those terms refer to any party who accesses this Website for viewing or otherwise obtaining information located on this Website. This Terms of Use, and any subsequent amendments, constitutes an agreement between the User and Kindel. Kindel provides this Website and any Customer and Supplier websites as a service to the User, dealers, suppliers, retailers, and customers. Please carefully read this Terms of Use and the disclaimers contained within, before using this Website. By accessing this Website via the World Wide Web, or any other medium, User accepts and agrees to all the conditions imposed by this Terms of Use.
     
  3. Modification of Website
    Kindel reserves the right to modify this Terms of Use at any time and without notice to User, including the right to charge a fee to access certain materials contained on this Website. Changes to this Terms of Use become effective immediately upon User’s access of this Website, or receipt of notice from Kindel via e-mail, posting on this Website, or any other means. Users should periodically check this Terms of Use for any modifications. If User accesses this Website after Kindel makes any modifications, User’s access shall constitute acceptance of those modifications. Kindel reserves the right to monitor use of this Website.
     
  4. Right to Control Use of Website
    Kindel has complete and absolute discretion over, and the exclusive right to control, access to the Website, including the hours of use, the features and accessibility options on the Website, and any information in any form located on the Website. Kindel retains the right to restrict access to any or all of the this Website, and to remove any information or content from the Website at any time. Kindel also retains the right, in its sole and absolute discretion, to terminate this Website at any time, and without prior notice to the User.
     
  5. User Responsibilities
    User has sole responsibility for providing the equipment needed or required to access the Website, including without limitation, a computer, remote communications equipment, a telephone, or other equipment.
     
  6. Copyright, Trademark, and Other Intellectual Property Rights
    Kindel and any third-party providing content for Kindel’s use on the Website retain all world-wide rights and title to, and interest in, intellectual property appearing on this Website including, without limitation, copyrights, trademarks, inventions, ideas, trade secrets, the “look and feel” of the site, its color combinations, layout and all other graphical elements. User should assume that everything read or seen on the Website is copyrighted or otherwise protected and owned by Kindel, or a third-party who licensed the right to use such content to Kindel. Unless otherwise expressly stated in this Terms of Use, nothing that User reads or sees on the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Kindel. However, User may reproduce content of this Website (such as printing or downloading) solely for User’s personal, non-commercial, educational, and informational use (“Authorized Uses”), and only if User keeps the reproduced content intact and properly attributes and displays the copyright notice. In printing or downloading any portion of the Website, User may not delete or change any of the information or content including, without limitation, copyright and trademark notices. User has no other permission from Kindel to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the Website content. The provision for Authorized Uses is not a transfer of title. User may not: (1) alter the Website content in any way; (2) use the Website content for any public display (commercial or non-commercial), or for any commercial purpose, other than for Authorized Uses; (3) remove any copyright, trademark, or other proprietary notations from the content; (4) transfer the Website content to another User, person, entity, or other business organization, including the use of a “frame” or “in-line link” to the Website content, use of a “deep link” to the Website content, or “mirroring” the Website content on any other server; (5) without prior written permission from Kindel, copy or modify, redistribute, republish, upload, adapt, or reuse any of the text, graphics, or other site content, or any of the source code or HTML code used by Kindel to generate its Website; or (6) engage in any other conduct that violates any federal law governing intellectual property rights. The permission granted for Authorized Uses automatically terminates without notice if User breaches any part of this Terms of Use, or any applicable law. Upon termination, User agrees to and must immediately destroy any downloaded and/or printed Website content.
     
  7. Prohibited Conduct
    User expressly agrees to refrain from doing, either personally or through an agent, any of the following: (a) use any device or other means to harvest information about other Users; (b) transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the Website or any related servers and networks; (c) post any material on the Website that is or might be offensive (as determined in Kindel’s sole and absolute discretion) to any other User; (d) post or store on the Website any content that violates or infringes upon the intellectual property rights of others (including, without limitation, copyrights, trademarks, trade secrets, patents, and publicity rights); (e) modify the information found on the Website; (f) engage in any action that Kindel determines (in its sole and absolute discretion) is detrimental to the use and enjoyment of the Website by other Users; (g) use the Website for any unlawful or defamatory means; (h) transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States, or post any information that could result in civil unrest.
     
  8. Disclaimer and Limitation of Liability
    Kindel has attempted to provide accurate information and content on the Website but it makes no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of any information or content, and Kindel assumes no responsibility for any errors or omissions regarding the information and content appearing in and on the Website. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. KINDEL PROVIDES THE WEBSITE ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT, ALL OF WHICH KINDEL SPECIFICALLY DISCLAIMS. NEITHER KINDEL, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE OR RESPONSIBILE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST OR DAMAGED DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION ON THE PART OF KINDEL, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. KINDEL HAS NO LIABILITY OR RESPONSIBILITY FOR THE CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE. IN NO EVENT WILL KINDEL, OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS, ASSUME LIABILITY OR RESPONSIBILITY FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL KINDEL, OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS, OR ASSIGNS, ASSUME LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO A USER’S EQUIPMENT, HARDWARE, OR OTHER PROPERTY, OR PERSONAL INJURY TO A USER ARISING FROM OR IN CONNECTION WITH ACCESS TO OR USE OF THE WEBSITE.
     
  9. Third-Party Content
    Kindel is not the publisher or speaker of any information or content on the Website provided by third-party content providers, and Kindel is not liable or responsible for any claims related to such information or content. Any mention in the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Kindel of such products or services. Kindel assumes no responsibility and has no liability for those products or services. Any dealings between or among any User and any third parties mentioned in or identified through the Website remain solely between or among such Users and such third parties, and are subject to any terms, conditions, warranties, or representations associated with such dealings. KINDEL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION AND CONTENT PROVIDED BY THIRD PARTIES. THIS INCLUDES, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT ACCESSED THROUGH A LINK LOCATED ON THE WEBSITE THAT ALLOWS A USER TO ACCESS INFORMATION OR CONTENT PUBLISHED OR ACCESSIBLE ON ANOTHER WEBSITE. ADDITIONALLY, KINDEL DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE ACCESSIBLE THROUGH A LINK LOCATED ON THE WEBSITE.
     
  10. Parental Supervision
    Kindel strongly encourages all parents to supervise their children’s on-line activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s on-line use or on-line disclosure of their name, address or other Personal Information without parental consent.
     
  11. Reviews, Comments, Communications, and Other Content
    Kindel may make available to Website visitors the opportunity to post reviews, comments, or other content; send e-cards and other communications; and/or submit suggestions, ideas, comments, questions, or other information (collectively, “Submission”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” All Submissions (other than Personal Information) communicated to Kindel through this Website will forever be the property of Kindel and Kindel will not be required to treat any Submission as confidential, will not be liable or responsible for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability or responsibility as a result of any similarities that may appear in future Kindel operations. User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-card or other content. Kindel reserves the right (but not the obligation) to remove or edit such content. If User posts content or submits material, and unless otherwise indicated, User grants Kindel a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Without limitation, Kindel will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Kindel will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to User or other persons sending a Submission. By access to this site User acknowledges that User is responsible for whatever material submitted, and User, not Kindel has full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. User grants Kindel and any sublicensees the right to use the name submitted by User in connection with such content, if they choose. User represents and warrants that User owns or otherwise controls all of the rights to the content posted; that the content is accurate; that use of the content supplied does not violate this Terms of Use and will not cause injury to any person or entity; and that User will indemnify Kindel for all claims resulting from content supplied. Kindel has the right but not the obligation to monitor and edit or remove any activity or content. Kindel takes no responsibility and assumes no liability for any content posted by User or any third party. User agrees to comply with all applicable local, state and federal laws, statutes, and regulations regarding use of the Website. Kindel’s policy is to comply with all local, state, and federal law. Therefore, Kindel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
     
  12. Product Information
    The availability of certain products displayed on the Website may depend upon available supplies and Kindel cannot and does not guarantee that any product displayed on the Website is or will be available at the time of display, or at any particular store.
     
  13. Indemnification
    User agrees to defend, indemnify, and otherwise hold harmless Kindel, its officers, directors, agents, employees, representatives, and assigns from and against any cause of action or claim, including any damages and legal fees and costs, related to User’s access of the Website.
     
  14. Security
    User may not violate or attempt to violate the security of the Website including, without limitation, (a) obtaining unauthorized acces to any portion, feature, or service offered by or through the Website, or any related systems, servers, or networks connected to the Website by hacking, password “mining,” or any other unauthorized or illegal means; (b) scanning or testing the vulnerability of the Website or a system, server, or network connected to the Website; (c) breaching the security or authentication measures on the Website or any network connected to the Website; (d) performing reverse look-ups or tracing any information, personal or otherwise, of any other User, User’s account, the Website, or Kindel, or otherwise exploit any service, information, or content available by or through the Website, except that Users may obtain their personal information obtained by Kindel pursuant to this Terms of Use; (e) taking any action that unreasonably or disproportionately burdens the Website’s infrastructure, related systems, servers, or networks; and (f) using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted through, or with any User’s use of the Website. Kindel may investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. Users must enter a user name and password to access certain secured extranets. In order to protect against unauthorized access to a User’s account, it is recommended that each User close the browser when finished accessing the Website.
     
  15. Termination of Agreement
    Kindel may terminate this Terms of Use at any time. In addition to Kindel’s other rights, Kindel may terminate access to the Website or cancel a User’s membership to any service that Kindel provides on or through the Website upon a User’s breach of this Terms of Use in any way, or engages in conduct that Kindel deems inappropriate in its sole and absolute discretion. If this Terms of Use terminates, the provisions in this paragraph and the provisions found in paragraphs 6, 7, 8, 9, and 12 shall survive.
     
  16. Links
    Kindel provides links on the Website for the use and convenience of the User. The appearance of a link on any page of this Website does not constitute an endorsement or recommendation by Kindel, nor should a User interpret a link to imply that the website referenced has any relationship with Kindel. Kindel does not generally object to links to the Website from third-party sites. However, Kindel does not allow websites that use frames to link to any page on the Website without Kindel’s prior written consent. User may not use any Kindel names, logos, designs, trademarks, or service marks in or with User’s links unless Kindel has entered into a specific written agreement with User to do so. Kindel prefers that third-party websites link to the home/first page of the Website.
     
  17. Copyright Enforcement
    Kindel honors the intellectual property rights of others and asks the same of Users of the Website. Kindel may, in its sole and absolute discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Kindel with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Kindel to identify the material; (d) information that is reasonably sufficient to permit Kindel to contact the complaining party, such as an address, telephone number and, if available, e-mail address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.
     
  18. Privacy
    The only user information collected by Kindel is the information provided to Kindel by User. Personal Information is gathered only when Users make voluntarily on-line submissions of such information or voluntarily establish an account. Examples of the types of information we collect are: name, address, city, state, postal code, telephone number, e-mail address, job title, and employer. We take reasonable steps to ensure that Personal Information is accurate, complete, and current. We only use Personal Information internally and only for the purpose of providing each User with the information they have voluntarily requested. Users may opt to: have Kindel remove any of User’s Personal Information stored in our database; access Personal Information gathered concerning the User; rectify and update any gathered information by sending such requests in writing to the above contact information. Kindel does not rent, sell, or exchange information about the Website visitors, except as required by law. We restrict access to visitor information to qualified Kindel employees. Third parties who need access to the Website visitor information to provide operational or other support services are required by Kindel to comply with Kindel’s security measures. Kindel gathers only the visitor information needed to administer its business and enhance and improve the Website. Kindel does use certain electronic tools to capture the type of browser and operating system being used. This information is only for use by Kindel to understand User behavior, which helps to improve the quality and functionality of the Website. Cookies are small data files often stored on a computer each time the User visits a new website. Kindel uses cookies to help personalize the User’s experience when visiting the Website. These cookies also help to uniquely identify Users’ computers for security purposes. These cookies do not contain personally identifiable information. The User may opt to set his or her browser to refuse cookies. However, refusal of cookies may affect the experience at many websites, including this Website. The above notwithstanding, User is responsible for maintaining the confidentiality of User’s account and for restricting access to User’s computer, and User agrees to accept responsibility for all activities that occur under User’s account. If User is under 18 years of age, User may use the Website only while supervised by a parent or guardian.
     
  19. Miscellaneous
    This Terms of Use constitutes the entire agreement between Kindel and User regarding the Website and its content. Any previous agreement, whether oral or written, between Kindel and User dealing with those subjects is superseded. If any portion of this Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Terms of Use, Kindel may pursue any legal or equitable remedy available including, without limitation, direct, consequential, exemplary or punitive damages, and injunctive relief. Kindel’s remedies are cumulative and not exclusive. Failure of Kindel to exercise any remedy or enforce any portion of this Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Kindel makes no representation that the content of the Website is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Terms of Use shall be governed by the laws of the State of Michigan, notwithstanding any conflicts of law principles. Any action relating to this Terms of Use must be filed and maintained in a state or federal court located in the State of Michigan, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.