OFS BRANDS TERMS OF USE
1. Contact
Information
Address
OFS Brands Holdings Inc.
P.O. Box 100
1204 E. 6th Street
Huntingburg, IN 47542-0100
Dealer Service
E-mail: sales@ofs.com
Phone: 800 521-5381
Fax: 812 683-7155
You can also contact us regarding the ofsbrands.com website by using our Contact Us form.
2. Definitions
"Website" refers to www.ofsbrands.com,
www.ofs.com, www.firstoffice.com, www.carolinabusinessfurniture.com,
www.stylinelogistics.com, websites
maintained by OFS Brands Holdings Inc. (“OFS Brands”); "User," or
collectively "Users," refers to any party who Accesses our Website;
"Access" or “Accessing” means viewing or otherwise obtaining
information located on www.ofsbrands.com, www.ofs.com, www.firstoffice.com, www.carolinabusinessfurniture.com,
www.stylinelogistics.com;
"Agreement" refers to these Terms of Use and any subsequent
modification; and "Personal Information" refers to User information
voluntarily submitted to OFS Brands by User, such as name, address, city,
state, postal code, telephone number, e-mail address, job title, and employer.
3. Description of Services Offered
OFS Brands provides OFSbrands.com as a service to its dealers, sales
representatives, suppliers, retailers and customers.
4. Acceptance of Terms
Please carefully read the following Terms of Use and Disclaimer before using OFSBrands.com.
By Accessing the Website, User accepts and agrees to all conditions imposed in
this Agreement.
OFS Brands reserves the right to modify this Agreement at any time without
notice to User. Any change in this Agreement is effective immediately upon OFS
Brands posting the amended or modified Terms of Use on the Website. Users should periodically check these Terms
of Use for changes. Any use of the Website after changes have been made shall
be deemed acceptance of those changed Terms of Use. OFS Brands reserves the
right to monitor use of the Website.
OFS Brands has the exclusive right to control accessibility, hours of use,
features on the Website, and any other information found on the Website. OFS
Brands can restrict Access to any or all portions of the Website or remove any
information or content from the Website at any time. OFS Brands reserves the
right to terminate this Website at any time without prior notice.
User is solely responsible for providing the equipment related to Accessing the
Website, including all computer, remote communications equipment, telephone, or
other equipment.
5. Copyrights and Trademarks
OFS Brands or its third party content providers shall retain all worldwide rights
in the intellectual property of this Website, including, but not limited to,
trademarks, inventions, ideas, trade secrets, the "look and feel" of
the Website, its color combinations, layout, and all other graphical elements,
and the copyright in and to its original content. You should assume that
everything you read or see on the Website is copyrighted or otherwise protected
and owned by OFS Brands or a third party who licensed the right to use such
content to OFS Brands. Unless otherwise expressly noted, nothing that you read
or see on the Website may be copied, reproduced, modified, distributed,
transmitted, republished, displayed, or performed for commercial use without
the prior written consent of OFS, except as provided in this Agreement.
However, you may reproduce the Website content solely for the purpose of
furthering OFS Brands’ business ("Authorized Uses"), and only if you
keep such reproduced content intact with proper attribution and display of the
copyright notice. Thus, you may download or print Website content, provided you
do so for an Authorized Use and provided you do not delete or change any of the
information, including copyright and trademark notices. No other permission is
granted to you to print, copy, reproduce, distribute, license, transfer, sell,
transmit, upload, download, store, display in public, alter, or modify any of
the Website content.
This permission is not a transfer of title, and under this permission you may
not:
a.
Alter
the Website content in any way;
b.
Use
the Website content for any public display (commercial or noncommercial) or for
any commercial purpose other than the Authorized Uses;
c.
Remove
any copyright, trademark, or other proprietary notations from the materials;
d.
Transfer
the Website content to another person, "frame" or "in-line
link" the Website content, "deep link" to the Website content,
or "mirror" the Website content on any other server;
e.
Copy
or modify, redistribute, republish, upload, adapt, or reuse any of the text,
graphics, or other Website content, or any of the source code or HTML code OFS
Brands uses to generate its website without prior written permission; or engage
in any other conduct that violates any applicable copyright law.
This permission terminates automatically without notice if
you breach any of this Agreement or any applicable law. Upon termination, you
must immediately destroy any downloaded and/or printed Website content.
6. 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 related servers
and networks.
c.
Post
any material on the Website that is offensive to any other User. OFS Brands maintains
the exclusive right to determine what is offensive.
d.
Post
or store on the Website any content that violates or infringes the intellectual
property rights of others (including, but not limited to, copyrights,
trademarks, trade secrets, patents and publicity rights).
e.
Modify
the information found on the Website.
f.
Engage
in any action that OFS Brands determines is detrimental to the use and
enjoyment of the Website.
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.
i.
Commit
any act that restricts, prohibits or inhibits any other person or entity from
accessing and using the Website, or that interferes with the ability of any
other person or entity to access or use any of the foregoing;
j.
Upload,
post, e-mail, transmit, distribute, submit or otherwise make available, via the
Website, any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or schemes or other unsolicited commercial
communication, or engage in spamming or flooding, including any act in
violation of the Controlling the Assault of Non-Solicited Pornography and Marketing
Act of 2003 (CAN-SPAM);
k. Attempt to access or use sections
of the Website that are not intended for access or use by User; and
l.
Sell,
rent, publicly display, distribute, make available for public use, reproduce,
duplicate, copy, trade, resell or exploit the Website for any commercial or
professional purposes.
7. Disclaimer of Warranties.
USER’S ACCESS AND USE OF THE WEBSITE IS AT USER’S SOLE
RISK.
OFS BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES TO USER
WITH RESPECT TO THE WEBSITE. THE WEBSITE
IS PROVIDED “AS IS” AND “WITH ALL FAULTS.”
OFS BRANDS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE WEBSITE,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER.
WITHOUT
LIMITING THE FOREGOING EXCLUSIONS, OFS BRANDS DOES NOT REPRESENT OR WARRANT
THAT: (A) THE WEBSITE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR
NETWORK RELATING TO THE OPERATION, OR HOSTING OF, THE WEBSITE) (i) CAN BE
ACCESSED BY USER WITHOUT INTERRUPTION; (ii) WILL BE FREE OF VIRUSES, ERRORS OR
HARMFUL COMPONENTS; (iii) WILL BE DELIVERED TIMELY OR SECURELY; OR (iv) IS
RELIABLE; (B) ANY CONTENT ON THE WEBSITE IS ACCURATE OR RELIABLE OR CAN BE
SAFELY DOWNLOADED TO USER’S COMPUTER HARDWARE, SYSTEMS, OR NETWORKS; OR (C)
THAT THE WEBSITE IS DESIGNED TO MEET ALL OR ANY OF USER’S BUSINESS, EDUCATIONAL
OR OTHER REQUIREMENTS.
OFS BRANDS
HAS NO RESPONSIBILITY FOR ANY REGISTRATION INFORMATION OR USER INFORMATION
PROVIDED TO, COLLECTED OR MAINTAINED BY OFS.
8. Limitation of Liability.
IN NO
EVENT SHALL OFS BRANDS BE LIABLE TO USER FOR ANY INJURY, LOSS OR DAMAGE OF ANY
KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY: (A) USER’S ACCESS OR USE OF THE WEBSITE; (B)
THESE TERMS OF USE; (C) THE DENIAL OR INTERRUPTION OF ACCESS TO THE WEBSITE; (D)
ANY ACT OR OMISSION OF ANY THIRD PARTY USING THE WEBSITE; (E) THE TERMINATION
OF USER’S RIGHT TO ACCESS THE WEBSITE; AND/OR (F) ANY OTHER MATTER,
CIRCUMSTANCE, ACT OR OMISSION RELATING TO THE WEBSITE. THE FOREGOING EXCLUSION APPLIES WITHOUT
LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER
SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH
OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF OFS
BRANDS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF USER
DOES NOT AGREE WITH THESE TERMS OF USE OR IF USER SEEKS TO ASSERT ANY CLAIM
AGAINST OFS BRANDSARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, OR USER’S
ACCESS AND/OR USE OF THE WEBSITE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITE.
9. Third-Party Content
OFS Brands is not the publisher or speaker of any information on the Website
that is provided by third-party content providers, and OFS Brands is not liable
for any claims related to such information. 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 OFS Brands.
OFS Brands assumes no responsibility for those products or services. Any
dealings among any User and any third parties mentioned on or found through the
Website are solely between such Users and such third parties, and are subject
to any terms, conditions, warranties, or representations associated with such
dealings.
OFS BRANDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED
BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND
ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON
ANOTHER SITE. ADDITIONALLY, OFS BRANDS DOES NOT WARRANT THE EXISTENCE OR
FUNCTIONALITY OF ANY SITE, WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS
SITE.
10. Product Information
Most products displayed on the OFS Brands Websites are available. In the event that a product is not available,
OFS Brands will attempt to contact you as soon as possible after you place your
order to inform of such product unavailability.
11. Indemnification
User agrees to defend, indemnify, and otherwise hold harmless OFS Brands and
its officers, directors, agents, employees, and assigns from and against any
cause of action or claim, including legal fees, related to User's use of the Website.
12. Security
Users are prohibited from violating or attempting to violate the security of
the Website. OFS Brands will investigate occurrences of possible violations,
and will cooperate with all applicable law-enforcement authorities in
prosecuting violators. Users are required to enter a user name and password to Access
secured extranets. In order to protect against unauthorized access to your
account, it is recommended that you close the browser when you have finished
using the Website.
Users are prohibited from violating or attempting to violate the security of
the Website, including, but not limited to:
a.
Gaining
unauthorized access to any portion, feature, or services offered by or through OFS.com,
or any related systems, servers, or networks connected to the Website by
hacking, password "mining", or any other unauthorized 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, OFS.com, OFS, or otherwise exploit any service or
information made available by or through the Website. Users may obtain their
own personal information obtained by OFS Brands according to the terms of this
Agreement;
e.
Taking
any action that unreasonably or disproportionately burdens the OFS.com Website's
infrastructure, related systems, servers, or networks;
f.
Using
any device, software, or other method to interfere or attempt to interfere with
the normal performance, transactions conducted, or with any other person's use
of OFS.com.
13. Termination of Agreement
Either OFS Brands or User may terminate this Agreement at its discretion. In
addition to OFS's other rights, OFS Brands may terminate Access to this Website
or cancel membership to any service that OFS Brands provides on the Website, if
User breaches this Agreement in any way or engages in conduct that OFS Brands deems
inappropriate. In the event of termination of this Agreement, the provisions of
this Agreement which, by their nature, survive termination, shall survive.
14. Links to Third-Party Sites
Portions
of the Website may provide hyperlinks, framing or other click-thru access to
websites owned and operated by parties other than OFS Brands (“Third-Party Sites”). OFS Brands provides such links to Third-Party
Sites solely as a convenience to User. The availability of click-thru access to
Third Party Sites is not intended to create or imply any affiliation between OFS
Brands and the owners or operators of any Third Party Site, or any sponsorship
by OFS Brands of any Third Party Site, its owners or operators, or any products
or services available at any Third Party Site. OFS Brands accepts no
responsibility for, and expressly disclaims any warranties or liability
relating to, the accuracy, relevancy, copyright compliance, legality or decency
of materials displayed on, or contained in, any Third Party Site. User’s access
and use of any Third Party Site is at User’s sole risk.
15. Notices and Procedures for Making Claims of Copyright Infringement.
OFS Brands
respects the intellectual property rights of others and, upon written notice
thereof, will take action, as deemed appropriate in its sole discretion, to
prevent User and other parties from using the Website in violation of the
intellectual property rights of others.
Pursuant
to the provisions of Section 512(c)(2) of the United States Copyright Act, 17
U.S.C. § 101, et seq., notifications
of claimed copyright infringement should be sent to OFS’s Copyright Agent as follows:
OFS Brands
Holdings Inc.
P.O. Box 100
1204 E. 6th Street
Huntingburg, IN 47542-0100
Such
notification must comply with the provisions of Section 512(c)(2)(3) of the
United States Copyright Act, and contain the following information: (i) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (ii) Identification of the material claimed to have been
infringed, or if multiple copyrighted works at the Website are covered by a
single notification, a representative list of such works at the Website; (iii)
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 OFS Brands to
locate the material; (iv) Information reasonably sufficient to permit OFS
Brands to contact the party alleging infringement, such as an address,
telephone number, and, if available, an electronic mail address at which the
party alleging infringement may be contacted; (v) A statement that the party
alleging infringement 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; (vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that the party alleging infringement is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
16.
Miscellaneous
The terms of this Agreement constitute the entire agreement between OFS Brands and
User regarding the subject matter hereof. Any previous agreement, whether oral or
written, between OFS Brands and User dealing with the subject matter hereof is
superseded. If any portion of this Agreement 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 Agreement, OFS
Brands may pursue any legal or equitable remedy available, including, but not
limited to, direct, consequential, and punitive damages and injunctive relief. OFS’s
remedies are cumulative and not exclusive. Failure of OFS Brands to exercise
any remedy or enforce any portion of this Agreement at any time shall not
operate as a waiver of any remedy or of the right to enforce any portion of the
Agreement 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
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. OFS Brands makes no representation that the content
of the Website is appropriate or available for use in all locations. Users of
this Website are responsible for compliance with all applicable local laws. Any
dispute arising out of this Agreement shall be governed by the laws of the
State of Indiana,
U.S.A, notwithstanding any conflicts of law principles. Any action relating to
this Agreement must be filed and maintained in a state court located in Dubois County, Indiana,
or a federal court located in the Southern District of Indiana, U.S.A., and
each User consents to exclusive jurisdiction and venue in such courts for such
purpose.
OFS BRANDS COPYRIGHT
Copyright
OFS Brands
Holdings Inc.
Huntingburg, IN,
USA
All rights
reserved.
Except as noted in our Terms of Use, no portion of this site may be reproduced
in any form, or by any means, without prior written permission from OFS. In
addition, OFS Brands does not allow websites that use frames to link to any
page on this site without prior written permission.
Please read our Terms of Use policy.
Disclaimer
Although
the information and recommendations provided in this World Wide Web (WWW) site
are presented in good faith and believed to be correct as of the date they were
submitted, OFS Brands makes no representations or warranties as to the
completeness or accuracy of the information.
Please read our Terms of Use policy.