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.