LEGAL NOTICES – PLEASE READ THESE TERMS CAREFULLY.
THIS AGREEMENT GOVERNS YOUR USE OF THE HAWORTH RETAIL SITE.
THIS AGREEMENT, AS AMENDED FROM TIME TO TIME, GOVERNS YOUR USE OF THE HAWORTH ONLINE RETAIL STORE SITE MADE AVAILABLE BY HAWORTH, INC. (“HAWORTH,” “WE” or “US”) THROUGH INDIVIDUAL WEB SITES (EACH A “SITE”) UNDER THE HAWORTH.COM DOMAIN. BY ACCESSING AND USING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
HAWORTH MAY CHANGE THE AGREEMENT TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION UPON REASONABLE NOTICE, AND YOUR USE OF THE SITE AFTER NOTICE OF CHANGES WILL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE AGREEMENT TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.
1. SITE USE GENERALLY.
1.1 Limited License. Haworth grants you a limited, revocable license to access and make use of the Site for your personal or internal business purposes. This license does not include, and you are expressly prohibited from: (i) collecting and using product listings, descriptions, or prices; (ii) creating derivative works using the Site or its contents; (iii) using data mining tools, bots, or similar data gathering techniques and tools; (iv) framing or using framing techniques to enclose any Site content without our express written consent; and (v) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services mark. We may terminate this license and your rights to use the Site for any reason at any time.
1.2 Links to Other Materials. Linked sites are not under the control of Haworth and Haworth is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
1.3 Minors; Territory. The Site is a business and commercial web site and may not be accessed by persons under the age of 18. Haworth operates this Site from its office within the United States. Haworth makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
1.4 Privacy. Please review our Privacy Notice, which also governs your use of the Site. A copy of the Privacy Notice may be found at [http://store.haworth.com/privacy-policy].
1.5 Your Account. You may register at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, then you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, then you represent that you have the authority to bind that person as the principal to this Agreement, and to the extent you do not have such authority you agree to be bound to this Agreement and to accept liability for harm caused by any wrongful use of the Site or content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if the terms of this Agreement are violated or if we decide, in our sole discretion, that it would be in Haworth’s best interests to do so.
2. TERMS OF SALE.
2.1 Purchases. All purchases made from Haworth through the Site or otherwise will be governed by the “Haworth, Inc. Terms of Sale,” a copy of which may be found here, as they may be amended by Haworth from time to time in its sole discretion. You agree that any additional or different terms contained on your purchase order or any other form submitted by you will have no force or effect.
2.2 Pricing. Haworth cannot confirm the price of an item until you order. You acknowledge that occasionally an item in our catalog may be mispriced. If an item’s correct price is higher than our stated price, then we will, at our discretion, either contract you for instructions before shipping or cancel your order and notify you of the cancellation.
2.3 Product Descriptions. Haworth does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.
2.4 Electronic Contracting. These Agreement terms evidence the intent of Haworth and you to create binding purchase and sale obligations electronically through the Site. A record, signature, or manifestation of assent will not be denied legal effect solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Further, you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on
Termination. Either party may terminate this Agreement at any time, with or without cause, for any or no reason, by giving the other party written notice of termination.
4. DISCLAIMER OF WARRANTIES.
4.1 General. HAWORTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. HAWORTH UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.
4.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HAWORTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
5. LIMITATIONS OF LIABILITY
5.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAWORTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF HAWORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
5.2 Limitation. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HAWORTH UNDER ANY PROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, WILL BE LIMITED TO ONE HUNDRED DOLLARS.
5.3 Risk of Use. ALL RISK ASSOCIATED WITH USING THE SITE AND PRODUCTS SOLD ON THE SITE REMAINS SOLELY WITH YOU.
You will indemnify and hold Haworth, its third-party providers, subcontractors and agents, and each of their successors, members, officers, directors, employees, and agents, harmless from and against any and all third party claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses of future income and other losses, damages, penalties, fines, judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) and costs (collectively, “Claims”), incurred by, borne by or asserted against any of such parties to the extent such Claims in any way relate to, arise out of, or result from (a) your use of the Site or any product sold on the Site; (b) your acts, omissions or breaches of this Agreement, or the untruthfulness of any representation or warranty made by you in this Agreement; (c) any reimbursement or any attempt to seek reimbursement by you from government or private third-party payers for purchases of products sold on the Site; or (d) loss or damage suffered by any third person related to unauthorized use of your account username and password.
7. GENERAL TERMS AND CONDITIONS.
7.1 Assignment. You may not assign or delegate any of its rights or obligations under this Agreement without the prior written consent of Haworth.
7.2 Waiver. No provision of this Agreement will be deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, will not be a consent to, waiver of, or excuse for any different or subsequent breach.
7.3 Electronic Contracting. This Agreement may be executed electronically through the Site. A record, signature, or manifestation of assent will not be denied legal effect solely because it is in electronic form. This Agreement will not be denied legal effect or enforceability solely because an electronic record was used in its formation.
7.4 Severability. If any provision of this Agreement will be prohibited or unenforceable by any applicable law, the provision will be ineffective only to the extent and for the duration of the prohibition or unenforceability, without invalidating any of the remaining provisions.
7.5 Governing Law. This Agreement will be governed by and interpreted according to the laws of the State of Michigan, without reference to law pertaining to choice of laws or conflict of laws. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Haworth products) shall be in the state or federal courts located in Kent County, Michigan U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Haworth products) must be commenced within one (1) year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Haworth may assign its rights and duties under this Agreement to any party at any time without notice to you.
7.6 Entire Agreement. This Agreement constitutes the entire agreement between Haworth and you with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement. The terms and conditions of any purchase order or other instrument issued by you that are in addition to or inconsistent with this Agreement will be of no effect and will not be binding on Haworth.