Terms and Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Unique Modern Interior (“UMI”). The collective work includes works that are licensed to UMI. Copyright 2006-2019, UMI ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with UMI or purchasing UMI products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with UMI or to purchase UMI products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by UMI. You further agree not to change or delete any proprietary notices from materials downloaded from the site. UMI reserves the right to display any images of UMI product featured in residences, commercial and home offices, hotels, and restaurants.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. UMI reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that UMI shall not be liable for any damages of any kind related to your use of this Web Site.
In the event that a UMI product is mistakenly listed at an incorrect price, UMI reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. UMI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, UMI shall issue a credit to your credit card account in the amount of the incorrect price.
Indemnification and Miscellaneous, shall survive any termination. Your use of this site shall be governed in all respects by the laws of the state of Hawaii, U.S.A., without regard to choice of law provisions. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of UMI products) must be commenced within two years and one day after the claim or cause of action arises.
Any dispute or claim relating in any way to your use of the UMI site, or to any products or services sold or distributed by UMI or through UMIfurniture.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This Agreement, which may be executed in multiple original copies or electronically, all of which shall be originals, shall be governed by and construed in accordance with the Federal Arbitration Act to the greatest extent permitted by law and the applicable statutes under the laws of the State of Texas, without regards to conflicts of law principles. Arbitration must be brought in Honolulu County, Texas with an arbitrator mutually selected by the Parties, for any dispute hereunder or related hereto. If, for any reason, arbitration is improper and cannot be initiated, then the venue for any claims or causes of action shall be in the courts of Honolulu County, Hawaii.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a UMI or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You agree to indemnify, defend, and hold harmless UMI, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.