Please carefully review the following terms and conditions of use (the “Terms”), which govern your access to and use of this website (www.livebungalow.com) and other websites, mobile applications, and other online products and service (the “Services”) operated by Bungalow Living, Inc. (“Bungalow,” “we,” “us,” and “our”). Your use of the Services constitutes your agreement to follow and be bound by the Terms. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Bungalow for products, services or otherwise.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Bungalow on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Right to Modify Terms
Bungalow reserves the right to update or modify the Terms at any time without prior notice. Any changes or modification of the Terms will be effective immediately upon posting the revisions on the Services and shall apply to all use of the Services and all acts or omissions occurring after the effective date of the revised Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. When we make changes, we will post them here. For these reasons, we encourage you to review the Terms whenever you use the Services. If you do not agree to these Terms, please do not use the Services.
The Services may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Services, purchasing products, providing permitted information to the Services, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Services.
Right to Monitor and Terminate Use
Although Bungalow has no obligation to monitor any user conduct on the Services, Bungalow reserves the right, and has absolute discretion, to monitor any user conduct on the Services at any time and for any reason without notice.
Bungalow reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services. Any use of the Services in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Services. The Terms remain in effect even if your account is terminated.
Your submission of personal information through the Services are governed by our Privacy Statement, which can be reached by clicking on the “Privacy Statement” link located in the footer section of the Services (the “Privacy Statement”). The Terms incorporates by reference the terms and conditions of the Privacy Statement.
When you sign up for a membership or purchase from the Services, you may create an account as part of the registration or checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
Errors, Inaccuracies, and Omissions
Bungalow attempts to be as accurate as possible and eliminate errors on the Services. However, there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to memberships, product descriptions, pricing, promotions, offers and availability. If a rental, product, or service offered on the Services are not as described or pictured, your sole remedy is to terminate your membership or return the product in an unused condition for a refund, whichever remedy we deem is appropriate at our sole discretion. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Services are inaccurate at any time without prior notice (including after you have submitted your order). Your sole remedy in the event of such error is to cancel your membership or order.
Who We Provide Services To
Bungalow only extends services to adults. If you are under 18, you may use the Services only with the involvement of a parent or guardian, who will be the primary member- or account-holder on record. Bungalow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel memberships and orders in its sole discretion.
Bungalow reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel memberships and other purchases per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit or prohibit memberships that, in our sole judgment, appear to be made by rental agents or for any other reason. We reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
Right to Change Services
We reserve the right, at any time and in our sole discretion, to: modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.
Services Contents and Limited License
Unless otherwise noted, the Services, and all materials on the Services, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Bungalow and are protected by U.S. and international copyright laws. Bungalow-owned trademarks or logos displayed on the Services are owned by Bungalow.
The Services and the Contents are intended solely for personal, non-commercial use. You may only download or copy the Contents and other downloadable materials displayed on the Services for your personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Services.
Unless otherwise specified, the Services and the Contents are intended to promote Bungalow’s products and services available in the United States. The Services are controlled and operated by Bungalow from its offices in San Francisco, CA.
Violations of system or network security may result in civil or criminal liability. Bungalow will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, the following:
• Accessing data not intended for you or logging into a Bungalow server or account, which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of the Services, our provision of services to any other visitors to the Services, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “mail bombing” or “crashing” the Services;
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Services; or
• Compromising the Services’ security, in any way.
Links to Other Websites and Services
The Services may contain links to other websites that are not under the control of Bungalow. Bungalow has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Services’ users.
User Created Hyperlinks to Services
Bungalow grants Users a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Bungalow or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Bungalow logo or other proprietary graphic of Bungalow to link to the Services without the express written permission of Bungalow. Further, you may not use, frame or utilize framing techniques to enclose any Bungalow trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Bungalow's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Bungalow or any third party.
Bungalow makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of Bungalow and Bungalow is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Bungalow provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Bungalow of any site or any information contained therein. When you leave the Services, you should be aware that the Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Bungalow expressly disclaims any duty to update or revise the Services, although Bungalow may modify the Services at any time without notice. Your use of the Services are at your sole risk.
Limitation of Liability
IN NO EVENT SHALL BUNGALOW, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF BUNGALOW OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, BUNGALOW’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
BUNGALOW IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITE (WHETHER ONLINE OR OFFLINE), NOR IS BUNGALOW RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE EXCLUSIONS OR LIMITATIONS IN THIS AND THE “DISCLAIMER” SECTION ABOVE MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
Agreement to Arbitrate
By visiting the Services or otherwise making a purchase from the Services, you and Bungalow agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Services, or the breach, enforcement, interpretation, or validity of the Terms or any part of them (collectively, a "Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent:
· To Bungalow at One Letterman Drive, C-3500, San Francisco, CA 94129, ATTN: Legal Department, or
· To you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Bungalow agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be determined by arbitration in the San Francisco, CA area, exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of the Terms, including any claim that all or any part of the Terms is void or voidable.
The Terms constitute the entire agreement between you and Bungalow and govern your use of the Services. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Bungalow’s right to require strict observance of each of the Terms herein.
If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Bungalow may terminate the Terms and deny you access to the Services at any time, immediately and without notice if, in Bungalow’s sole discretion, you fail to comply with any provision of the Terms.
If you have any questions, comments, or concerns about the Services, please send an email to e-mail to firstname.lastname@example.org
Bungalow Living, Inc.
One Letterman Drive, C-3500
San Francisco, CA 94129
Effective: February 7th, 2017