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Terms and Conditions

Acceptance of Terms
Welcome to the Wooda experience! This website, or any replacement site (collectively, the “Website”), is operated by Wooda (“Wooda”) to provide you with information about our company, history, news and products, and the opportunity to purchase these products from our online retail store. Wooda provides you with access to our Website subject to the following Terms and Conditions, which may be updated from time to time without prior notice to you.

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You can review the most current version of these Terms and Conditions at any time at: www.WoodaFurniture.com/store/service/terms. Please read these Terms and Conditions carefully. By accessing this Website, you agree that you have read and understand these Terms and Conditions and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by these Terms and Conditions, please do not continue to use this Website.

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Registration
You may browse the Website without registration, but you understand that some features of the Website may not be accessible to you unless you register. In registering for the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) certify that you are at least thirteen (13) years old. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Wooda has reasonable grounds to suspect this, Wooda has the right to suspend or terminate your account and to refuse any further use of the Website by you.

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Registration Account and Password
You will receive a username and password as part of the registration process. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Wooda of any actual or suspected unauthorized use of your password or account or any other breach of security. Wooda will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password and account.

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Protection of Privacy
Information you give to Wooda about yourself is subject to our Privacy Policy, which is incorporated into these Terms and Conditions. We encourage you to read and understand our privacy practices before continuing. By agreeing to these Terms and Conditions, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

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Products for Personal Use
All products available on this Website, and any samples thereof, are for personal, non-commercial use only. You may not resell any of the products that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms and Conditions. If you are a wholesaler or retailer interested in purchasing items in bulk, please contact our customer service department at contact@woodadesigns.com.

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Product Descriptions
Wooda attempts to be as accurate as possible when describing its products and when depicting these products on this Website. Product colors may look different depending on your computer settings.

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LIMITED PRODUCT WARRANTY
SUBJECT TO THE DISCLAIMERS OF WARRANTIES SET FORTH BELOW, WOODA WARRANTS ITS PRODUCTS FOR ONE (1) YEAR AFTER PURCHASE AGAINST MANUFACTURING DEFECTS THAT RESULT IN A DETERIORATION OF PRODUCT TEXTURE OR APPEARANCE. THIS WARRANTY DOES NOT COVER DETERIORATION FROM NORMAL WEAR AND TEAR OR YOUR FAILURE TO CARE FOR WOODA PRODUCTS ACCORDING TO OUR CURRENT MAINTENANCE INSTRUCTIONS.

Disclaimers of Warranties


TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WITH RESPECT TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, AND SERVICES DESCRIBED THROUGH THE WEBSITE) AND THE PRODUCTS OFFERED FOR SALE ON IT, WOODA MAKES NO REPRESENTATIONS OR WARRANTIES (APART FROM THOSE EXPLICITLY SET FORTH ABOVE) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT WILL WOODA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE, EVEN IF WOODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WOODA’S ENTIRE LIABILITY FOR ANY PRODUCT SALE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY WOODA FROM SUCH SALE.

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Wooda's Intellectual Property Rights
You acknowledge and agree that the Website and its contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Wooda and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Wooda's express written authorization. Without limiting the foregoing, you are not authorized to use the Content in order to gain a competitive advantage, for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Website. In addition, you are not authorized to use, access, search or obtain data from the Content of this Website by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology. Wooda grants you a personal, non-transferable and non-exclusive right and license to use the Content on a single computer for non-commercial purposes only and subject to all other Terms and Conditions herein. Any unauthorized use terminates the permission or license granted by Wooda.

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The Wooda and Wooda name and associated product names are trademarks or registered trademarks of Wooda (the “Wooda Marks”). You are not authorized to display or use in any manner any Wooda Mark without our prior written consent.

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The product designs and product materials used for Wooda's products are the exclusive property of Wooda and are protected by applicable copyright and other proprietary rights and laws. You are not authorized to reproduce, sell or otherwise use these designs or materials, in whole or in part. Wooda takes its intellectual property rights seriously and monitors for and vigorously pursues any infringers.

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Information Sent to Us
We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, our Website, or any other method. We will not compensate you for any submissions that we use. By submitting such materials, you grant Wooda a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way Wooda deems appropriate. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials.

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User Submitted Content and User Conduct
Any content you have made available to us, whether uploaded, posted, submitted, or otherwise provided to us or on our Website, including without limitation your reviews of products, content from your social media account(s), or any other content which does not originate with us (“User Content”), is your sole responsibility. You represent and warrant that you own any User Content or have permission to provide any User Content that you make available to us. Under no circumstances will Wooda be liable in any way for any User Content made available on or through our Website.

Wooda does not claim any copyrights in original works created and/or posted by you. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Website or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.

We may not moderate all product reviews or User Content on certain other areas of our Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.

You agree that you will not use our Website to transmit or make available any content that:

  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;

  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;

  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;

  • you know or have reason to know is false, misleading, or fraudulent;

  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • contains advertising, promotional materials, or spam (such as chain letters, pyramid schemes or similar schemes);

  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • impersonates any person or entity, including any Wooda employee or representative.

Wooda reserves the right, but not the obligation, to review, edit, and/or remove any User Content in its sole discretion.

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Links to Other Websites
The Website may contain links to third-party websites or services that are not owned or controlled by Wooda. Wooda has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Wooda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through such websites or services. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policies of each other website that you visit.

Indemnity


You agree to indemnify and hold Wooda and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of your use of the Website, any violation of these Terms and Conditions by you, or any violation of any law or the rights of any third party.

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Limitation of Liability
IN NO EVENT SHALL WOODA OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (c) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

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Applicable Law
These Terms and Conditions shall be governed by the laws of the State of New York without regard to its conflict of law principles. By using this Website, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York.

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Changes
Wooda may modify these Terms and Conditions at any time in its sole discretion and without notice. Any modifications are effective immediately upon posting. By continuing to use the Website after any changes are posted, you are agreeing to those changes.

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Contact Information

Wooda
1611 Chase Drive
Omro, Wisconsin 54963
Email: contact@woodadesigns.com

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