Terms & Conditions

SECTION 1: Introduction

These Terms and Conditions (“Terms”) outline the rights and responsibilities associated with your use of My Living Furniture and all its subsidiaries, successors, and assigns (collectively referred to as “My Living Furniture”), including www.mylivingfurniture.com, all associated websites, products, services, and related mobile applications (referred to as the “Services”). For the purpose of these Terms, references to “My Living Furniture,” “the Site,” “We,” and “Us” encompass our respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

These Terms constitute a legally binding agreement between the users of the Site (“You”) and My Living Furniture. By accessing or using the Site, you agree to comply with the terms and conditions outlined in these Terms, as well as all other operating rules, policies, and procedures that we may publish on the Site from time to time, including our Privacy Policy, each of which is incorporated by reference and subject to updates without prior notice to you. Your acceptance of the Terms and Conditions is indicated by your continued use of the Site. Should you have any questions, please read these terms carefully and feel free to contact us for clarification.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE (Section 22), WHICH MEANS YOU AGREE TO RESOLVE ANY CLAIM (AS DEFINED BELOW) THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PURSUING LEGAL ACTION IN COURT. THE ARBITRATION CLAUSE ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION.

BY USING THIS SITE, YOU AGREE TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION CLAUSE BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 22.7). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION CLAUSE AND HAVE TAKEN SUFFICIENT TIME TO CONSIDER THE IMPLICATIONS OF THIS SIGNIFICANT DECISION.

SECTION 2: Eligibility

To utilize the Site, you must be at least 13 years old. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must consent to these Terms on your behalf, and you may access and use the Site only with their permission. By using the Site, you affirm and warrant that: (a) all information you provide during Account registration is truthful and accurate; (b) you will ensure the accuracy of such information; and (c) your use of the Site does not contravene any applicable law or regulation. Your profile and Account may be terminated and deleted without notice if we believe you are under 13 years of age, if we believe you are under 18 years of age and represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

SECTION 3: Accounts & Registration

To access certain features of the Site (“Account”), such as registering for a shopping account, you must create a user account. You will be required to provide a password, username, and other information such as your name and email address. Maintaining the confidentiality of your Account information is solely your responsibility. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written consent. You are solely responsible for all activity on the Site that occurs under your Account, including unauthorized use by any person. Promptly notify My Living Furniture customer service of any unauthorized use or breach of security on your Account. My Living Furniture is not liable for any losses incurred due to unauthorized use of a password or account. Personal information submitted through the Site is governed by our Privacy Policy.

SECTION 4: Modification and Termination

My Living Furniture reserves the right to: (i) modify or discontinue any part of the Site; or (ii) offer opportunities to some or all Site users. My Living Furniture reserves the right to make changes to these Terms at any time, with such changes taking effect immediately upon posting on the Site. You should review the current Terms each time you use the Site. Your continued use of the Site indicates your acceptance of the current Terms; however, any changes to these Terms after your last use of the Site will not be retroactively applied. My Living Furniture reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) for violation of any of these Terms, (ii) for any other reason, or (iii) for no reason. Upon such termination, your right to use the Site ceases immediately.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive.

SECTION 5: Shipping, Processing & In-store Pickup

For details regarding shipping, processing, and in-store pickup, please refer to the information provided on our website.

SECTION 6: Product Information

Prices displayed on our Site may vary from those available in stores. My Living Furniture products showcased on the Site may be available in selected My Living Furniture stores in the United States. Prices listed on the Site are quoted in U.S. dollars unless otherwise stated.

Please note that while we strive to accurately display product colors, the actual colors you see may depend on your monitor or mobile device and may not be precise. Additionally, occasional inaccuracies, typographical errors, or omissions may occur in the information presented on our Site, including product descriptions, pricing, and/or availability. Therefore, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and availability. My Living Furniture reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after you have submitted your order. If you choose not to proceed with your purchase after a pricing or information correction, please contact us immediately.

SECTION 7: Transactions

We reserve the right to refuse or cancel any order placed on the Site. We also reserve the right to limit quantities for orders placed by the same Account, method of payment, or billing/shipping address. Additionally, we may, at our sole discretion, prohibit purchases of any products by resellers, dealers, or distributors.

When making a purchase through the Site, you may be required to provide certain transaction-related information, including payment method details (such as payment card number and expiration date), billing address, and shipping information. By submitting such information, you authorize us to share it with third parties to facilitate the transactions initiated by you or on your behalf.

You agree to pay all charges incurred through the Site, including shipping and handling fees, at the prices in effect when the charges are incurred. You authorize us to charge all applicable amounts for your orders to the payment method specified at the time of purchase. You are also responsible for any applicable taxes on your transactions.

SECTION 8: Site Contents

All content on the Site, including text, graphics, logos, images, audio clips, videos, data, music, software, application updates, and other materials (collectively referred to as “Content”), is the property of My Living Furniture or its licensors, protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site are the exclusive property of My Living Furniture, protected by U.S. and international copyright laws. My Living Furniture expressly reserves all intellectual property rights in all Content.

SECTION 9: License and Access

My Living Furniture grants you a limited license to access and use the Site and its Content for NONCOMMERCIAL PURPOSES ONLY, provided such use does not violate these Terms, including the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section below. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content, delete or change any copyright or trademark notice, or violate these Terms in any way. Using the Site or its Content for any commercial purpose, whether on your own behalf or on behalf of any third party, constitutes a material breach of these Terms.

SECTION 10: Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of the Site, you warrant to My Living Furniture that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Whether on your own behalf or on behalf of any third party, YOU MAY NOT:

– Engage in commercial use of the Site or its Content, including collecting or using any product listings, descriptions, prices, or images for any commercial purpose.
– Download, copy, or transmit any Content for the benefit of any other merchant.
– Use any engine, software, tool, agent, or other device to navigate or search the Site other than the search engine provided by My Living Furniture.
– Frame or mirror any part of the Site without My Living Furniture’s express written consent.
– Use data extraction or scraping tools to collect Site content or create a database.
– Use any meta tags or hidden text using My Living Furniture’s name or marks.
– Misrepresent your identity or affiliation with any person or entity.
– Use the Site for fraudulent activities.
– Violate or attempt to violate the security of the Site.
– Send unsolicited or unauthorized email on behalf of My Living Furniture.
– Tamper with the Site or interfere with its functionality.
– Use the Site to defame, abuse, harass, or violate the rights of others.
– Harvest personally identifiable information about other users.
– Restrict or inhibit any other person from using the Site.
– Use the Site to advertise or offer to sell or buy goods or services without My Living Furniture’s express consent.
– Reproduce, duplicate, or exploit any portion of the Site for commercial purposes.
– Modify, reverse engineer, or disassemble any part of the Site.
– Remove any copyright, trademark, or other proprietary rights notice from the Site.

SECTION 11: User Reviews, Comments & Submissions

My Living Furniture values your feedback and encourages you to share your reviews, comments, and other communications, including photos, videos, or any other content submitted through or to the Site, or content published through any social media channels allowing My Living Furniture to feature your contributions, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g., Twitter™, Instagram™, Pinterest™) (collectively referred to as “User Content”), provided that the User Content complies with these Terms. User Content excludes any photographs or images submitted as part of a Transaction (as defined below). By submitting User Content, you agree that:

– Your User Content will be accurate and will not violate any law or regulation.
– Your User Content will not infringe upon any third-party rights, including copyright, trademark, privacy, or publicity rights.
– Your User Content will not cause harm to any person or entity.
– Your User Content will not contain or link to any obscene, profane, threatening, or harmful material, or any form of spam.
– You are solely responsible for the User Content you submit, and My Living Furniture assumes no liability for any User Content submitted by you.
– My Living Furniture reserves the right (but is not obligated) to monitor, alter, remove, or refuse to post any User Content, and to disclose any User Content and the circumstances surrounding its transmission to third parties.
– By submitting User Content, you grant My Living Furniture a non-exclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content worldwide, without compensation to you.
– You also grant My Living Furniture the right to include the name provided along with the User Content you submit, although My Living Furniture is not obligated to do so.
– My Living Furniture is not responsible for the use or disclosure of any personal information voluntarily disclosed in connection with any User Content you submit.
– You represent and warrant that you have all necessary rights to grant the licenses granted in this section, including permission from any individuals appearing in the User Content to use and grant third parties, such as My Living Furniture, the right to use their name, image, voice, and/or likeness without compensation.
– You further waive any “moral rights” or other rights regarding attribution of authorship or integrity of materials concerning User Content under applicable law.

User Content may also be provided by third-party visitors to the Site. My Living Furniture does not endorse and is not responsible for any opinion, advice, information, or statements made by third parties, and the opinions expressed by third parties do not necessarily reflect those of My Living Furniture.

SECTION 12: Promotions and Special Offers

From time to time, My Living Furniture offers special promotions to its customers, including gifts with purchase, free shipping, manufacturer offers, or other promotional activities associated with product purchases. These offers may be available for a limited time only. Any sweepstakes, contests, raffles, or other promotions (“Promotions”) offered through the Site may be governed by separate rules. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. In the event of any conflict between the Promotion rules and these Terms, the Promotion rules will prevail.

SECTION 17: Copyright Infringement Policy/DMCA

My Living Furniture adheres to the process outlined in the U.S. Digital Millennium Copyright Act (DMCA) and responds to notices of alleged copyright infringement by terminating accounts of repeat infringers. If you believe that your copyrighted work has been copied or used on the Site in a manner that constitutes copyright infringement, please provide the following information to our designated Copyright Agent:

– Your full name, address, telephone number, and email address.
– A detailed description of the copyrighted work that you claim has been infringed.
– The specific location on the Site where the alleged infringing material is located.
– A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
– An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
– A statement by you, under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send this information to our Designated Agent for notice of claims of copyright infringement:

customercare@mylivingfurniture.com

For clarity, only copyright infringement notices should be directed to our Copyright Agent. You acknowledge that failure to comply with all the requirements outlined in this section may render your notice invalid.

My Living Furniture reserves the right, at its discretion, to suspend or terminate access and take other actions against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

SECTION 18. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MY LIVING FURNITURE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MY LIVING FURNITURE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, MY LIVING FURNITURE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF MY LIVING FURNITURE’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND MY LIVING FURNITURE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MY LIVING FURNITURE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SECTION 19. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless MY LIVING FURNITURE and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

SECTION 20. Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to MY LIVING FURNITURE shall be sent by mail to: MY LIVING FURNITURE. Inc. 18021 Biscayne Blvd, Aventura, FL 33180. In the case of notices MY LIVING FURNITURE sends to you, you consent to receive notices and other communications by MY LIVING FURNITURE posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that MY LIVING FURNITURE provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SECTION 21. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to customercare@mylivingfurniture.com. You may also contact us by writing to: MY LIVING FURNITURE, Inc. 18021 Biscayne Blvd, Aventura, FL 33160. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION 22. Agreement To Arbitrate & Waiver of Certain Rights Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

22.1 Agreement to Binding Arbitration

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to Us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at CustomerSupport@mylivingfurniture.com or send the written description by U.S. Mail to MY LIVING FURNITURE, Inc., 18021 Biscayne Blvd #1503, Aventura, FL 33160, Attn: General Counsel. You agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

By agreeing to the Terms, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in Section 22 herein. You and the Site agree that any disputes between us (including any disputes between you and a third-party agent of (MY LIVING FURNITURE) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceedings, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms as a court would. Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents, or other intellectual property rights.

22.2 No Class Action
You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and the Site agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
22. 3 Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation, enforcement, and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of law’s provisions.

22.4 Arbitration Process

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses, and phone numbers of the parties involved (you and MY LIVING FURNITURE, in most cases); (b) a description of the dispute; (c) and a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. Or you may contact the AAA at 800-778-7879.

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to Us by certified mail at General Counsel, Notice of Dispute, MY LIVING FURNITURE, Inc., 18021 Biscayne Blvd, Aventura, FL 33160. Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of the Site’s arbitration provision (you may obtain a copy from our website); and (2) the appropriate AAA filing fee. We’ll promptly reimburse you this amount when we receive a copy of your Demand for Arbitration if your claims are for less than $75,000. If you’re unable to pay the AAA filing fee, please inform us by writing a letter to the above address, and we’ll arrange to pay it directly if your claims are for less than $75,000. The filing fee is currently $200, but the AAA may change the amount of the fee. You may obtain the amount of the fee by consulting the AAA’s rules. Those rules may be obtained by visiting the Consumer section on AAA’s website, or by calling the AAA at 800.778.7879.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

22.5 Arbitrator’s Decision

Within 14 days from the conclusion of the in-person or telephone hearing or from the submission of all written evidence to the arbitrator, the arbitrator will render a written decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

22.6 Fees

For claims of $100,000 (US Dollars) or less, MY LIVING FURNITURE will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Filing Fees. MY LIVING FURNITURE waives its right to seek attorneys’ fees and costs in arbitration.

22.7 Opt-Out Procedure Applicable To All Consumers

You can decline this agreement to arbitrate by mailing us and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms of Service; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be mailed no later than 30 days to this address:

MY LIVING FURNITURE
18021 Biscayne Blvd #1503
Aventura, FL 33160
ATTN: Legal Department

SECTION 23. Severability, Survival and Waiver

If any portion of the Terms of Service are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The failure of MY LIVING FURNITURE to assert a right under these Terms or insist upon compliance with any term or condition of these terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.

SECTION 24. Additional Terms, Modification & Miscellaneous

Please review our other terms and policies posted on the Site, including the Privacy Policy (“Additional Terms”). The Additional Terms also govern your Use of the Site and are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and MY LIVING FURNITURE relating to the subject matter addressed herein.

We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through the Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.

SECTION 25. Contact Us

If you have any concerns about MY LIVING FURNITURE or your use of the Site, please contact us at CustomerSupport@mylivingfurniture.com with a detailed description, and we will try to resolve it.

 

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