Terms of Use
Last Updated: 7/22/2022
The www.nfm.com web site and any derivative web site on which these Terms of Use are posted are owned and operated by Nebraska Furniture Mart, Inc., a Nebraska corporation (“NFM”). NFM has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the www.nfm.com web site, any derivative web sites on which these Terms of Use are posted and any Content, products or services that are offered or provided via the aforementioned web sites (collectively, the “Web Site”).
NFM reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Web Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes.
By using or otherwise accessing the Web Site, creating, registering or accessing an account, posting Content (as defined below) or any other information to or from the Web Site OR purchasing any products or services via the Web Site or manifesting your assent to these Terms of Use in any other manner, you hereby expressly agree to, and shall be subject to, these Terms of Use. If you do not agree to these Terms of Use, you may not use or otherwise access the Web Site, create, register or access an account, post or download Content or any other information to or from the Web Site or purchase any products or services via the Web Site.
General Terms of Use and Restrictions on Use
NFM hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. If you do not comply with the Terms of Use at any time, NFM reserves the right to revoke the aforementioned license, limit your access to the Web Site or restrict your ability to post or download Content or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion or information from the Web Site. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site.
NFM may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at NFM’s sole discretion and without prior notice or liability. You agree that NFM may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent, prohibited, or illegal activities. You further agree that such measures shall be taken in NFM’s sole discretion and without liability to you or any third party.
For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
NFM Intellectual Property
Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, NFM®, Nebraska Furniture Mart®, The Design Gallery®, Nebraska Furniture Mart “You’ll Find It Here for Less”®, and Mrs. B’s Clearance Center & Factory Outlet® logos, are the property of NFM and may not be used without NFM’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of NFM, and it may not be reproduced, recreated, modified, accessed or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by NFM or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate or modify the intellectual property found in the Web Site or Services or grant any other person or entity the right or access to do so.
Accounts
For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify NFM in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. NFM may refuse to grant a particular username to you for any reason, including, without limitation, in the event NFM determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
Content
You acknowledge that the Web Site contains information, software, photos, video, text, graphics, music, sounds or other material provided by NFM or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. NFM does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to NFM a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
In the event you would like to remove your User Content from the Web Site, please contact NFM. Please note however, that your User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by NFM or other parties; (b) such User Content has been retained in NFM’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to other persons and such persons retain your User Content.
Social Media Reviews, Comments & Submissions
NFM welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Web Site, or any content or information you publish through any social media and allow NFM to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Facebook™, Twitter™, lnstagram™, Pinterest™) (collectively, “User Media”) as long as the User Media submitted by you complies with these Terms of Use. User Media will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Media: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Media you submit, and NFM assumes no liability for any User Media submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Media; (ii) alter, remove, or refuse to post or allow to be posted any User Media; and/or (iii) disclose any User Media, and the circumstances surrounding its transmission, to any third party. For any User Media you submit, you grant to NFM a nonexclusive, sub-licensable , 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 Media and to incorporate the User Media into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Media that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to NFM the right to include the name provided along with the User Media submitted by you; provided, however, NFM shall have no obligation to include such name with such User Media. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Media you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Media that you may have under any applicable law under any legal theory.
Media is also provided by third party visitors to the Web Site. Please note that Web Site visitors may post content that is inaccurate, misleading, or deceptive. NFM neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties.
NFM’s Privacy Policy
NFM collects, stores and uses data collected from you in accordance with NFM’s Privacy Policy, located at /cust_privacy.aspx. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.
Links
The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because NFM has no control over such web sites or resources, you acknowledge and agree that NFM is not responsible for the availability of such external web sites or resources, and NFM does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that NFM 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 your use of or reliance on any such Content, goods or services available on or through any such web site or resource.
Purchases
NFM may allow users to place Orders for products and/or services via the Web Site. “Order” shall mean any order placed by a user for products and/or services via the Web Site that is accepted by NFM. In the event that you are a user placing an Order to purchase products and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that NFM has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to NFM the purchase price as set forth in the “Shopping Cart.” NFM or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and NFM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, NFM will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by NFM and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the delivery method and service you select. NFM does not guarantee delivery at any certain time and is not responsible for delivery delays.
In the event you purchase products that embody or otherwise contain Content owned by NFM or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
In the event a product ordered by you is damaged upon receipt, NFM, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which NFM will accept for return or refund include products that are missing, torn or physically damaged or inoperable.
Suggested Retail Price
Percent-off savings are calculated from Suggested Retail Price (SRP). NFM provides these prices in a reasonable effort to demonstrate the relative value of products offered. Nevertheless, NFM makes no claims to having sold products at Suggested Retail Price or that any party has sold products at that price. Due to manufacturer’s restrictions, certain items are excluded from some sale. Excludes selected appliance and culinary vendors, appliance contractor sales, extended warranties, prior purchases, delivery, installation, special orders, scratch-and-dent items, one-of-a-kind items, Super Buys, floor samples, clearance items, closeouts and Door Crashers. Some items are already marked with deep discounts.
User Representations
You hereby represent and warrant to NFM that: (a) you (i) are over the age of eighteen (18), (ii) are an emancipated minor under the laws of your state of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to NFM is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to NFM or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site; (e) you have provided and will maintain accurate and complete registration information with NFM, including, without limitation, your legal name, address, email address, and any other information NFM may reasonably require; (f) your access to and use of the Web Site and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (g) you will immediately notify NFM in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to NFM: (1) you are owner of such User Content or otherwise have the right to grant NFM the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.
Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or the User Content that you may sell or purchase via the Web Site, which includes, without limitation, use of the foregoing to: (a) post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) post or store files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) post or store viruses, Trojan horses or any other malicious code or program designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) any resale or commercial use of the Web Site, NFM trademarks, or any User Content; (f) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any portion of the Web Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Web Site except as interpreted and displayed in a web browser; (g) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any portion of the Web Site (including any NFM trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (h) the collection and use of any product listings or descriptions; (i) making derivative uses of any portion of the Web Site, NFM trademarks, or any User Content; (j) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Web Site or to collect any information from the Web Site or any other user of the Web Site; (k) post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (l) engage in any activity that, as determined by NFM, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.
Disclaimer
NFM uses reasonable efforts to maintain the Web Site, but NFM is not responsible for any defects or failures associated with the Web Site or any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which NFM may undertake from time to time, or (c) causes beyond the control of NFM or which are not foreseeable by NFM. In addition, NFM makes no guarantees as to the web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
NFM does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, NFM reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. Because the User Content offered via the Web Site is provided by other users, and because NFM does not monitor or exercise control over the User Content, NFM does not make any warranties or representations regarding any of the User Content offered via the Web Site or the quality thereof. NFM does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall NFM be liable under any theory for such exposure.
NFM is not a backup service for storing User Content, and NFM shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
Please note the following important disclaimers of warranties:
The web site, any user content and any products or services provided via the web site are provided “as is” and “as available,” and at your sole risk. Nfm expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title and non-infringement.
Without limitation, nfm makes no warranty that the web site, any user content or any products or services provided via the web site will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the foregoing or any information found on the web site will be accurate or reliable, or that the quality of any user content, products, services, information or other material obtained through the web site will meet your expectations.
Any user content or material downloaded or otherwise obtained through the use of the web site is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Further, please note that no advice or information, obtained by you through the web site or any product shall create any warranty not expressly provided for in these terms of use.
Limitation of Liability
You expressly understand and agree that nfm shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, loss of or injury to life or other intangible losses (even if nfm has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the web site, the user content, or any products or services purchased via the web site; (b) the cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the web site or otherwise; (c) unauthorized access to or alteration of your transmissions, user content or data; or (d) any other matter relating to the web site, the user content or the purchase of nfm’s products or services. In no event shall nfm’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing the web site, selling or purchasing content or nfm’s products or services or any amount retained by nfm for providing the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless NFM, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) any services or products provided by NFM.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against NFM, and NFM shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to NFM which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that NFM has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies NFM may have for your breach of this Agreement.
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Nebraska, USA, without regard to its conflicts or choice of laws principles. Any suit, action or proceeding concerning the web site, its use, these terms of use, concerning any sale or concerning any other product, service, policy or procedure of nfm, must be brought in a court of competent jurisdiction in Douglas county, Nebraska, and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient or improper forum.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, telecommunications failure or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site and products and services sold via the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
NFM makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
NFM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NFM’s Copyright Agent the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact NFM’s Copyright Agent for Notice of Claims of copyright infringement via site feedback at: Contact NFM
