Any dispute or claim relating in any way to your use of any TF products or services sold or distributed through tovfurniture.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
As to any claim made against TF, you agree that your damages, if any, shall, to the fullest extent permitted by law, be limited to:
- The amount of money you paid to TF for the cost of goods.
- Any shipping costs you paid directly to TF (but not to any third party).
We do not guarantee that we will be able to fill every order and you should not expect that simply because an order is placed or an item is listed in our catalog or website, that such item is definitely available.
If you place an order which we are unable to complete, then:
- if you have made a payment to TF , you agree that your damages shall be limited to a refund of the amount you paid.
- If you did not pay for the order, you shall not be entitled to damages or to recover anything from TF for being unable to complete an order.
You agree that, in all instances, you are not entitled to, and TF shall not be liable for, incidental, punitive, exemplary, indirect or consequential damages (including but not limited to lost profits, loss of use, damage to third parties, or any diminution of value) arising under or relating to any items you purchase, order, obtain, or seek to obtain from TF.
If you resort to disputing or reversing a charge or submitting a dispute claim with your financial institution in an attempt to reverse or withhold payment from TOV Furniture for either a portion or the entire sum of your order, you are thereby forfeiting your rights to any promotional offers that were provided with your order. These are including but not limited to reward points and free accidental damage protection plans.