Cardi’s Furniture & Mattresses Website
LAST UPDATED: November 1, 2023
Welcome to the website for Cardi’s Furniture & Mattresses (“we”, “us”, “our” or “Cardi’s”).
We may amend the Terms by posting the amended version on our Website. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Website more than 30 days after we post an amended version, you confirm your acceptance of, and agreement to, the Terms as amended. If you do not agree with any of the changes, you must immediately stop using the Website, and your license to use the Website will immediately terminate.
Certain areas within the Website may be governed by additional terms posted in or linked to such areas ("Additional Terms"). By using those areas of the Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.
IMPORTANT: PLEASE REVIEW SECTION 2 SET FORTH BELOW (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH CARDI’S ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST CARDI’S ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST CARDI’S, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST CARDI’S BY SOMEONE ELSE.
INITIAL DISPUTE RESOLUTION AND NOTIFICATION. You and Cardi’s agree that, prior to initiating an arbitration or other legal proceeding, you and Cardi’s will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against Cardi’s, you must send a Notice of Dispute (“Notice”) by certified mail to: Cardi’s Furniture and Mattresses, Attn: Legal Department, One Furniture Way, Swansea, MA 02777. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
Your Notice to Cardi’s must contain all of the following information: (1) your full name, address, and relationship to Cardi’s; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Cardi’s to disclose information about you to your attorney.
After receipt of your Notice, you and Cardi’s shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Cardi’s may initiate an arbitration or other legal proceeding.
If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided below, except for Disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and Cardi’s each retain 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 copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.
“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and Cardi’s concerning the Websites or Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Cardi’s empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable.
CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND CARDI’S EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND CARDI’S AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OR CUSTOMERS, OR ANY OTHER PERSONS. As such, you and Cardi’s acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these terms. Neither you nor Cardi’s may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and Cardi’s from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.
A. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, the Supplementary Procedures for Consumer Related Disputes, and/or the Supplementary Rules for Multiple Case Filings (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
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 and 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 Rhode Island.
B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Rhode Island and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
4. Acceptable Use.
Our goal is to create a respectful, positive, and safe environment for our Website users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Website. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate. You may use the Website only for lawful purposes and in accordance with these Terms, and you agree not to use the Website:
* to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Cardi’s, our suppliers or licensors, or users of the Website, or expose them to liability.
Additionally, you agree not to:
* use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
* modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website;
* remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website;
* use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the content on the Website, or otherwise use data extraction, scraping, mining, or other data-gathering tools, or create a database by systematically downloading or storing the Website content;
* introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
* attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer or database connected to the Website;
* attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
* use any device, software or routine, or otherwise attempt to interfere with the proper working of the Website.
The Website and all rights, title, and interest therein are and shall remain the property of Cardi’s or its suppliers or licensors. This includes without limitation all software, text, displays, images, titles, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, and moral rights, as well as all Cardi’s or its suppliers’ or licensors’ names, representations and likenesses, trademarks, logos and designs, or product and service marks (collectively, “Protected Material”). Except for the limited license granted below, neither these Terms nor your use of the Website convey or grant to you any rights in or related to the Website, or any right to use or reference Protected Material. Protected Material displayed in the Website is the property of Cardi’s or its suppliers or licensors. You may not remove, copy or alter any Protected Material. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by Cardi’s.
Subject to your agreement to the Terms and your continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Website for your own personal, non-commercial use. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of them, except as expressly authorized by us. We reserve the right to withdraw or amend the Website, and any functionality, service, or content we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
7. Your Cardi’s Account.
You may need to register to use all or part of the Website. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Cardi’s, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or account. In addition to all other rights available to Cardi’s, including those set forth in these Terms, Cardi’s reserves the right, in its sole discretion, to terminate your account.
The Website may make available product listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"). We make no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Website does not imply or warrant that these Products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
We may make available the ability to purchase or otherwise obtain certain Products through the Website (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT INFORMATION THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.
You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though the Website and to facilitate future Transactions you may initiate through the Website. You may withdraw your consent permitting Cardi’s to store your Payment Information by adjusting your settings in "My Account".
Cardi’s reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed using the Website, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Returns and exchanges of Products are governed by Cardi’s “No Worries” return policy and “Comfort Assurance” policy, which are located here.
11. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. Linking to the Website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. Subject to the foregoing, you shall not (i) establish a link from any website that is not owned by you, (ii) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) link to any part of the Website other than the homepage, or (iv) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.
13. Links from the Website.
The Website may contain links to other websites and resources provided by third parties (including, for example, third-party companies offering financing and leasing options); these links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
To the extent that any content generated through your use of the Website (“User-Generated Content” or “UGC”) gives rise to any copyright interest, you hereby grant Cardi’s an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Website and related goods and services, and to distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Cardi’s use and enjoyment of such assets in connection with the Website and related Products under applicable law. The foregoing license grant to Cardi’s, and the above waiver of any applicable moral rights, survives any termination of this license.
You are solely responsible for the UGC you submit, and Cardi’s assumes no liability for any UGC 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 UGC; (ii) alter, remove, or refuse to post or allow to be posted any UGC; and (iii) disclose any UGC, and the circumstances surrounding its transmission, to any third party.
15. Geographic Restrictions.
Cardi’s is based in the State of Rhode Island in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. CARDI’S WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS ARE MADE AVAILABLE TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) CARDI’S DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIS PARAGRAPH DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF CARDI’S AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "AFFILIATED ENTITIES").
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CARDI’S WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR MISUSE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE WEBSITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CARDI’S WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
TO THE EXTENT THAT CARDI’S MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF CARDI’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH CARDI’S AND ITS AFFILIATED ENTITIES.
You agree to indemnify, defend, save, and hold Cardi’s and its Affiliated Entities harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including legal fees and expenses, arising out of or relating to: (i) your use of the Website; (ii) your actual or alleged breach or violation of these Terms; and (iii) your UGC. You are solely responsible for defending any claim against Cardi’s or an Affiliated Entity, subject to Cardi’s or such Affiliated Entity’s right to participate with counsel of its own choosing at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including legal fees and expenses, resulting from all claims against Cardi’s or an Affiliated Entity, provided that you will not agree to any settlement that imposes any obligation or liability on Cardi’s or its Affiliated Entity without its prior express written consent. If Cardi’s or an Affiliated Entity assume the defense of any claim, you agree to cooperate with the defense of such claims.
a. Term and Termination. We reserve the right to condition your license to access and use the Website on your agreement to, and compliance with, these Terms. We also reserve the right to terminate your license to access and use the Website, at any time, for any reason or no reason, in our sole discretion. You may terminate these Terms by discontinuing your use of the Website. Notwithstanding such a termination, Sections 2, 5, 10, 14, 16, 17, 18 and 19 of the Terms will remain in force, and you will continue to be liable for all your activities during the time you used the Website.
Email address: firstname.lastname@example.org
We do not promise that the Website or Website Content will be error-free, uninterrupted or without inaccuracies. We do not deliver to the state of California. Cardi's Furniture & Mattresses has the right to cancel and refund orders due to pricing errors.