Terms of Use
A legal disclaimer
Your utilization of this website is subject to the Terms of Use. By using the www.dreamhomecc.com website, you are acknowledging your acceptance of these regulations and are obligated to adhere to them. If you do not consent to any of these terms of use, please refrain from using the www.dreamhomecc.com website.
These Terms of Use May Change
Dream Home Real Estate of Central Coast, Inc. DBA Dream Home Furniture, reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the www.dreamhomecc.com website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Website.
Use of Website
The www.dreamhomecc.com website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Dream Home Furniture’s goods and services and/or to otherwise transact business with or contact Dream Home Furniture, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Dream Home Furniture expressly prohibits third parties from opting out of Dream Home Furniture’s services and/or contacts on behalf of a Dream Home Furniture customer or other person or entity, without both (a) Dream Home Furniture’s full knowledge as to the surrogate action being taken and (b) Dream Home Furniture’s express permission. This prohibition is intended to protect the privacy and freedom of Dream Home Furniture’s customers and the personal relationship Dream Home Furniture works to develop with its customers and others authorized to use its Website.
Copyright Notice
All content displayed on this Website, including, but not limited to, page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to as the “Content”), is the exclusive property of Dream Home Furniture. The Content is also subject to trademark, service mark, trade dress, copyright, and other intellectual property rights or licenses held by Dream Home Furniture, its affiliates, or third parties who have licensed or assigned their rights, interests, and materials to Dream Home Furniture. The entire Content of the www.dreamhomecc.com Website is protected by copyright as a collective work under U.S. and other applicable copyright laws, with Dream Home Furniture owning the copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content of the www.dreamhomecc.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of our Website users. As a user, you may download, print, and store selected portions of the Content, provided that you use such copies only for your personal and non-commercial use, refrain from copying or posting the Content on any network computer, broadcasting the Content in any media or format, modifying or altering the Content, deleting or changing any copyright or trademark notice, and properly crediting any intellectual property rights to Dream Home Furniture. Any downloaded or copied materials do not transfer any right, title, or interest to you. Dream Home Furniture retains complete title and full intellectual property rights in any Content downloaded from this Website. Except as outlined above, you are not permitted to copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content without obtaining prior express written permission from Dream Home Furniture.
Color Descriptions
While we have made every effort to present the colors of the products on this Website as accurately as possible, please note that the color representation may vary depending on your monitor. Therefore, we cannot ensure that the color displayed on your monitor will be entirely accurate
Pricing
The prices listed on this Website are in U.S. Dollars and are applicable only within the United States. For orders outside the U.S. or into U.S. territories, additional shipping and related charges may be incurred. You will be informed of any such charges and your responsibility for them before we confirm and dispatch your order. While we strive to ensure the accuracy of taxes quoted for specific orders and shipping locations, if an incorrect tax quote is provided, we will notify you of the error before finalizing and shipping your order. You are accountable for all relevant taxes, irrespective of the quoted amount on this Website at the time of your order. Product availability and pricing are subject to change. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update product pricing, availability, or other details at any time without prior notice (even after you have placed your order). If you prefer not to proceed with your purchase following corrections to pricing or other details, please contact us promptly, and we will assist you in canceling or returning your order.
Disclaimer
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT DREAM HOME FURNITURE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DREAM HOME FURNITURE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Dream Home Real Estate of Central Coast, Inc. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DREAM HOME FURNITURE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Indemnification
To the maximum extent allowed by the law, you agree to protect, indemnify, and absolve Dream Home Furniture and its Affiliates from any and all claims, damages, costs, and expenses, including legal fees, arising from or connected to your use of the Website, which includes, but is not limited to, your use of the www.dreamhomecc.com Website in contravention of these Terms of Use.
Arbitration Agreement & Waiver of Certain Rights
You and Dream Home Furniture agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Dream Home Furniture hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Dream Home Furniture relating to these Terms of Use or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dream Home Furniture will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Dream Home Furniture from seeking action by federal, state, or local government agencies. You and Dream Home Furniture also have the right to bring qualifying claims in small claims court. In addition, you and Dream Home Furniture retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Dream Home Furniture may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Dream Home Furniture’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Dream Home Furniture.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DREAM HOME FURNITURE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Other Provisions
Any action relating to the use of the Website, any mobile applications, catalogs or any transaction with Dream Home Furniture must be brought in the state or federal courts located in California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.