Terms of Use

These Terms of Use (the Terms) govern your access to, use of, and purchases at Stitch Industries Inc. (Joybird, We or our) website (Site located at https://joybird.com/), our applications for mobile devices, or any other services we offer from time to time including linked pages (collectively, the Network), so please read these terms carefully before using the Network. By accessing or using our Network, you agree to be bound all of the terms and conditions described in these Terms, whether or not you are a registered user of our Network. If you do not understand or do not agree to all of these Terms, do not use our Network. Use of our Network is void where prohibited. These Terms have been executed and delivered by you and constitute a valid and binding agreement between you and Joybird, enforceable against you in accordance with their terms.

By accessing or using the Network, including purchasing any products through the Network, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms of Use; (2) that you have the right, authority, and capacity to abide by these Terms of Use; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Network; and (4) you are over 18 years of age.

You are responsible for regularly reviewing these Terms of Use. Joybird reserves the right to update_attributess, change, modify or otherwise alter these Terms of Use at any time without notice to you. Such revisions shall be effective immediately upon posting of the revised Terms of Use on the Network and you agree that you shall be bound by such. ANY ACCESS OR USE OF THE NETWORK BY YOU AFTER THE POSTING OF ANY REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS OF USE. If you do not want to be bound by these Terms of Use, do not use or access any part of the Network.

These Terms of Use are effective unless and until terminated by Joybird. Joybird may terminate these Terms of Use, the Network or any portion thereof, any website or webpage within the Network or any products or services offered through the Network, or terminate your right to access or use the Network or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Network, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall each survive such termination.

Access and use of websites, applications, mobile apps and services

Unless authorized in writing by Joybird, you may use the Network solely for your personal and non-commercial use. You agree to only access or use the Network solely for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Network, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
• hack into the Network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Network;
• damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Network;
• violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
• access or attempt to access any password-protected, secure or non-public areas of the Network without the express permission of Joybird.

For any portion of the Network that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any

Intellectual Property

The Network and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Network are the property of Joybird and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Network "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Joybird be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Network. The Network as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Joybird, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Network, in whole or in part. Any use of the Content, except as specifically provided in these Terms of Use, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Joybird and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Joybird reserves the right, in its sole discretion, to change, delete, update_attributess, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Joybird in any way except to the extent that it is specifically indicated to be so. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT JOYBIRD IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Joybird, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network.

Content you provide (user-generated content)

Joybird welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the "User-Generated Content") from you on the Network, including but not limited to on its blog, product detail webpages and elsewhere. You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, "Submit" or "Submission", as appropriate) to the Network (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Network.

By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Joybird, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Joybird or a third party to post User Generated Content to any public area of the Network, you grant Joybird all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for Joybird to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Joybird, and Joybird makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Joybird reserves the right to remove any User Generated Content from the Network at any time and for any reason.

Limited license; personal, business, and non-commercial use limitation of the content and network

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Network, but only while accessing the Network. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Network for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Network for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.

You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Joybird. Use of any of Joybirds trademarks as metatags on other Networks is also strictly prohibited.

Unauthorized use of the network

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.

You agree that you shall not use the Network for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms of Use. Illegal and/or unauthorized uses of the Network, including, but not limited to, unauthorized framing of or linking to the Network or unauthorized use of any robot, spider, or other automated device on the Network, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Linking to the network

If Joybird authorizes you to deep-link your website or a service offered by your website to the Network, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Joybird has no obligation to continue to provide or make the service or the Network available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in full force and effect; (3) all intellectual property rights relating to Joybird and its technology and Content, including all ownership rights, remain the exclusive property of Joybird; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Joybird may terminate your access to the Network at any time in its sole discretion.

Joybird reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Joybird’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.

Terms of sale; prices

By placing an order with Joybird, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Joybird's acceptance of an order. We retain the right to refuse any request made by you.

Prior to Joybird's acceptance of an order, verification of information may be required. Joybird reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Joybird, for any reason whatsoever. Joybird reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Joybird shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Joybird shall credit your account in the amount of the incorrect price.

Joybird reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.

Please see our Customer Care page and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Joybird reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Joybird as necessary (please see our Shipping and Ordering & Payment webpage and all related webpages for further information).

Reporting

If you see objectionable content or have any questions about these Terms of Use, please contact Joybird at the address noted below.

Offline conduct

Although Joybird cannot monitor the conduct of its users of this Network, it is a violation of these Terms of Use to use any information obtained from our Network in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Violation of these terms of use

You agree that monetary damages may not provide a sufficient remedy to Joybird for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

Disclaimer and limitation of liability

A. Disclaimer. JOYBIRD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, NETWORK AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE NETWORK, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY JOYBIRD OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NETWORK, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY JOYBIRD ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, JOYBIRD MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. JOYBIRD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NETWORK, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS NETWORK OR LINKED TO FROM THIS NETWORK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL JOYBIRD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE NETWORK, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS NETWORK OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, JOYBIRD'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE NETWORK OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NETWORK, AND ALL OTHER USE OF THE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK.

Indemnity

You agree to indemnify, defend and hold harmless Joybird, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Network, Joybird and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms of Use, any warranty you provide herein, or otherwise arising in any way out of your use of the Network or purchase of the products or services therefrom. Joybird reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Joybird in asserting any available defenses.

Modification/termination of network

In the event of termination of the Network, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Joybird shall not be liable to you or any third-party for any termination of your access to the Network or any portion thereof.

General legal provisions

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Network. Access to or use of this Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Joybird as a result of these Terms of Use or use of the Network.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Joybird’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this these Terms of Use is in derogation of Joybird’s right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding your access to the Network. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Warranty

ALL WARRANTIES ARE LIMITED TO MANUFACTURING AND MATERIAL DEFECTS THAT APPEAR UNDER NORMAL, RESIDENTIAL USE. WARRANTIES DO NOT APPLY TO PRODUCTS USED FOR RENTAL, BUSINESS, COMMERCIAL, INSTITUTIONAL, OR OTHER NON-RESIDENTIAL USES. WARRANTIES ARE FOR REPAIR, REPLACEMENT, OR SUBSTITUTION ONLY, IN JOYBIRD’S SOLE DISCRETION. REFUNDS ARE NOT AVAILABLE EXCEPT AS EXPLICITLY PROVIDED HEREIN. WARRANTIES ARE VOIDED BY EVIDENCE OF EXCESSIVE SOILING, IMPROPER CLEANING OR TREATMENT, ABUSE, OR ABNORMAL USE OR USE CONTRARY TO THE ADVISORIES OR INSTRUCTIONS PROVIDED BY JOYBIRD. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THESE WARRANTIES ARE YOUR EXCLUSIVE REMEDY, AND NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, APPLY. IN NO EVENT WILL JOYBIRD BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAD REASON TO KNOW IN ADVANCE THAT SUCH DAMAGES WERE POSSIBLE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THE WARRANTY EXCLUSIONS DO NOT APPLY TO YOU, THEN, WHERE LEGALLY PERMISSIBLE, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD AND NO WARRANTIES APPLY AFTER THAT PERIOD.

GOVERNING LAW This Limited Warranty will be governed by the laws of the State of Delaware.

ARBITRATION In the event a dispute arises between you and Joybird arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800- 778-7879.

You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in Los Angeles, California.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Clearance items

All clearance items sold on our website are as-is and are excluded from our 90-Day Returns and Lifetime Limited Warranty policies. Warranty is only valid in the contiguous 48 states, and will be voided if the item is shipped by a third party outside the US, or forwarded to Alaska or Hawaii. Clearance items cannot be cancelled, returned, or exchanged. Refunds are eligible if your item is damaged during shipping but it must be noted with the shipping carrier upon delivery.

Exclusions

All shipping damage must be reported within 14 days of delivery for all products. 

Warranty is only valid for the original purchaser and does not transfer. 

Warranty is only valid in Joybird’s “Shipping Area” (portions of the contiguous 48 states) and does not apply to any furniture moved outside of the Shipping Area.

Rugs, Accessories, and Home Decor items are excluded from all warranty coverage. Any damages or defects must be reported within 14 days of delivery for a replacement.

All clearance items sold on our website are as-is and are excluded from our 90-Day Returns and Lifetime Limited Warranty policies. Clearance items cannot be cancelled, returned, or exchanged. Refunds are eligible if your item is damaged during shipping but it must be noted with the shipping carrier upon delivery.

*Limited lifetime warranty applicable for up to ten years from original purchase; the expected lifetime of said product.

Gift cards

Gift Cards are redeemable for merchandise only and are not redeemable for cash, except as required by law. In California, you can redeem Gift Cards for a cash refund if the remaining balance is $10.00 or less. Joybird does not accept responsibility for cards lost, damaged or stolen, or any unauthorized use of cards and unauthorized resale is prohibited. Returned merchandise purchased with a Joybird Gift Card will be refunded to a Joybird Gift card. The card may not be used to purchase another gift card or toward previously purchased merchandise.

Offers, promotions, and customer credits

Joybird may from time to time and in its sole discretion make available special offers to its customers and promotional codes that provide an opportunity for customers to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Joybird). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Joybird; (iii) may be disabled by Joybird at any time for any reason without liability to Joybird; (iv) may only be used pursuant to the specific terms that Joybird establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met. Joybird reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Joybird determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Everyday Value products are not eligible for coupons and cannot be combined with sales or promotions. 

Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits. Customers who return or cancel their items may have credits voided and may not be eligible for future reviews or photo submissions credits.

Joybird reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Joybird reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Joybird. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Joybird terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Joybird and such determination is final.

Copyright

© Stitch Industries Inc. 2014-2019, all rights reserved.

All materials on the Network (as well as the organization and layout of the Network) are owned and copyrighted or licensed by Joybird, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Network is permitted without the written permission of Joybird. Any rights not expressly granted herein are reserved by Joybird.

Copyright policy

Joybird’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owners legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on or through our Services;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• 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 owners behalf.

Pursuant to Title 17, United States Code, Section 512 (the Digital Millennium Copyright Act), notifications of claimed copyright infringement should be sent to Joybird’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Stitch Industries Inc.
Attn: Legal Department
767 S. Alameda St., Suite 360
Los Angeles, CA 90021

Trademarks

Joybird, and all related names, logos, product and service names, designs and slogans are trademarks of Joybird or its affiliates or licensors. Such marks cannot be used without the prior written permission of Joybird. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Effective Date

May 19, 2019