Terms of Use

Last Updated: June 23, 2016

These Terms of Use (these “Terms”) govern your access and use of this web site (the “Site”), made available to you by Walter K. Inc. and its affiliates (together, “Walter K.,” “we,” “us,” or “our”). BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE.

1. CHANGES TO TERMS

We reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site. By accessing or using the Site after such changes are posted you agree to all such changes.

2. PRIVACY POLICY

Access to this Site may be monitored. In addition, we may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to such data collection as set forth in our Privacy Policy.

3. THIRD-PARTY WEB SITES

The Site may link to, or be linked to, web sites not maintained or controlled by Walter K., for example, furniture dealer web sites. Such links are provided as a convenience and Walter K. is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through such web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

4. INTELLECTUAL PROPERTY RIGHTS

The Site, including without limitation its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, product names, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Walter K. or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Walter K. or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

5. PRODUCTS

Our products may not be available in all areas. To find a dealer, visit the Site’s dealers page.

6. USE OF THE SITE

You may download and print one copy of the Site’s visible content, including our furniture product brochures and other written materials, for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, otherwise distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Walter K. For example, you may not copy, reproduce, publish, upload to another web site, or otherwise distribute any of the images on the Site. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. User activities that aim to render the Site and associated services inoperable, or at least to make their use more difficult, are forbidden and may lead to civil and criminal action being taken.

7. FEEDBACK

Walter K. welcomes comments regarding the Site. If you elect to submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments or feedback that you send us in our discretion and without attribution or compensation to you.

8. COMPLIANCE WITH LAWS; CONDUCT

You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site. You may only use the Site for lawful purposes and in accordance with these Terms.

9. NO WARRANTY

The Site is provided “as is,” “as available,” and without any warranty of any kind. Neither Walter K. nor its suppliers or licensors are responsible for providing maintenance or support services for the Site. Walter K. makes commercially reasonable efforts to ensure that all material, information, and data on the Site is accurate and reliable, but accuracy cannot be guaranteed. Walter K. does not guarantee the quality, completeness, timeliness, or availability of the Site. Walter K. does not warrant that the Site will be uninterrupted or free of error, that any defects in the Site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. To the maximum extent permitted by law, Walter K. expressly disclaims all warranties of any kind with respect to the Site, including without limitation those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement. Walter K. has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. Your use of the Site is at your own risk and you alone are responsible for any damage to your computer hardware, software, systems, or networks, any loss of data that results from the download of any information, and for any other damage that may be incurred. No advice or information, whether oral or written, obtained by you from Walter K. or in any manner from the Site creates any warranty.

10. NO LIABILITY

In no event will Walter K. or its directors, officers, employees, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the site or your use of the Site, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if Walter K. has express knowledge of the possibility of such loss or damage. Your sole and exclusive remedy is to stop accessing and using the Site. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. Without limiting the foregoing, if Walter K. is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms or the Site, the maximum liability for all such claims and other matters will not exceed $100, even if such remedy fails of its essential purpose.

11. INDEMNIFICATION

You will indemnify, defend, and hold harmless Walter K. and its directors, officers, employees, representatives, consultants, agents, suppliers, and licensors and from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, or your violation of these Terms. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

12. LINKING TO THE SITE

If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “http://www.walter-k.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Walter K.’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity other than Walter K. is associated with or sponsored by Walter K.; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” Walter K. reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

13. DISPUTES

These Terms are governed by the laws of the state of New York, without regards for its conflict of law principles. Venue is exclusively in New York County, New York, with respect to any dispute arising under these Terms unless otherwise determined by Walter K. in its sole discretion. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

14. ASSIGNMENT

We may assign our rights and delegate our duties under these Terms at any time to party without notice to you. You may not assign these Terms without our prior written consent.

15. NO THIRD-PARTY BENEFICIARIES

These Terms do not confer any rights, remedies, or benefits upon any person other than you.

16. INTERPRETATION

These Terms, including the Privacy Policy, are the entire agreement between you and Walter K. with respect to your access to and use of the Site. Walter K.’s failure to enforce any provision in these Terms will not constitute a waiver of such provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Walter K. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Walter K.’s successors and assigns.

17. SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.

18. ELECTRONIC COMMUNICATIONS

These Terms and any other documentation, agreements, notices, or communications between you and Walter K. may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

19. CONTACT US

If you have any other questions or concerns regarding these Terms, please contact us at: .

Copyright © 2016 Walter K. Inc. All rights reserved.