PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF OU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE IS EFFECTIVE AS OF 8/1/2016.
ACCEPTANCE OF TERMS
the following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with North Field LLc, also known as North Field, located in Port Washington, Wisconsin and our subsidiaries and affiliates, in association with the use of the North Field website, which includes, www.northfieldstore.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site and downloading product information for your personal review for purchase.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The users acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of North Field LLC. At it discretion, North Field LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. North Field LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that North Field LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such a posting of any updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such North Field LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to the store user content, communication or personalization settings.
North Field LLC makes a great effort to show our products and finishes as accurately as possible, although each computer monitor will display colors differently we cannot guarantee that the users’s computer monitor will display the finish as accurately. We maintain our website with up-to-date information however we cannot guarantee that are items will not be discontinued from production or out-of-stock. North Field LLC is not responsible for missing or incorrect production information or errors.
Prices are subject to change, due to the cost of materials. At this time, we are unable to fulfill orders that are placed outside the United States. All prices shown are in U.S. dollars.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statues and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be in a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology of any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
North Field LLC shall not lay claim to ownership of any content submitted by any visitor or user, not make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for North Field LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for the inclusion on the publicly accessible areas of North Field LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. The license shall be available so long as you are a member of North Field LLC’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of North Field LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for he sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available as long as you are a member of North Field LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of North Field LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of North Field LLC’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
North Field LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or propriety information;
b) North Field shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) North Field shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of North Field; and
e) North Field is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold North Field LLC, our subsidiaries, affiliates, agents,employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of North Field Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to North Field’s sites.
North Field LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that North Field LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either North Field LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse not are we responsible or liable for any content, products, advertising or any other materials, on or available for such third parties or resources, Furthermore, you acknowledge and agree that North Field LLC shall not be responsible of liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance of any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that North Field LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services and by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by North Field LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on North Field LLC Services (e.g. Content or Software), in whole or part.
North Field LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern andy source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access our Services through any means other than the interface which is provided by North Field LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NORTH FIELD LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND /OR “AS AVAILABLE” BASIS. NORTH FIELD LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) NORTH FIELD LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSERS MAKE NO SUCH WARRANTIES THAT (i) NORTH FIELD LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NORTH FIELD LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)THAT SUCH RESULTS WHICH MAY BE OBTAINED FRO THE USE OF THE NORTH FIELD LLC SERVICES OF SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NORTH FIELD LLC SERVICES OF SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISKL, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAIN BY YOU FROM NORTH FIELD LLC OR BY WAY OF OR OUR SERVICES OF SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NORTH FIELD LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OF INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHIC MAY BE RELATED TO OUR SERVICE.
In the event that you have a dispute, you agree to release North Field LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising our of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. North Field LLC’s content is provided primarily for informational proposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. North Field LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
You herein acknowledge, understand and agree that all of the North Field LLC trademarks, copyright, trade name, service marks, and other North Field LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of North Field LLC. You herein agree not to display and/or use in any manner the North Field LLC logo or marks without obtaining North Field LLC’s prior consent.
North Field LLC reserves the right to update and revise this TOS without notice, you are bound by any revisions.
Terms and Conditions
By purchasing from us you agree to follow these Terms and Conditions.
Dimensions North Field LLC reserves the right to make adjustments to design and/ or dimensions without prior notice. Dimensions are within the nearest ½”.
Finishes and Materials North Field LLC uses only the highest quality materials on all furniture.
Finish samples are available upon request - due to the subtle variations in wood; samples are only a representation of the finish.
Delivery Delivery will be determined based on quantity. North Field LLC determines what method of delivery is used. All shipping charges are to be paid prior to delivery. It is the Customer’s responsibility to unpack and install furniture. North Field LLC is not liable for limitations that prevent delivery of furniture or damage that occurs during the installation of furniture. All damage incurred during shipping is the responsibility of the freight carrier. It is the Customer’s responsibility to check furniture upon arrival for damages, if damage has occurred a freight claim must be submitted to the freight carrier. A written authorization is needed from North Field LLC to return a damaged item.
Cancellations Cancellations of custom orders are subject to a cancellation fee of fifty percent (50%) of the total estimated price, less Customer’s nonrefundable deposit (if applicable). Customer agrees that this is a fair and reasonable estimate of Company’s losses upon Customer’s cancellation of a custom order. No Returns or Exchanges for custom orders.
Custom Orders North Field LLC does receive requests for custom orders. Contact us by email, fax or call to speak to a representative. We will review the request and if we are able to meet your requirements we may send you an invoice to review and sign. Additional charges apply to any and all custom orders. These orders must be paid in full prior to production and cannot be cancelled or returned once the order has been placed.
However, given the fluctuating price of goods, materials, and labor, this estimate is only valid for thirty (30) days from the date on the invoice.
Custom Orders - Payment The total cost of the project is due prior to production and delivery of any custom project.
A. Prices do not include storage or installation of items.
B. Prices are subject to change without prior notice.
C. Returned Checks - There is a fee of thirty dollars ($30.00) or five percent (5%) of the face amount of the check, whichever is greater, on all returned checks.
D. Interest – A 1.5% per month finance charge will be assessed on all invoices past due over 30 days.
E. Waiver - Any disagreement with an invoice must be made in writing to North Field LLC within ten (10) days of the date of such invoice. Customer acknowledges that, by failing to provide said notice, it forever waives any and all disputes with North Field LLC as to the proper amount of said unpaid invoice. If Customer fails to provide the notice as contemplated herein, Customer will be deemed to have waived any and all complaints and/or disputes with said invoice.
Default - In the event of nonpayment of any sums owed under this Agreement or under the final invoice, Customer shall be liable to and agrees to pay North Field LLC, or its successors and assignees, for its reasonable costs and attorneys’ fees if company, or its successors and assignees, is the prevailing party in an action to collect on past due sums.
Time line All agreements as to the timing to complete a particular project are subject to change due to delays beyond the Company’s control. North Field LLC shall not be responsible or liable for delays beyond its control, whether caused by weather, acts of god, strikes, war, supply interruption, or other causes similarly beyond Company’s control.
A. This Agreement does not include structural or electrical engineering, obtaining any necessary government approval, or installing/setting up the furniture.
Customer acknowledges that, due to delays, some of which have been previously enumerated above, North Field LLC may not always have Customer’s furniture ready for pick up or delivery on the estimated date. In the event that North Field LLC cannot meet an estimated deadline with Customer, the North Field LLC shall notify Customer as soon as is practicable about Company’s possible delay. If the aforementioned notice to Customer was not in writing, then Customer shall be entitled to such written notice of the delay, and North Field LLC shall provide it upon Customer’s request. Reasonable delays by Company shall NOT give Customer the right to terminate this Agreement, unless Customer’s Agreement with Company specifically states that time is of the essence in receiving the furniture requested. Notwithstanding the foregoing, Company agrees that it will take all reasonable steps to ensure that its estimated completion dates are met.
A. Time Limit - The services furnished hereunder are warranted to be free from manufacturing defects for a period of one (1) year from the date of purchase.
B. Coverage – This warranty shall cover services and labor rendered, but shall not cover goods or materials used.
1. Any work covered by warranty must be requested in written form from customer and sent to Company at least sixty (60) days before warranty expires.
C. Limitation of Damages –This warranty only entitles Customer to a repair, and repairs will be made, if Customer is entitled to same, when practical for the Company.
D. The customer's sole and exclusive remedies hereunder will be limited to this clause.
E. Notice - Customer must notify Company in writing, and upon inspection, Company must have found such work to be defective and covered by this limited warranty.
F. The express warranties set forth in this agreement are in lieu of all other warranties, express or implied, including without limitation, and any warranties of merchantability or fitness for a particular purpose. In no event shall North Field LLC be liable for any direct, indirect, incidental, or consequential damages resulting from any defect in the materials even if North Field LLC has been advised of the possibility of such damages. Customer shall not be entitled to specific performance in connection with this agreement.
The foregoing warranties are contingent upon the proper use of the furniture and the conditions within the next section labeled “Warranty Limitations.”
Limitation of Liability/Remedies The parties acknowledge and agree that North Field LLC will not be liable to persons injured on or by the furniture ordered. Customer waives all claims existing now or at any time in the future against North Field LLC unless such claims are due to the Company’s reckless or intentional conduct.
A. Delegation – North Field LLC may delegate its duties hereunder at its sole option, provided that delegate can perform the tasks required in this Agreement in an equal or better manner than North Field LLC.
B. Modification - This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the customer and of North Field LLC.
C. All accompany ing drawings, schedules, and diagrams, and specifications, and schemes outlined and depicted thereon the exclusive property of North Field LLC, and shall not be disseminated or used for any purpose without Company’s prior written consent.
D. Company shall have the right to substitute materials of equal or greater quality when necessary.
E. There are occasionally errors in descriptions, images, or prices on certain pieces- North Field LLC may restrict orders on those items.
F. North Field LLC reserves the right to edit, change or update information (including Terms and Conditions) on this site without prior notice- including after you have placed your order.