TERMS OF USE

Thank you for visiting montgomerys.com. We are pleased to make this website available for your use. By using the montgomerys.com website, you agree to abide and be bound by these Terms of Use. Use is voluntary and if you do not agree with the Terms of Use, do not use the montogmerys.com website.

LINKS TO OTHER WEBSITES
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

SUBMISSIONS & USER CONTENT
And and all materials, suggestions, ideas, notes, concepts, comments and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

GENERAL
We make no representation or warranty that the products or services advertised or offered on this Web site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same. These Terms of Use shall be governed by the laws of the State of South Dakota. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, venue shall be in the State ofSouth Dakota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State ofSouth Dakota. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

CONDITIONAL FUNDS/SECURITY INTEREST/TITLE
If at the time of this purchase Buyer tendered payment in the form of a check, certified funds, money order or debit or credit card (other than charges made under a Revolving Charge Agreement or Commercial Contract) to Montgomery’s, Buyer will own the merchandise free and clear of any security interest or claim by Montgomery’s as soon as Montgomery’s receives good funds. If Buyer’s check is dishonored or Montgomery’s otherwise does not receive good funds through such methods of payment for any reason, the unpaid balance will bear interest at the maximum legal rate allowed by law from the date of tender. The maximum fee allowed by law will be assessed on any check returned by Buyer’s bank without payment. Buyer grants Montgomery’s a security interest in the merchandise until such time as good funds are received. If Montgomery’s elects to enforce its rights under this Agreement, including but not limited to, repossessing its collateral, or any other rights with regard to its security under the Uniform Commercial Code and/or applicable law , Buyer agrees to pay reasonable expenses, court costs and attorney fees incurred by Montgomery’s to the extent allowed by applicable law.

WARRANTIES AND DISCLAIMER
Montgomery’s makes no warranties as to any merchandise which extend beyond this Agreement or the requirements of applicable law, if any. Upholstery fabric is not warranted by Montgomery’s except to be in proper condition upon delivery. Except for merchandise sold “As Is,” all manufacturers’ warranties, if any, apply in accordance with their respective terms and conditions. This warranty provision gives Buyer specific legal rights and Buyer may also have other rights which vary from state to state. Note: To the fullest extent allowed by applicable law, Montgomery’s disclaims any and all implied warranties of merchantability or fitness for a particular purpose.

LOST OR DAMAGED MERCHANDISE
Loss or damage to merchandise after Buyer accepts delivery of said merchandise will not release Buyer from the obligation to pay. Buyer agrees and understands that Montgomery’s is authorized to take all necessary action to perfect and continue perfection of its security interest in all merchandise purchased pursuant to this Agreement. This writing, together with all agreements/contracts/documents referenced above, contains the full, final and exclusive statement of the parties.

MISCELLANEOUS
Pricing or mathematical errors are subject to revision by Montgomery’s upon written notice to Buyer.

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