Full House Sales & Lease and its affiliated companies and brands (“Full House,” “we,” “us,” or “our”) provides this website, its constituent webpages, and related websites and website features to you when you (1) visit or shop at any Full House Site, including without limitation, fullhousesales.com, (2) use Full House’s products or services online, through any Full House mobile application, or in any other electronic medium, (3) manage your account electronically, make online payments, use promotional offers electronically, enter contests and sweepstakes electronically, manage deliveries electronically, request service electronically, (4) visit or shop at any other website or application owned or operated by us, contact customer service representatives, or (5) use software provided by us in connection with any of the foregoing (collectively, the “Sites”). The Sites are provided as a service to our customers. Please review these Terms and Conditions that govern your use of the Sites. The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Please read these Terms of Service carefully. By using any of the Sites you: (1) agree to all such terms, conditions, and notices; (2) acknowledge that you have read and understood these Terms and Conditions; (3) represent that you are 18 or older; (4) consent to be legally bound by these Terms and Conditions; and (5) consent and agree to the contents of our Privacy Policy described below. If you do not agree to these Terms and Conditions, do not use the Sites or download any applications.
THESE TERMS AND CONDITIONS ARE AN ENFORCEABLE CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS AND INCLUDES AN ARBITRATION REQUIREMENT. AS EXPLAINED BELOW, YOU AGREE TO RESOLVE ANY AND ALL CLAIMS AND DISPUTES WITH US EITHER THROUGH INDIVIDUAL ARBITRATION OF YOUR CLAIM OR BY ASSERTING YOUR INDIVIDUAL CLAIM IN SMALL CLAIMS COURT.
We reserve the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to any charges associated with the use of the Sites. At certain places within the Sites, there may be additional or other terms, conditions, and policies that apply to your use of that Site. By using those Sites, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. Full House will not “retroactively” change these Terms and Conditions, and any modifications Full House makes shall take effect proactively, once you next access the Sites. By continuing to use the Sites after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. We reserve the right, in our sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.
We recommend that you print a copy of these Terms and Conditions for your records.
1. Privacy & Security
Please read our Privacy Policy which is incorporated into these Terms and Conditions and governs your use of the Sites. By visiting our Sites or purchasing or leasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will control.
2. Product Descriptions & Pricing
We work hard to be as accurate as possible. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item. Despite our best efforts, a small number of items offered on our website may be mispriced. If the correct price of an item sold or leased by us is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notifiy you of such cancellation.
3. Notice to California Residents – Proposition 65
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Full House provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
4. Trademarks; Copyright
All trademarks, service marks, and trade names of Full House on the Sites are trademarks or registered trademarks of Full House. The technology underlying, and the entire content included in, the Sites, including but not limited to text, graphics, and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Full House and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Full House. Full House does not investigate to determine if such works are accurate nor can Full House provide assurance that all such works are free of typographical errors. Full House cannot guarantee information displayed on the Sites to be 100% accurate.
5. Third-Party Links
In an attempt to provide increased value to the visitors of our Sites, Full House may provide links to websites operated by third parties. However, Full House has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Full House. These linked websites are only for your convenience and therefore you access them at your own risk.
6. Your Account
You may need a Full House account to use certain Full House services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. Full House does not sell or lease products or provide services to children. Full House reserves the right to refuse service, terminate accounts, terminate your rights to use the Sites or Full House services, remove or edit content, or cancel orders in its sole discretion.
7. Consumer Transactions
You expressly agree that these Terms and Conditions for use of the Sites are independent and separate from the contract for a purchase or lease transaction that you enter into with us. Any lease transaction with us is governed by your Lease Purchase Agreement, Rent to Own Agreement, Consumer Rental Purchase Agreement, Lease Agreement with an Option to Purchase, Lease Agreement, or Rental Purchase Agreement (as denominated under state law) and is the only contract between you and us with respect to the merchandise and services set forth in that contract. Nothing in these Terms and Conditions should be interpreted to change or modify any terms of that contract, or to create a separate contract between you and us regarding the purchase or lease transaction. In the event of any conflict between these Terms and Conditions and the contract covering your purchase or lease transaction, the contract covering your purchase or lease transaction will apply and prevail.
8. Electronic Communications
When you use the Sites or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through the Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your cellular provider's message & data rates may apply to your use of the Sites, and payment is your responsibility.
9. Online Payments
In using online payment processing, it is your responsibility to ensure that sufficient funds are available to complete any payments directed through the online payment processing system. You agree that you may be charged a returned item fee if sufficient funds are not available at the time of the scheduled payment. Check with your financial institution and/or card issuer to determine if any additional charges for such a debit will apply to your account and ask how electronic payment transactions may be described on your statement. If a transaction is refused by your financial institution for any reason, including insufficient funds, closed account, unauthorized account, or exceeding account limits, the online payment processing system will not be able to process your payment. Under the terms of your agreement with Full House, you may be subject to additional charges if your payment is rejected, reversed or refused by your financial institution.
You may change or terminate your online payment processing enrollment elections at any time by logging on to "My Account" on www.fullhousesales.com. Likewise, we reserve the right to discontinue accepting online payments at any time, for any reason, without prior written notice. We may send notification of termination of these services at any time after the termination is effective.
By enrolling in online payment processing you are authorizing Full House to debit the bank or card account you designate each renewal period to pay automatically the amount due for each agreement you have enrolled.
10. Warranty Disclaimer
THE SITES AND ALL CONTENT PROVIDED ON THE SITES IS provided on an "as is" AND “AS AVAILABLE” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FULL HOUSE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FULL HOUSE Does not represent or warrant that the functions contained ON THE SITES will be uninterrupted or error-free, that the defects will be corrected, or that thE WEBsite or the server that makes thE SITES available are free of viruses or other harmful components. FULL HOUSE Does not make any warrantees or representations regarding the use of the materials ON THE SITES in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. APPLICABLE LAW MAY NOT ALLOW limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Indemnification
You shall indemnify, defend, and hold harmless Full House and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of, resulting from, or related to any violation of these Terms and Conditions, or any activity related to use of the Sites (including negligent or wrongful conduct) by you or any other person accessing the Sites using your Internet account.
12. Limitation of Liability
FULL HOUSE shall not be liable for any direct, indirect, incidental, special, or consequential damages that ARISE OUT OF OR result from the use of, or the inability to use, thE sites OR materials on thE sites, even if full house has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Legal Disputes – The Requirement to Arbitrate
Full House holds in highest regard its relationship with its customers. We work hard to make things right with each and every customer. On rare occasions, a third party may be necessary to help us resolve our disputes, and this agreement limits us to arbitration (or small claims court, if your claim qualifies) in those instances.
YOU AND FULL HOUSE AGREE ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
YOU AND FULL HOUSE FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of Full House, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and Full House, as well as our respective heirs, successors, and assigns.
You and Full House agree that this arbitration requirement is governed exclusively by the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions and the Privacy Policy as a court would.
The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and Full House. You may also choose to have any arbitration, whether commenced by you or Full House, conducted by telephone or based on written submissions only.
The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.
This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Sites, your registration with the Sites, and/or your purchase of products from Full House.
The arbitrator also has the authority to address the legality and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us. This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the Notice Address.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: Office of the President, Full House Sales & Lease, 511 Main St. Westbrook, ME. 04092. The address for the AAA is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may also send a copy to the AAA online at https://www.adr.org.
If you initiate an arbitration, Full House will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and Full House. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and Full House, will be decided by the arbitrator.
14. Waiver of Litigation Rights
IN THE EVENT THAT ANY CLAIMS BETWEEN US PROCEED IN A COURT OF GENERAL JURISDICTION, RATHER THAN IN ARBITRATION OR SMALL CLAIMS COURT, YOU AND FULL HOUSE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO ASSERT CLAIMS BY MEANS (OR AS PART) OF A CLASS ACTION. YOU FURTHER AGREE THAT SUCH LITIGATION SHALL BE ASSERTED IN THE STATE AND FEDERAL COURTS OF THE STATE OF MAINE ONLY.
15. Notice; Contact Information
Full House may deliver notice to you by means of e-mail, a general notice on its Sites, or by other reliable method. You can contact Full House via e-mail at john@rtomaine.biz, by phone at 207-854-6200, or by mail at 511 Main St. Westbrook, ME. 04092. Please include information in your correspondence that will help us assist you with your inquiry or request, together with your name, email address, and mailing address.
16. Right To Consult An Attorney
You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and Conditions and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms and Conditions as provided for by the Sites, you represent that you understand its requirements and agree to be bound by them.
17. Miscellaneous
Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Full House’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms and Conditions constitute the entire agreement between you and Full House with regard to your use of the Sites. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Full House may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
18. Date
These Terms and Conditions were last updated on August 19, 2019.