Shopping Cart Buyer Agreement

This Shopping Cart Buyer Agreement governs any purchases you make through the ThePurpleCouch.com Shopping Cart. PLEASE READ THIS SHOPPING CART BUYER AGREEMENT CAREFULLY.

Agreement to ThePurpleCouch.com’s Terms of Use and Privacy Policy. The terms of this Shopping Cart Buyer Agreement are in addition to and supplement ThePurpleCouch.com’s Terms of Use and Privacy Policy that you agreed to upon creating your My Account. By clicking below to enter this Shopping Cart Buyer Agreement, you also reaffirm your agreement to abide by ThePurpleCouch.com’s Terms of Use and Privacy Policy.

Making Shopping Cart Purchases. ThePurpleCouch.com provides the Shopping Cart for buyers to purchase products from ThePurpleCouch.com. When you make a purchase through the Shopping Cart, you are purchasing the product from ThePurpleCouch.com. You agree that ThePurpleCouch.com is not an agent for you and has no authority to act on your behalf. ThePurpleCouch.com reserves the right to change any of the terms and conditions contained in this Shopping Cart Buyer Agreement or any policies or rules governing the Shopping Cart at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Shopping Cart Buyer Agreement or such policies and rules on the ThePurpleCouch.com site. Material changes to the Shopping Cart Buyer Agreement shall be accompanied with a 30 day notice on the Shopping Cart area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Shopping Cart Buyer Agreement. YOUR CONTINUED USE OF THE SHOPPING CART FOLLOWING ANY SUCH REVISIONS TO THE SHOPPING CART BUYER AGREEMENT OR SUCH POLICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE SHOPPING CART AND ASSOCIATED SERVICES.

Shipment. Shipment of the products you purchase in the Shopping Cart are made by ThePurpleCouch.com. You agree that ThePurpleCouch.com shall provide to the shipping service your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.

Privacy. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT THEPURPLECOUCH.COM SHALL PROVIDE SHIPPING SERVICES WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SHIPPING SERVICES TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR “SHIP TO” INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT THEPURPLECOUCH.COM SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other Shopping Cart users when you use the Shopping Cart. You hereby represent, warrant and agree (a) not to use any information regarding other Shopping Cart users which is accessible from the Shopping Cart or that may be disclosed to you by ThePurpleCouch.com, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct ThePurpleCouch.com deems unacceptable or objectionable.

Payment. When you make a purchase through the Shopping Cart, you pay the ThePurpleCouch.com through your ThePurpleCouch.com My Account using a valid credit card issued to you. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon ThePurpleCouch.com’s receipt of the order. You hereby authorize ThePurpleCouch.com to charge your credit card accounts for any amount that you may owe ThePurpleCouch.com. In addition, ThePurpleCouch.com may also set off any amounts that you owe to ThePurpleCouch.com or against any amounts owed to you by ThePurpleCouch.com. IN FACILITATING YOUR PAYMENT, THEPURPLECOUCH.COM DOES NOT PROVIDE YOUR CREDIT CARD INFORMATION TO THE SHIPPING SERVICE.

Taxes. You agree that you are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Shopping Cart purchase. You are responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that ThePurpleCouch.com has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold ThePurpleCouch.com harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.

Changing or Cancelling Shopping Cart Orders. Once you have placed an order for a product in the Shopping Cart, ThePurpleCouch.com will be handling all aspects of the order process. ThePurpleCouch.com will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact ThePurpleCouch.com for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.

Shopping Cart Customer Service. Other than to verify that payment through your My Account was completed, ThePurpleCouch.com does not provide any customer support for any purchase you make through the Shopping Cart, and you agree that ThePurpleCouch.com is not responsible to provide any such support.

Shopping Cart Returns. You may not make any returns to ThePurpleCouch.com of products you purchase in the Shopping Cart unless the product is returned within 14 days of purchase and determined to be defective, damaged, or incomplete and verified as such at the sole discretion of ThePurpleCouch.com/Moving Pictures, Inc. Please see our Returns Policy for more information.

Use of Shopping Cart. You hereby represent and warrant that your use of the Shopping Cart will comply with applicable laws, ordinances and regulations. ThePurpleCouch.com may exclude any buyer, including you, from making purchases in the Shopping Cart at any time and for any reason.

Dispute Resolution Steps, Shopping Cart Guarantee and Refunds. If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Shopping Cart, you must contact ThePurpleCouch.som directly to attempt to resolve the problem.

Indemnity. You agree to indemnify, defend and hold harmless ThePurpleCouch.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Shopping Cart Buyer Agreement, or your violation of any law, regulation or third-party right.

RELEASE. IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE SHOPPING CART RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE SHOPPING CART, YOU HEREBY RELEASE THEPURPLECOUCH.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]” WARRANTY DISCLAIMER. THE THEPURPLECOUCH.COM SHOPPING CART AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” THEPURPLECOUCH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THEPURPLECOUCH.COM SHOPPING CART, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE THEPURPLECOUCH.COM SHOPPING CART, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SHOPPING CART, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL THEPURPLECOUCH.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SHOPPING CART BUYER AGREEMENT, YOUR USE OF THE THEPURPLECOUCH.COM SHOPPING CART OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE SHOPPING CART, ANY DELAY OR INABILITY TO USE THE THEPURPLECOUCH.COM SHOPPING CART OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE THEPURPLECOUCH.COM SHOPPING CART, OR OTHERWISE ARISING OUT OF THE USE OF THE THEPURPLECOUCH.COM SHOPPING CART OR THE THEPURPLECOUCH.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THEPURPLECOUCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS SHOPPING CART BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT THEPURPLECOUCH.COM SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY THEPURPLECOUCH.COM IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE SHOPPING CART. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THEPURPLECOUCH.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS SHOPPING CART BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

General. No delay or failure by ThePurpleCouch.com to take action under this Shopping Cart Buyer Agreement shall constitute any waiver by ThePurpleCouch.com of any provision of this Shopping Cart Buyer Agreement. If any provision of this Shopping Cart Buyer Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Shopping Cart Buyer Agreement will continue in full force and effect. This Shopping Cart Buyer Agreement will bind and inure to the benefit of ThePurpleCouch.com’s successors and assigns. Any claim under this Shopping Cart Buyer Agreement must be brought within one (1) year after the cause of action arises. This Shopping Cart Buyer Agreement shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this Shopping Cart Buyer Agreement shall be the state and federal courts sitting in San Diego County, in the State of California. This Shopping Cart Buyer Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Shopping Cart Buyer Agreement shall be null and void. ThePurpleCouch.com may freely assign this Shopping Cart Buyer Agreement without consent or notice. This Shopping Cart Buyer Agreement Shopping Cart Buyer Agreement constitutes the complete and exclusive agreement between ThePurpleCouch.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.