Welcome to ForPatio.com
(the "Site"), operated by My New Stores, Inc., an
Illinois corporation ("ForPatio," "we,"
"us," or "our"). These Terms of Use
(the "Terms") cover your access to and use of the Site
and any features, products, content, or services offered through it.
By browsing the Site, creating an account, placing an order, or otherwise
interacting with us online, you agree to be bound by these Terms. They
form a legally enforceable agreement between you and ForPatio —
please read them carefully. If any part of these Terms is unacceptable
to you, please do not use the Site.
1. Who Can Use the Site
You must be at least 16 years old and legally able to enter into a contract
to use the Site. By accepting these Terms, you confirm that you meet these
requirements. If you are agreeing on behalf of a business, organization,
or other entity, you represent and warrant that you have the authority to
bind that entity to these Terms.
2. Your Privacy
Our Privacy Policy explains how we
collect, use, and safeguard the information you share with us, and is
incorporated into these Terms by reference. If anything in the Privacy
Policy conflicts with these Terms, these Terms will control.
3. Updates to These Terms or the Site
The patio industry, our brand partnerships, and the law all evolve, so we
may revise these Terms, our Privacy Policy,
or any feature of the Site at any time. Updates take effect as soon as we
post them, and your continued use of the Site after that point means you
accept the revised Terms. We will signal material changes by updating the
"Last Updated" date above and, where appropriate, posting a notice on the
Site or emailing registered customers.
We may also change, suspend, or discontinue any portion of the Site —
catalogs, tools, accounts, content — at our discretion and without
advance notice.
4. Accounts & Account Security
Some Site features (saved wish lists, order history, saved shipping
addresses) require an account. You agree to provide accurate information,
keep your login credentials confidential, and accept responsibility for
all activity that occurs under your account, whether or not you authorized
it. If you suspect any unauthorized access, contact us immediately at
support@forpatio.com.
Impersonating another person or creating accounts under false pretenses
is prohibited.
5. How You May Use the Site
The Site is intended for personal, non-commercial use unless we have given
you written permission otherwise (such as a trade or designer program
enrollment). You agree not to use the Site in any way that violates these
Terms, applicable law, or harms ForPatio, our affiliates, our brand
partners, our customers, or any third party. We may suspend or terminate
your access to the Site at any time for any reason, including suspected
violations.
6. Intellectual Property
All material on the Site — including text, photography, illustrations,
graphics, layouts, software, source code, logos, and trademarks
(collectively, "Site Content") — is owned by
ForPatio, our affiliates, or our licensors (including the manufacturers
whose products we sell), and is protected by U.S. and international
intellectual property laws.
You may view and download Site Content for your personal, non-commercial
use only. You may not reproduce, republish, distribute, modify, scrape,
create derivative works from, or otherwise exploit Site Content without
our prior written consent. Manufacturer logos, brand names, and product
images remain the property of their respective owners and are used by
permission of those owners.
7. Products, Pricing & Orders
We work hard to present accurate descriptions, finishes, dimensions, lead
times, and prices, but errors do occur. We reserve the right to:
- Correct typographical, photographic, or pricing errors at any time, even after an order has been submitted;
- Limit order quantities, restrict purchases by region, or refuse service to anyone for any lawful reason;
- Cancel orders that we believe were placed with inaccurate or fraudulent information.
Submission of an order is an offer to purchase — not a binding sale.
A contract of sale is formed only when we accept your order and ship the
goods. Specific products and programs (e.g., custom upholstery, special
orders, white-glove delivery, manufacturer warranties, or returns) may be
governed by additional terms presented at the point of sale; those terms
are part of these Terms.
8. Color, Material & Photography Disclaimer
Outdoor furniture color, grain, and texture vary naturally between
production runs, and on-screen photography cannot perfectly represent
the appearance of finished goods. We strongly recommend ordering free
swatches before purchase whenever they are offered. Slight variation
between samples, photographs, and delivered product is normal and not a
defect.
9. Communications & SMS
By creating an account, placing an order, or providing your contact
information, you agree that we may contact you by email, postal mail,
or telephone regarding your account, your orders, and the Site.
If you opt in through a checkbox, web form, keyword reply, or other
mechanism, you agree to receive recurring SMS text messages from
ForPatio related to order updates, design assistance, marketing, and
service. Message frequency varies. Message and data rates may apply.
Reply HELP for help, or STOP to any
message to opt out at any time. See our
Privacy Policy for full details.
10. User-Submitted Content
When you submit reviews, ratings, photographs, comments, design questions,
or any other material to the Site (collectively,
"User Content"), you grant ForPatio and its affiliates a
perpetual, irrevocable, worldwide, royalty-free, sublicensable,
non-exclusive license to use, copy, modify, adapt, publish, translate,
distribute, and display that User Content in any media for any lawful
purpose, including advertising and promotion.
You represent that your User Content is original to you (or you have all
necessary rights to grant the license above), does not infringe on the
rights of any third party, and complies with these Terms. We may edit,
refuse to post, or remove any User Content at our discretion, but we are
not obligated to monitor or moderate it.
11. Acceptable Use
You agree not to:
- Post or transmit content that is unlawful, defamatory, obscene, harassing, hateful, or that infringes someone else's rights;
- Use the Site to send unsolicited marketing, spam, or phishing messages;
- Attempt to gain unauthorized access to any portion of the Site, our servers, or any system or network connected to the Site;
- Probe, scan, or test the vulnerability of the Site or breach any security or authentication measures;
- Use bots, spiders, scrapers, or other automated means to access, copy, or collect data from the Site without our prior written permission;
- Reverse-engineer or attempt to derive source code from any Site software;
- Interfere with the Site's normal operation or impose an unreasonable load on our infrastructure;
- Violate any applicable federal, state, local, or international law.
Violations may result in immediate termination of your access, removal of
User Content, refusal of orders, and referral to law enforcement.
12. Third-Party Links
The Site may link to third-party websites — manufacturer pages,
finance partners (e.g., Affirm), payment processors, design tools, and
social media. We do not control these third-party sites and are not
responsible for their content, privacy practices, or terms. Following
those links is at your own risk and subject to the third party's terms.
13. Disclaimers
The Site and all products, services, and content offered through it are
provided "as is" and "as available"
without warranties of any kind, whether express, implied, statutory, or
otherwise — including, without limitation, the implied warranties
of merchantability, fitness for a particular purpose, title, and
non-infringement.
We do not warrant that the Site will be uninterrupted, secure, timely,
error-free, or free of viruses or other harmful components, or that any
defects will be corrected. You assume the entire risk of using the Site.
Any product warranties are provided directly by the manufacturer and are
described in the documentation that accompanies your product.
14. Limitation of Liability
To the fullest extent permitted by law, ForPatio, My New Stores, Inc.,
and their respective officers, directors, employees, agents, brand
partners, and affiliates will not be liable for any indirect, incidental,
consequential, special, exemplary, or punitive damages — including
lost profits, lost data, loss of goodwill, or business interruption
— arising out of or related to your use of (or inability to use)
the Site or any product purchased through it, even if we have been advised
of the possibility of such damages.
Our aggregate liability to you for any claim arising from or related to
the Site or these Terms is limited to the lesser of (a) the amount you
paid us during the six months immediately preceding the event giving rise
to the claim, or (b) one hundred U.S. dollars (US $100). Some jurisdictions
do not allow the exclusion or limitation of certain damages, so portions
of this section may not apply to you; in those jurisdictions, our liability
is limited to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless ForPatio, My New Stores,
Inc., and our respective officers, directors, employees, agents, and
affiliates from and against any claims, damages, losses, liabilities,
costs, and expenses (including reasonable attorneys' fees) arising out of
or related to (a) your use or misuse of the Site, (b) your violation of
these Terms, (c) your User Content, or (d) your infringement of any
third party's rights.
16. Governing Law & Dispute Resolution
16.1 Governing Law
These Terms and any dispute arising out of or related to them or to the
Site are governed by the laws of the State of Illinois, without regard to
its conflict-of-laws principles, and, where applicable, by federal law,
including the Federal Arbitration Act.
16.2 Informal Resolution First
Before starting an arbitration or lawsuit, you agree to first try to
resolve the dispute informally by contacting us at
support@forpatio.com
with a written description of the claim, your contact information, and
the relief you are seeking. We will attempt to resolve the matter within
sixty (60) days of receiving your notice.
16.3 Binding Individual Arbitration
If informal resolution fails, you and ForPatio agree that any remaining
dispute will be resolved by binding, individual arbitration
administered by the American Arbitration Association (AAA) under its
Consumer Arbitration Rules, rather than in court.
You and ForPatio each waive the right to a jury trial and to
participate in a class action, class arbitration, or any other
representative proceeding.
The arbitrator's decision will be final and may be entered as a judgment
in any court of competent jurisdiction.
Two narrow exceptions apply: (i) either party may bring qualifying claims
in small-claims court; and (ii) either party may seek injunctive or
equitable relief in court to protect intellectual property rights or
confidential information.
16.4 Venue
For any matter that proceeds in court (e.g., the exceptions above), you
consent to the exclusive jurisdiction and venue of the state and federal
courts located in Cook County, Illinois.
17. Termination
We may suspend or terminate your access to the Site, your account, or any
feature at any time, with or without cause and with or without notice.
Sections of these Terms that by their nature should survive termination
— including those addressing intellectual property, User Content
licenses, disclaimers, limitation of liability, indemnification, and
dispute resolution — will survive.
18. Miscellaneous
-
Entire Agreement. These Terms, together with our
Privacy Policy and any additional
terms presented at the time of purchase or program enrollment, constitute
the entire agreement between you and ForPatio regarding the Site.
-
Severability. If any provision of these Terms is
found unenforceable, that provision will be modified to the minimum
extent necessary to make it enforceable, and the remaining provisions
will continue in full force.
-
No Waiver. Our failure to enforce any right or
provision of these Terms is not a waiver of that right or provision.
-
Assignment. You may not assign or transfer these Terms
or your rights under them without our prior written consent. We may
assign these Terms freely.
-
Force Majeure. We are not liable for delays or failures
caused by events beyond our reasonable control, including natural
disasters, supply-chain disruptions, carrier delays, labor actions,
government actions, or internet or telecommunications failures.
-
Headings. Section headings are for convenience only
and have no legal effect.
19. Contact Us
If you have questions about these Terms, please reach out:
ForPatio — a brand of My New Stores, Inc.
Email:
support@forpatio.com
Phone: 1-800-555-1234
Mon–Fri, 8:00 a.m.–6:00 p.m. ET
Thank you for shopping with ForPatio. We design our policies, like our
patios, to last a long time — and we appreciate you taking the time
to read them.