Terms & Conditions

Welcome to the Cheers® Sectional, Leather Sectional website (the “Site”). This Site is owned and operated by Cheers Sectional LLC (“Cheers Sectional”, “we” or “us”). By accessing and using this Site, you agree to be bound by the following terms and conditions, along with our Privacy Policy (together, the “Terms”). If you do not agree to these Terms, please do not use this Site.

1. Site Content and Access

The content on this Site, including without limitation all store names, logos, product names, designs, images, graphics, text, illustrations, editorial content, HTML code, audio and video clips, trades, slogans, methodologies, processes, information, software, devices, products, features, reviews, technologies, surveys, interactive features, competitions, promotions, advertisements and other materials (collectively, the “Content”) is the property of Cheers Sectional and where applicable, our affiliates, partners and Content providers, and is protected by copyright and other intellectual property laws.

You may access, view and print the Content on this Site solely for your personal, non-commercial use, provided you do not modify the Content and keep intact all copyright and other proprietary notices contained in the original Content. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, upload, post, republish, encode, translate, transfer, decompile, reverse engineer, duplicate, copy or create derivative works of the Content without our prior written authorization.

The trademarks, service marks, trade names, trade dress and logos (collectively, the “Marks”) contained on this Site are the property of Cheers Sectional and, where applicable, our affiliates, partners and licensors. You may not use any Marks for any purpose without the prior express written permission of Cheers Sectional.

2. Your Representations and Warranties

By using this Site, you represent and warrant to Cheers Sectional that:

You are at least 18 years old;
All information you submit is truthful and accurate;
Your use of this Site does not violate any applicable law, rule or regulation;
You will not use this Site for any fraudulent or unlawful purpose;
Your use of this Site will be in compliance with these Terms.

3. User Generated Content

This Site may allow you to communicate, submit, upload or otherwise make available text, images, audio, video or other content (“User Content”), which may be accessible and viewable by the public. Accessing this capability is entirely optional and voluntary, and we have no obligation to monitor or moderate User Content.

You agree that any User Content submitted by you shall be truthful and accurate and will not violate the rights of any third party. Cheers Sectional shall have the royalty-free, perpetual, irrevocable right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology.

You are solely responsible for all User Content you submit, email or otherwise transmit. You agree not to:

Submit any User Content that is unlawful, harmful, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy right or right of publicity, hateful, or racially, ethnically or otherwise discriminatory;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Submit any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;
Submit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Submit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Submit any material that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Cheers Sectional takes no responsibility and assumes no liability for any User Content submitted by you or any third party. We have no obligation to screen, edit or monitor your User Content and we reserve the right, without limitation, to delete, move, re-format or remove any User Content without notice or liability that we, in our sole discretion, determine violates these Terms or is otherwise objectionable.

4. Indemnification

You agree to defend, indemnify and hold harmless Cheers Sectional, its directors, officers, employees, agents, partners and licensors from and against any and all losses, expenses, damages, costs and liabilities (including reasonable attorneys fees) incurred in relation to any claim arising out of:

Your use of this Site;
Any User Content you submit, email or otherwise transmit;
Your violation of these Terms;
Your violation of any rights of another.

5. Links to Third Party Sites

This Site may contain links to websites operated by parties other than Cheers Sectional. We do not control such websites and are not responsible for their contents, including without limitation any offensive, unlawful, threatening, defamatory or obscene material contained therein. Our inclusion of links to such websites does not imply any endorsement or association with their operators or content.

6. Disclaimers and Limitation of Liability

While we make reasonable efforts to provide an enjoyable and functional Site, we do not guarantee that the Content will be accurate, complete, reliable, current, uninterrupted or error-free. The Site and Content are provided “as is” and “as available” without warranties of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information provided by Cheers Sectional or its representatives shall create any warranty, or in any way increase the scope of Cheers Sectional’s obligations hereunder.

Under no circumstances, including negligence, will Cheers Sectional be liable for any direct, indirect, incidental, consequential, punitive or special damages that result from the use of, or inability to use, this Site. You specifically acknowledge that Cheers Sectional shall not be liable for any conduct, content or services on the Internet.

Some states do not allow limitations on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or consequential damages, so certain limitations set forth above may not apply to you. This warranty gives you specific rights and you may also have other rights which vary from state to state.

7. Termination

Cheers Sectional reserves the right, with or without notice, at any time and for any reason to deny you access to this Site or to any portion thereof, and to remove any Content.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law. You agree that any action related to these Terms or your use of this Site shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

9. Changes to the Terms

Cheers Sectional may revise these Terms from time to time by updating this document. Your continued use of this Site following any such revisions will indicate your acceptance of the revised Terms. You should visit this page periodically to review the current Terms.

10. General Provisions

If any provision of these Terms is held invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable and the remaining provisions will remain in full force and effect. Cheers Sectional’s failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of these Terms. You may not assign any of your rights or obligations hereunder without our prior written consent. These Terms constitute the entire agreement between you and Cheers Sectional relating to your access to and use of this Site.

11. Copyright Policy

Cheers Sectional respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Cheers Sectional has adopted the following policy to respond to claims that content hosted on our Site infringes the copyright or other intellectual property rights of third parties.

Notification of Alleged Copyright Infringement: To file a notice of alleged copyright infringement, you must provide a written communication to our designated copyright agent that includes the following:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing and reasonably sufficient information to permit us to locate that material on our Site;
Your contact information, including address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement, under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Notices of alleged copyright infringement should be directed to our designated copyright agent via email at [email protected] or via mail to:

Counter Notification of Alleged Copyright Infringement: If we remove your content in response to a copyright infringement notice, and you believe your content was wrongly removed due to misidentification or error, you may submit a counter notification to our designated agent pursuant to 17 U.S.C. § 512(g)(3). Your counter notification must include the following:

Your physical or electronic signature;
Identification of the content that was removed and the location where it appeared on our Site before it was removed;
A statement under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification;
Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal court in Miami, Florida, and that you will accept service of process from the claimant.

If your counter notice meets these requirements, we will forward it to the claimant. We will also provide the claimant with your contact information. If we do not receive notice from the claimant within 10 business days that they have filed a court action seeking to restrain you from the allegedly infringing activity, we may restore your removed content to our Site.

12. Questions

If you have any questions regarding these Terms, please contact us at:

Cheers Sectional
123 Main St.
Miami, FL 33131
Email: [email protected]