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LAST UPDATED: JUNE 22, 2020
This Agreement is between you and DH Inspired Décor LLC. ("DH" or “DH Inspired” or "we") concerning your use of (including any access to) the websites currently located at https://www.designhomeinspired.com (and also accessible through https://www.dhinspired.com/), and any other websites that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, the "Sites"), and the mobile software and any other mobile applications that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor applications(s) thereto, the "Apps"). The Sites and Apps are referred to collectively in this Agreement as the "DH Inspired Properties".
This Agreement hereby incorporates by this reference any additional terms and conditions posted by DH Inspired through the DH Inspired Properties, or otherwise made available to you by DH Inspired. Your use of the DH Inspired Online Properties is governed by this Agreement regardless of how you access the DH Inspired Properties, including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network or otherwise.
BY USING THE DH INSPIRED PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE DH INSPIRED ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Your use of the DH Inspired Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the DH Inspired Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the DH Inspired Properties; or offer opportunities to some or all users.
We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the DH Inspired Online Properties and accepting this Agreement, you hereby authorize DH Inspired and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.
Restrictions. DH Inspired reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed on line through the R DH Inspired Properties, via customer service, online through any website operated by DH Inspired, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though the DH Inspired Properties, via customer service, and/or to facilitate future Transactions you may initiate through the DH Inspired Properties. You may withdraw your consent permitting DH Inspired to store your Payment Information by contacting client services. Any changes to the terms of this consent permitting DH Inspired to store your Payment Information will be communicated to you as described in Section 1 of this Agreement.
Refunds & Exchanges. Refunds and exchanges will be subject to DH Inspired's applicable refund and exchange policies. The refund and exchange policy for Transactions made through designhomeinspired.com is available at https://designhomeinspired.com/pages/returns.
In the event that you have received a refund, an exchange and/or a temporary replacement Product for Product purchased through an DH Inspired, via customer service, and you have not returned that Product and/or the temporary replacement Product to us within ten (10) business days after you have received a refund, or you received a refund that was greater than the amount you paid, then you agree that we can hold and not process any pending and/or any future orders from you until we have received the Product or full payment from you. You also agree that if a Product for which you received a refund or exchange, or a temporary replacement Product is not returned to us within ten (10) business days after you are issued a refund, then we may utilize your current or future Payment Information to re-charge you for that Product at any time.
Shipping. DH Inspired offers shipping services subject to DH Inspired 's applicable shipping policies. The shipping policy for Transactions made through designhomeinspired.com is available at https://designhomeinspired.com/pages/shipping-and-delivery.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the Contract Terms & Conditions, those of the Trade Terms & Conditions and the Contract Terms & Conditions will govern.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the DH Inspired Properties. 9. Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by DH Inspiredto use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.10. DHInspired's Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the
All trade names, trademarks, service marks and logos on the DH Inspired Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the DH Inspired Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.11. Third Party Materials; Links. Certain functionality of the DH Inspired Online Propertiesmay make available access to materials made available by third parties ("Third Party Materials"), orallow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by DH Inspired with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the DH Inspired Online Properties at any time. In addition, the availability of any Third Party Materials through the DH Inspired Online Properties materials, nor does such availability create any legal relationship between you and any such provider.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DH INSPIRED AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
While we try to maintain the timeliness, integrity and security of the DH INSPIRED PROPERTIES, we do not guarantee that the DH INSPIRED PROPERTIES are or will remain updated, complete, correct or secure, or that access to the DH INSPIRED PROPERTIES will be uninterrupted. The DH INSPIRED PROPERTIES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the DH INSPIRED PROPERTIES. If you become aware of any such alteration, please contact us by visiting https://designhomeinspired.com/pages/contact-us and providing a description of such alteration and its location.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:DH INSPIREDWILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE DH INSPIRED ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) DH INSPIRED WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE DH INSPIRED ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DH INSPIRED ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE DH INSPIRED ONLINE PROPERTIES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF DH INSPIRED FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO DH INSPIRED TO USE THE DH INSPIRED ONLINE PROPERTIES; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DH INSPIRED AND THE AFFILIATED ENTITIES.
Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. 15. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmlessDH Inspiredand the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the DH Inspired Online Properties; and (b) any violation or alleged violation of this Agreement by you.16. Termination. This Agreement is effective until terminated.DH Inspiredmay terminate or suspend your use of any or all of the DH Inspired Online Properties at any time and without prior notice, including if DH Inspired believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the DH Inspired Online Properties will immediately cease, and DH Inspired may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 2 through 9 and 11 through 24 shall survive any expiration or termination of this Agreement. 17. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State ofOhio, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU ANDDH INSPIRED, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DH INSPIRED AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. 18. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available fromhttps://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note thatDH Inspired does not endorse any of the products or services listed on such site.19. Information or Complaints. If you have a question or complaint regarding any of theDH InspiredOnline Properties, please contact us by visiting https://designhomeinspired.com/pages/contact-us. You may also contact us by writing to DH Inspired, Attn: Customer Service, 1419 Boardman-Canfield Road, Suite 300, Boardman, Ohio 44512. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 20. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you andDH Inspired. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any orall of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and DH Inspired relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DH Inspired relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the DH Inspired Online Properties or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. DH Inspired will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
22. California Transparency in Supply Chains Act (SB 657) Disclosure.DH Inspired is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
By DH Inspired
DH Inspired Decor LLC