These Terms of Use (“Terms”) set forth a legally binding agreement between you and IN / RESIDENCE DESIGN LLC (“Company”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). You represent and warrant that you are entering into these Terms personally, or as an authorized representative of your company, as applicable.
These Terms and additional terms may appear elsewhere on the Service (e.g. lease agreement, return, customer service, refund, damage policies etc.) will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control with respect to the specific Service unless they expressly state otherwise.
By using the Service, you agree to these Terms, and acknowledge our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and acknowledge, discontinue use of the Service.
The Service contains: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, floorplan, information, photographs, furniture information, pricing, databases, articles, posts, text, data, files, images, 3-D models, scripts, designs, graphics, instructions, illustrations, photographs, rendering, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Company Content”). All right, title, and interest in and to the Service and the Company Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Subject to your compliance with these Terms and any applicable Additional Terms, the Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Company Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Company Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Company Content, and (ii) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Company Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Service, such as purchasing, leasing, delivery or assembly, may require you to register for an account (online, by email, in writing or over the phone). When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
A lease agreement may involve some of following; (i) providing certain personal details, such as your name, phone number, and address; (ii) providing additional data related to your needs, requirements, or preferences; (iii) providing payment information to a third-party payment processor ion order to processing any payments to us under the terms of the lease agreement or that you otherwise authorize, such as purchases and other fees associated with the Service; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a credit check; (v) entering into a lease agreement with Company (“Lease Agreement”) and agreeing to payment terms and applicable fees; (vi) providing a deposit or other security instruments as may be required under the terms of the Lease Agreement, (vii) providing and authorizing delivery and certain access rights related to the Company’s assets under the terms of the Lease Agreement.
We may use a payment processor to bill you for purchases made through the Service or payments under the terms of the Lease Agreement. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared with such payment processor and/or credit agencies. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this Agreement.
You may not use the Service unless you are at least eighteen (18) years old.
You may not: (i) use the Service or Company Content for any political purpose; (ii) engage in any activity in connection with the Service or Company Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Company; (iii) harvest any information from the Service or Company Content; (iv) reverse engineer or modify the Service or Company Content; (v) interfere with the proper operation of or any security measure used by the Service or Company Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Company Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Company Content.
You agree to provide reasonable care while any goods including furniture or other products subject to the terms of any Lease Agreement are in your possession, and understand you are responsible for any damage to any products in your possession besides normal wear and tear.
The Company may suspend or terminate the availability of the Service and Company Content, in whole or in part, to any individual user or all users, for any reason, in Company’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Company Content.
All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Company Content or Service for any purpose is prohibited.
Our Service may contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.
Communications. You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its Contact Us or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business.
The Service is provided to you and an “as is”, “as available”, and “with all faults” basis. Neither the Company nor any of its officers, directors, managers, employees, or agents (collectively “Company Parties”) make any representations, warranties, or endorsements of any kind whatsoever as to the content or other services, whether express or implied, statutory or otherwise, or arising from the course of dealing, course of performance or usage of trade, including the implied warranties of title, non-infringement, mechantability, fitness for a particular purpose, quiet enjoyment and freedom from computer virus. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
To the maximum extent permitted by law, in not event shar the Company Parties be liable to you for any loss, damage, injury or any kinds including any direct, indirect, special, incidental, exemplary, consequential or punitive losses or damages, or damage for system failure or malfunction or loss of profits, data, use, business or good-will, arising out of or in connection with (i) the Service, (ii) these Terms or (iii) your misuse of the Service or any Company Content available on or through the Service. The limitations set forth in this section shall apply regardless of the form of action, whether the asserted liability or damages are bases on contract, indemnification, tort, strict liability, statute or any other legal or equitable theory.
Notwithstanding the foregoing, these disclaimers herein do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. We may also ask you to affirmatively consent to any material changes in the Terms. All such changes are effective with your continued use of the Service. If you object to any such changes, your sole recourse is to cease using the Service.
No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
