Agreement between User and interiordecorconsult.com
Welcome to interiordecorconsult.com. The interiordecorconsult.com website
(the "Site") is
comprised of various web pages operated by Interior Décor Consult ("IDC").
interiordecorconsult.com is offered to you conditioned on your acceptance
without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use
of
interiordecorconsult.com constitutes your agreement to all such Terms.
Please read these terms
carefully, and keep a copy of them for your reference
interiordecorconsult.com is an E-Commerce Site.
The purpose of IDC website is to inform potential clients about IDC's
services, to schedule
appointments and to receive payments for services rendered.
Electronic Communications
Visiting interiordecorconsult.com or sending emails to IDC constitutes
electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices,
disclosures and other communications that we provide to you electronically,
via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
IDC does not knowingly collect, either online or offline, personal
information from persons under
the age of thirteen. If you are under 18, you may use
interiordecorconsult.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
If consultation reserved online, by phone call or email is cancelled at least
24 hours in advance, a
full refund will be issued. Cancellation request should be sent by e-mail to
info@interiordecorconsult.com with the subject line CANCELLATION. IDC does
not offer
refunds for no shows and cancellation requests made less than 24 hours in
advance. To reschedule
a consultation, please request a cancellation and book a new consultation on
the website or by
email.
Custom order products are not returnable unless there is a manufacturing
defect. If a manufacturing
defect discovered after delivery, IDC should be notified immediately in
writing. The notification
should contain a detailed description of the defect, supported by photos if
possible. IDC will take
the complaint to the manufacture and will work diligently on the
replacement. However, it is up the
manufacturer to make the final decision on the validity of the complaint.
Links to Third Party Sites/Third Party Services
interiordecorconsult.com may contain links to other websites ("Linked
Sites"). The Linked Sites
are not under the control of IDC and IDC is not responsible for the contents
of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a
Linked Site. IDC is providing these links to you only as a convenience, and
the inclusion of any
link does not imply endorsement by IDC of the site or any association with
its operators.
Certain services made available via interiordecorconsult.com are delivered by
third party sites and
organizations. By using any product, service or functionality originating
from the
interiordecorconsult.com domain, you hereby acknowledge and consent that IDC
may share such
information and data with any third party with whom IDC has a contractual
relationship to provide
the requested product, service or functionality on behalf of
interiordecorconsult.com users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use
interiordecorconsult.com strictly in accordance with these terms of use. As
a condition of your use
of the Site, you warrant to IDC that you will not use the Site for any
purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which
could damage, disable,
overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through
any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the
compilation thereof, and any software used on the Site, is the property of
IDC or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site.
IDC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or
attribution notices in any content. You will use protected content solely
for your personal use, and
will make no other use of the content without the express written permission
of IDC and the
copyright owner. You agree that you do not acquire any ownership rights in
any protected content.
We do not grant you any licenses, express or implied, to the intellectual
property of IDC or our
licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by IDC from our offices
within the USA. If
you access the Service from a location outside the USA, you are responsible
for compliance with
all local laws. You agree that you will not use the IDC Content accessed
through
interiordecorconsult.com in any country or in any manner prohibited by any
applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless IDC, its officers,
directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's
fees) relating to or arising out of your use of or inability to use the Site
or services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights
of a third party, or your violation of any applicable laws, rules or
regulations. IDC reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject
to indemnification by you, in which event you will fully cooperate with IDC
in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them
arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or
otherwise at law or in equity for damages or any other relief, then such
dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration
Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association,
or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the
parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court
having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and
Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement
of this provision. The
entire dispute, including the scope and enforceability of this arbitration
provision shall be
determined by the Arbitrator. This arbitration provision shall survive the
termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class
arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and IDC agree otherwise, the arbitrator may
not consolidate
more than one person's claims, and may not otherwise preside over any form
of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. INTERIOR DéCOR CONSULT AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INTERIOR DéCOR CONSULT AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. INTERIOR DéCOR CONSULT AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL INTERIOR DéCOR CONSULT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF INTERIOR DéCOR CONSULT OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
IDC reserves the right, in its sole discretion, to terminate your access to
the Site and the related
services or any portion thereof at any time, without notice. To the maximum
extent permitted by
law, this agreement is governed by the laws of the State of Indiana and you
hereby consent to the
exclusive jurisdiction and venue of courts in Indiana in all disputes
arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between
you and IDC as a result of this agreement or use of the Site. IDC's
performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in
derogation of IDC's right to comply with governmental, court and law
enforcement requests or
requirements relating to your use of the Site or information provided to or
gathered by IDC with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of
the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user
and IDC with respect to the Site and it supersedes all prior or
contemporaneous communications
and proposals, whether electronic, oral or written, between the user and IDC
with respect to the
Site. 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. It is the express wish to the
parties that this agreement
and all related documents be written in English.
Changes to Terms
IDC reserves the right, in its sole discretion, to change the Terms under
which
interiordecorconsult.com is offered. The most current version of the Terms
will supersede all
previous versions. IDC encourages you to periodically review the Terms to
stay informed of our
updates.
Contact Us
IDC welcomes your questions or comments regarding the Terms:
Email Address:
info@interiordecorconsult.com
Telephone number:
317-522-8000
Effective as of December 01, 2023
