This Terms of Service (the “Terms”) is a binding contract between you, an individual user (“you”), and Trendy Interior Design LLC (“Trendy Interior Design LLC,” “us” or “we”) governing your use of the L website (the “Website”), mobile applications and related services (the Website, mobile applications and related services, including any new features and applications, are, collectively, the “Service”). by accessing or using the service, you agree that you have read, understood and agree to be bound by this terms of service. if you do not agree, then you may not use the service.
This Terms Of Service Contains An Arbitration Agreement, Which Will, With Limited Exception, Require You To Submit Claims You Have Against Us To Binding And Final Arbitration. Under The Arbitration Agreement, (1) You Will Only Be Permitted To Pursue Claims Against Trendy Interior Design Llc On An Individual Basis, Not As A Plaintiff Or Class Member In Any Class Or Representative Action Or Proceeding, And (2) You Will Only Be Permitted To Seek Relief (Including Monetary, Injunctive, And Declaratory Relief) On An Individual Basis.
We reserve the right, at our sole discretion, to change or modify portions of this Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service’s user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Services Description: The Service is a platform connecting people seeking interior design services (“Clients”) to our community of talented, professional interior designers (“Designers”) and vendors who sell products such as furniture and accessories (“Vendors”) (Clients, Designers and Vendors are “Users”) to obtain online interior design services and assist Clients with purchasing furniture and accessories. Please be advised: Although Trendy Interior Design LLC administers the Service and establishes certain terms for certain design packages offered through the Service (including package features, pricing and options), Trendy Interior Design LLC is not otherwise a party to the design services or any other transactions that may take place between Clients and Designers and is not involved in or responsible for the performance of any services provided by Designers (including in-person services). Additionally, while Trendy Interior Design LLC facilitates sales and returns between Clients and Vendors, Trendy Interior Design LLC is not liable for such transactions or the products sold. Trendy Interior Design LLC has no control over the performance of any service by Designers or Vendors or any claims made by Designers or Vendors about the products or services they may offer, nor does Trendy Interior Design LLC guarantee or endorse the truth or accuracy of any representations made by Designers or Vendors, the ability of Designers or Vendors to provide the products or services as claimed by Designers or Vendors (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers or Vendors. Clients, Designers and Vendors (and not Trendy Interior Design LLC) bear all risks and liabilities associated with any design services, product purchases or other transactions between them.
Relationship of Users: All Users acknowledge and understand that Trendy Interior Design LLC is not an employer, broker, agent or insurer for any Users of the Service. Trendy Interior Design LLC’s acceptance of a Designer or Vendor to the Service should not be construed as or otherwise deemed an endorsement or promotion of such Designer or Vendor, and such acceptance is in reliance on the Designer’s and Vendor’s representation and warranty to Trendy Interior Design LLC of the accuracy of information submitted by such Designer or Vendor. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk.
Definitions: Any capitalized terms not defined herein are defined in our Client FAQs and Designer FAQs.
Access and Use of the Service
Eligibility/Minors: The Service is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Service, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. If you are using or opening an account on the Service on behalf of a company, entity or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Terms of Service and (ii) agree to be bound by this Terms of Service on behalf of such Subscribing Entity. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Trendy Interior Design LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Trendy Interior Design LLC will not be liable for any loss or damage arising from your failure to comply with this Section. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Trendy Interior Design LLC by sending an e-mail to email@example.com.
General Practices Regarding Use and Storage: You acknowledge that Trendy Interior Design LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Trendy Interior Design LLC’s servers on your behalf. You agree that Trendy Interior Design LLC has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Trendy Interior Design LLC reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Trendy Interior Design LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service: Trendy Interior Design LLC reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Trendy Interior Design LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Trendy Interior Design LLC and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Trendy Interior Design LLC account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Trendy Interior Design LLC. Trendy Interior Design LLC reserves the right to investigate and take appropriate legal action against anyone who, in Trendy Interior Design LLC’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Trendy Interior Design LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Trendy Interior Design LLC or its Users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
provide false personal information, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
access, tamper with or use non-public areas of the Service, Trendy Interior Design LLC’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of Trendy Interior Design LLC’s providers;
gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information or to other computers or websites connected or linked to the Service;
create a new account with Trendy Interior Design LLC, without Trendy Interior Design LLC’s express written consent, if Trendy Interior Design LLC has previously disabled your account;
display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service;
violate any applicable federal, state or local laws or regulations or this Terms of Service; or
assist or permit any persons in engaging in any of the activities described above.
If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
Fees and Payment
Client Fees: The fee (the “Fee”) to be charged to Clients for each Design Package and product(s) will be set forth on the Service.
Designer Payment: Details regarding payments to Designers are set forth in the Designer Handbook provided by Trendy Interior Design LLC and in periodic email correspondence to Designers. We will remit payment through third party payment processor.
Additional Fees: Any additional fees, such as applicable taxes, processing fees and/or shipping costs, will be disclosed on the invoice.
Payment Processing: The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. You represent and warrant that any information regarding your credit card or other payment instrument that you submit is true and you are authorized to use the payment instrument.
Taxes: Users are responsible for determining and paying the appropriate government taxes, fees and service charges resulting from a transaction occurring through the Service, except for taxes on Trendy Interior Design LLC’s income. We are not responsible for collecting, reporting, paying or remitting to you any such taxes, fees or service charges, except as may otherwise be required by law.
Taxes Associated with Products Obtained through Trendy Interior Design LLC: Trendy Interior Design LLC’s personal shopping assistants may assist Clients in purchasing items from their shopping list sourced by their Designer or Clients may purchase directly from our online store. At no time does Trendy Interior Design LLC take title to or possession of the personal property purchased by a Client. Title to and possession of such personal property pass directly from the Vendor to a Client. Trendy Interior Design LLC charges sales tax in certain jurisdictions based on a Client’s shipping address, and in such cases Trendy Interior Design LLC takes responsibility for collecting and remitting taxes to the appropriate authorities.
Accuracy of Products and Pricing: Although we make reasonable efforts to provide accurate pricing information, product availability and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. In the event that a product or shipping price is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to modify, reject or cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit or debit to your credit card within a commercially reasonable amount of time. We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Service will be accurate.
Scope of License to Users
Trendy Interior Design LLC Content, Software and Trademarks: You acknowledge and agree that the Service may contain data, information, applications, features, materials and other content (“Trendy Interior Design LLC Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Trendy Interior Design LLC, you agree not to modify, alter, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Trendy Interior Design LLC Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Trendy Interior Design LLC from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or Trendy Interior Design LLC Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Trendy Interior Design LLC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, otherwise transfer any right in the Software, nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. Any rights not expressly granted herein are reserved by Trendy Interior Design LLC.
All trademarks, service marks and trade names of Trendy Interior Design LLC are trademarks or registered trademarks of Trendy Interior Design LLC (collectively the “Trendy Interior Design LLC Trademarks”). Other company, product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Trendy Interior Design LLC. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Trendy Interior Design LLC Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Trendy Interior Design LLC Trademarks will inure to our exclusive benefit.
License Grant to You: The Service is licensed, not sold, to you for use only under this Terms of Service. Subject to your complete and ongoing compliance with this Terms of Service, Trendy Interior Design LLC hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act. If you breach these license restrictions, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
Content You Submit; License Grants from You
Your Content: If you are a Client, you may be able to create, post or share content, such as pictures of your space, floor plans and household objects (“Client Content”). If you are a Designer, the Service may provide you with the ability to create, post or share content, such as design submissions and pictures for your profile (“Designer Content”; collectively, with Client Content, “User Content”). Trendy Interior Design LLC claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent and trademark rights to any of your User Content that you post on or through the Service. You are responsible for protecting those rights.
You Must Have Rights to the Content You Post: You represent and warrant that: (i) you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein; (ii) the posting and use of such User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of such User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of the User Content that you post on or through the Service. You also acknowledge and agree that such User Content is non-confidential and non-proprietary.
Use of User Content: You acknowledge and agree that Trendy Interior Design LLC may preserve User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Trendy Interior Design LLC, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Materials; Trendy Interior Design LLC Content.
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials,” and, together with Trendy Interior Design LLC Content, but excluding your own User Content, “Service Content”), that may be offensive, indecent or objectionable. You acknowledge that Trendy Interior Design LLC does not pre-screen Third Party Materials, but that Trendy Interior Design LLC and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Trendy Interior Design LLC and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Trendy Interior Design LLC, in its sole discretion, to be otherwise objectionable. Nevertheless, you agree to use the Service at your sole risk and that Trendy Interior Design LLC shall not have any liability to you for any Service Content that may be found to be offensive, indecent or that is inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise objectionable. Additionally, under no circumstances will Trendy Interior Design LLC be liable in any way for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You rely upon any Service Content accessible through the Service, at your sole risk, and you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries. Trendy Interior Design LLC makes no representation that the Service, any third party services and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Trendy Interior Design LLC is not affiliated with any carrier, service provider, third party service or other third party. Trendy Interior Design LLC has no control over such sites and resources and Trendy Interior Design LLC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Trendy Interior Design LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that you assume all risk and Trendy Interior Design LLC is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Trendy Interior Design LLC is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Trendy Interior Design LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Trendy Interior Design LLC enables these features merely as a convenience.
Consent to Use of Data.
The Service, Service Content and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Trendy Interior Design LLC and its licensors. Except for the limited licenses expressly granted to you under these Terms, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under these Terms, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Trendy Interior Design LLC are non-confidential and non-proprietary, and Trendy Interior Design LLC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and Trendy Interior Design LLC will have no liability or responsibility with respect thereto. Trendy Interior Design LLC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service in an effort to resolve the dispute. Trendy Interior Design LLC makes no representations or warranties as to the conduct of its Users.
Relationship Between Parties
No Employment Relationship: Trendy Interior Design LLC is not an employment service and does not serve as an employer of any User. While certain Trendy Interior Design LLC employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of Trendy Interior Design LLC. Trendy Interior Design LLC is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Service. You understand and agree that, if Trendy Interior Design LLC is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay Trendy Interior Design LLC an equivalent amount, including any interest or penalties thereon.
No Agency Relationship: No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Terms of Service. Without limiting the foregoing, except as expressly set forth herein, Trendy Interior Design LLC is not acting and does not act as an agent for any User of the Service. No User of the Service has any authority to bind or commit Trendy Interior Design LLC to any agreements or other obligations, absent Trendy Interior Design LLC’s prior written consent which may be granted or withheld at the sole discretion of Trendy Interior Design LLC.
Disclaimer of Warranties
“Released Parties” include Trendy Interior Design LLC and its affiliates, officers, employees, agents, partners and licensors.
You Expressly Understand And Agree That: (A) Your Use Of The Service Is At Your Sole Risk. The Service Is Provided On An “As Is” And “As Available” Basis And The Released Parties Expressly Disclaim All Warranties Of Any Kind, Whether Express, Implied Or Statutory, Including, But Not Limited To, Warranties As To Products Or Services Offered By Businesses Listed On The Service, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title And Non-infringement; (B) The Released Parties Make No Warranty That (I) The Service Will Meet Your Requirements, (Ii) The Service Will Be Uninterrupted, Timely, Secure Or Error-free, (Iii) The Results That May Be Obtained From The Use Of The Service, Including Data, Will Be Accurate, Complete Or Reliable, (Iv) The Quality Of Any Products, Data, Service Or Other Material Purchased Or Obtained By You Through The Service Will Meet Your Expectations And, Or (V) Any Errors In The Service Will Be Corrected; (C) We Make No Warranty As To Any Information Or Materials Provided By Client, Designer Or Vendor; And (D) Any Material Obtained Through The Use Of The Service Is Accessed At Your Own Discretion And Risk, And You Will Be Solely Responsible For Any Damage Or Loss Arising Therefrom Or Relating Thereto, Including, Without Limitation Any Damage To Your Computer System Or Mobile Device Or Loss Of Data That Results From The Use Of Any Such Material. None Of The Released Parties Are Responsible For The Conduct, Whether Online Or Offline, Of Any User.
The Quality Of The Design Services Purchased Through The Use Of The Service Is Entirely The Responsibility Of The Designer Who Provides Such Professional Services To Client And The Quality Of The Products Purchased Through The Use Of The Service Is Entirely The Responsibility Of The Vendor Who Provides Such Products To Client. Client Understands And Agrees That By Using The Service, Client May Be Exposed To Professional Services And/Or Merchandise That Are Potentially Dangerous, Offensive, Harmful To Minors, Unsafe Or Otherwise Objectionable, And That Client’s Use Of The Service, And Any Such Designer, Design Services, Vendor Or Merchandise, Is At Client’s Own Risk.
Limitation Of Liability
You Expressly Understand And Agree That The Released Parties Will Not Be Liable To You Or Any Party With Respect To Any Subject Matter Relating To This Agreement For Any Indirect, Incidental, Special, Consequential, Or Exemplary Damages Of Any Kind Or Nature, Including, But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses (Even If Trendy Interior Design Llc Has Been Advised Of The Possibility Of Such Damages), Whether Based On Contract, Tort, Negligence, Strict Liability Or Otherwise, Including, Without Limitation, Any Such Damage Or Loss Resulting From Or Relating To: (I) The Use Or The Inability To Use The Service; (Ii) The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through, From Or As A Result Of The Service; (Iii) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; (Iv) Statements Or Conduct (Including Any Negligence Or Misconduct) Of Any User Or Third Party In Connection With The Service Or Any Design Services; (V) Your Reliance On Content Or Data Made Available By Us; Or (Vi) Any Other Matter Relating To The Service.
To The Fullest Extent Possible By Law, The Released Parties’ Maximum Liability Arising Out Of Or In Connection With The Service, Any Design Services, Your Use Of Trendy Interior Design Llc Content Or Any Other Subject Matter Relating To This Agreement, Regardless Of The Cause Of Action (Whether In Contract, Tort, Breach Of Warranty Or Otherwise), Will Not Exceed The Greater Of (A) If You Are A Client, The Fees You Have Paid To Trendy Interior Design Llc, (B) If You Are A Designer Or Vendor, The Fees Paid By Trendy Interior Design Llc To You, Or (C) $100.
Some Jurisdictions Do Not Allow The Disclaimer Or Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations May Not Apply To You Or Be Enforceable With Respect To You. If You Are Dissatisfied With Any Portion Of The Service Or With These Terms Of Service, Your Sole And Exclusive Remedy Is To Discontinue Use Of The Service.
If You Are A User From New Jersey, The Foregoing Sections Titled “Disclaimer Of Warranties” And “Limitation Of Liability” Are Intended To Be Only As Broad As Is Permitted Under The Laws Of The State Of New Jersey. If Any Portion Of These Sections Is Held To Be Invalid Under The Laws Of The State Of New Jersey, The Invalidity Of Such Portion Shall Not Affect The Validity Of The Remaining Portions Of The Applicable Sections.
By Using The Service, You Agree That The Exclusions And Limitations Of Liability Set Out In This Agreement Are Reasonable. If You Do Not Believe They Are Reasonable, You Must Not Use The Service.
Each Party Acknowledges That The Other Party Has Entered Into This Agreement Relying On The Disclaimers And Limitations Of Liability Stated Herein And That Those Limitations Are An Essential Basis Of The Bargain Between The Parties.
Indemnity and Release
Client hereby agrees to release, defend, indemnify and hold harmless the Released Parties from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, demands, claims, actions of any kind and any injury (including death) or property damage (collectively, “Claims”) arising out of or relating in any way to (a) Client’s use of the Service or any design services or Vendor products, (b) any User Content, (c) Client’s connection to the Service, (d) Client’s breach of this Terms of Service, (e) any Client activities or transactions in connection with any Designer or design services, or (f) Client’s violation of any rights of another.
Designer hereby agrees to release, defend, indemnify and hold harmless the Released Parties from and against any and all Claims arising out of or relating in any way to (a) Designer’s use of the Service, (b) any User Content, (c) Designer’s connection to the Service, (d) Designer’s breach of this Terms of Service, (e) any Designer activities or transactions in connection with any Client or any design services, (f) any damage to property or any personal injury to any extent caused directly or indirectly by Designer, or (f) Designer’s violation of any rights of another.
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Released Party from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Released Party.
The Released Parties Expressly Disclaim Any Liability That May Arise Between Users Of The Service. Because Trendy Interior Design Llc Is Not Involved In The Actual Contact Between Users Or In The Completion Of Any Professional Service, In The Event That You Have A Dispute With One Or More Users, You Release The Released Parties From Any And All Claims, Demands, Or Damages (Actual, Direct Or Consequential) Of Every Kind And Nature, Known And Unknown, Suspected And Unsuspected, Disclosed And Undisclosed, Arising Out Of Or In Any Way Connected With Such Dispute.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Trendy Interior Design LLC respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, or that your intellectual property rights have been otherwise violated, you (or your agent) may send Trendy Interior Design LLC a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. To be effective, the notification must be in writing and include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Trendy Interior Design LLC to locate the material on the Service;
your name, address, telephone number, and email address (if available);
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Trendy Interior Design LLC a counter-notice.
Counter-Notice: If you believe in good faith that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the federal court located within Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Trendy Interior Design LLC, Trendy Interior Design LLC will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Trendy Interior Design LLC has adopted a policy of terminating, in appropriate circumstances and at Trendy Interior Design LLC’s sole discretion, users who are deemed to be repeat infringers. Trendy Interior Design LLC may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices with respect to the Service must be submitted in writing to the following Designated Agent to Receive Notification of Claimed Infringement:
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Trendy Interior Design LLC, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Trendy Interior Design LLC are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Trendy Interior Design LLC Agree That Each Of Us May Bring Claims Against The Other Only On An Individual Basis And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Action Or Proceeding. Unless Both You And Trendy Interior Design Llc Agree Otherwise, The Arbitrator May Not Consolidate Or Join More Than One Person’s Or Party’s Claims And May Not Otherwise Preside Over Any Form Of A Consolidated, Representative Or Class Proceeding. Also, The Arbitrator May Award Relief (Including Monetary, Injunctive And Declaratory Relief) Only In Favor Of The Individual Party Seeking Relief And Only To The Extent Necessary To Provide Relief Necessitated By That Party’s Individual Claim(S), Except That You May Pursue A Claim For And The Arbitrator May Award Public Injunctive Relief Under Applicable Law To The Extent Required For The Enforceability Of This Provision.
Pre-Arbitration Dispute Resolution
Trendy Interior Design LLC is committed to resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Trendy Interior Design LLC should be addressed to: Notice of Dispute, L , Inc., 708 N. Croft Avenue, Los Angeles, California 90069 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Trendy Interior Design LLC and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Trendy Interior Design LLC may commence an arbitration proceeding.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. During the arbitration, the amount of any settlement offer made by Trendy Interior Design LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Trendy Interior Design LLC is entitled.
Unless Trendy Interior Design LLC and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Trendy Interior Design LLC agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided for in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, and your claim is non-frivolous, Trendy Interior Design LLC will pay all Arbitration Fees after receiving a written request to do so at the Notice Address. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Trendy Interior Design LLC will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Trendy Interior Design LLC will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Trendy Interior Design LLC agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Service, you may reject any such change by sending Trendy Interior Design LLC written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Terms of Service (or accepted any subsequent changes to this Terms of Service).
You agree that Trendy Interior Design LLC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Trendy Interior Design LLC believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Trendy Interior Design LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Trendy Interior Design LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Trendy Interior Design LLC will not be liable to you or any third party for any termination of your access to the Service. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of your breach of this Terms of Service and your use of the Service.
Notice Regarding Apple
Trendy Interior Design LLC offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Terms of Service, the following terms and conditions apply:
Trendy Interior Design LLC and you acknowledge that this Terms of Service are concluded between Trendy Interior Design LLC and you only, and not with Apple, and that as between Trendy Interior Design LLC and Apple, Trendy Interior Design LLC, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Trendy Interior Design LLC’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Trendy Interior Design LLC and you acknowledge that Trendy Interior Design LLC, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Trendy Interior Design LLC and Apple, Trendy Interior Design LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Trendy Interior Design LLC and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about this Terms of Service or any other matters, you can contact Trendy Interior Design LLC by email at firstname.lastname@example.org, or by U.S. Post at Trendy Interior Design, 30025 Alicia Pkwy #20-24, Laguna Niguel, CA 92677.