Acceptance of the Terms and Conditions of Use
Program Terms and Conditions of Use Agreement
These Terms and Conditions of Use Agreement (“Terms and Conditions of Use”) are entered into by and between CLIENT (“Client”) and SANDRA FUNK LEVY, LLC D/B/A HOUSE OF FUNK ("Company").
The following Terms and Conditions of Use, together with any documents they expressly incorporate by reference, govern the Client’s access to and use of the Interior Design Standard Program (the “Program”), including any content, functionality, and/or services offered on or through modules and/or any other aspect of the Program as a registered user. As a condition of gaining access to and using the Program, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
The Client acknowledges and agrees that he/she/it has read these Terms and Conditions of Use carefully before purchasing and/or starting to use the Program. By signing to accept or agree to the Terms and Conditions of Use when this option is made available and/or by using the Program, the Client accepts and agrees to be bound and abide by these Terms and Conditions of Use. The Client further acknowledges that the Company may revise and update these Terms & Conditions of Use from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Program thereafter.
These Terms and Conditions of Use shall commence and be enforceable with respect to the Client upon the date that the Client initially registers for the Program and/or signs the Program Agreement.
Accessing the Program and Account Security
The Client is responsible for: (1) making all arrangements necessary to have access to the Program, including but not limited to monitoring Spam email folders for Company correspondence and (2) ensuring that all persons who access the Program through the Client’s Program registration are aware of these Terms and Conditions of Use and comply with them.
The Client’s user name, password, and/or any other piece of information must be treated as confidential, and must not be disclosed to any other person or entity, except Authorized User(s). An Authorized User is defined as a direct employee, team member or bona fide subcontractor presently under contract with the Client. It is the Client’s sole duty and responsibility to ensure that any and all Authorized User(s) agree to be bound by the Terms and Conditions of Use set forth herein. The Client also acknowledges and agrees not to provide any unauthorized person with access to the Program or portions of it. The Client agrees to notify the Company immediately of any unauthorized access to or use of the Client’s user name or password or any other breach of security. The Client agrees to use particular caution when accessing the Client’s account from a public or shared computer so that others are not able to view or record the information.
The Company has the right to disable any user name or password, at any time in its sole discretion if the Company has a reasonable belief that the Client has violated any provision of these Terms and Conditions of Use.
As consideration for the purchase of the Program, or any ancillary purchase, the Client shall pay the Company all applicable fees and taxes. The Company (or its third-party payment processor) shall authorize the Client’s credit card, bank account, or other approved payment facility provided during the registration process for the full payment of the fees and any applicable taxes, and the Client hereby consents to the same. The Client must provide current, complete, and accurate billing and credit card information. The Client must promptly update all billing information (such as billing address, card number, and expiration date) to keep the account current, complete, and accurate, and the Client must promptly contact the Company if the credit card is lost or stolen, or if the Client become aware of a potential breach of account security (such as an unauthorized disclosure or use of sign-in name or password). The Client hereby authorizes the Company to obtain or determine updated or replacement expiration dates for the Client’s credit card in the event that the credit card provided expires. The Company reserves the right to charge any renewal card issued to the same extent as the expired card. If payment is not received from the credit card issuer, the Client hereby agrees to pay all amounts due upon demand. The Client agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which the Client will be responsible to pay. The Client is advised to check with his/her/its bank and credit card issuer for details.
While client satisfaction is paramount, all sales of the Program are final, and the Company does not offer any money-back guarantees. The Client recognizes and agrees that he/she/it shall not be entitled to a refund, except in extenuating circumstances in the sole discretion of the Company.
Intellectual Property Rights
The Program and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms & Conditions of Use permit the Client to use the Program. The Client must not reproduce for resale, redistribute to any unauthorized person(s) or entity(ies), improperly modify, publicly perform, republish, or transmit any of the material of the Program.
No right, title, or interest in or to the Program or any content on the Program is transferred to the Client, and all rights not expressly granted are reserved by the Company. Any use of the Program not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.
The Client may use the Program only for lawful purposes and in accordance with these Terms and Conditions of Use. The Client agrees not to use the Program:
Additionally, the Client agrees not to:
The Program may contain discussion groups, Facebook live videos, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") through the Program. All User Contributions must comply with these Terms and Conditions of Use.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution as part of the Program, the Client grants the Company the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
The Client understands and acknowledges that the Client is responsible for any User Contributions submitted or contributed, and the Client has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by the Client or any other user of the Program. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to the Client or any third party, for the content or accuracy of any materials provided by any third parties.
Standards and Enforcement
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Company has the right to:
Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Program.
THE CLIENT WAIVES AND HOLDS HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, the Company cannot review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Nothing contained in the Program shall be construed as a warranty or guarantee on the part of the Company that any success or other specific results will be achieved by the Client. In addition, prior results, i.e. testimonials, do not predict future outcomes. The Company does not warrant that the use of the Program will have any specific results. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by the Client or any other Authorized User of the Program, or by anyone who may be informed of any of its contents.
The Client agrees to take full responsibility for any harm or damage the Client suffers as a result of the use, or non-use, of the information available in the Program. The Client agrees to use judgment and conduct due diligence, including but not limited to seeking independent legal and financial advice, before taking any actions or implementing any plans or policy suggested or recommended in the Program.
The Company is based in the State of Tennessee in the United States. The Company provides this Program for use by persons located in the United States and Internationally. If the Client accesses the Program from outside the United States, the Client does so on his/her/its own initiative and is responsible for compliance with local laws.
Disclaimer of Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
The Client understands and agrees that the Company cannot and does not guarantee or warrant that files available for downloading from the Program will be free of viruses or other destructive code. The Client is responsible for implementing sufficient procedures and checkpoints to satisfy his/her/its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE CLIENT’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE CLIENT’S USE OF THE PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM OR TO THE CLIENT’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PROGRAM LINKED TO IT.
THE CLIENT’S USE OF THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM IS AT THE CLIENT’S OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PROGRAM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PROGRAM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM WILL OTHERWISE MEET THE CLIENT’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE CLIENT’S USE, OR INABILITY TO USE, THE PROGRAM, ANY PROGRAMS LINKED TO IT, ANY CONTENT ON THE PROGRAM OR SUCH OTHER PROGRAMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the Client’s violation of these Terms and Conditions of Use or the Client’s use of the Program, including, but not limited to, the Client’s User Contributions, any use of the Program's content, services, and products other than as expressly authorized in these Terms and Conditions of Use, or the Client’s use of any information obtained from the Program.
Governing Law and Jurisdiction
All matters relating to the Program and these Terms and Conditions of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions of Use or the Program shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, although the Company retains the right to bring any suit, action, or proceeding against the Client for breach of these Terms and Conditions of Use in the Client’s country of residence or any other relevant country. The Client waives any and all objections to the exercise of jurisdiction over the Client by such courts and to venue in such courts.
At Company's sole discretion, it may require the Client to submit any disputes arising from these Terms and Conditions of Use or use of the Program, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.
The Company shall not be liable or responsible to the Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
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Document Name: Acceptance of the Terms and Conditions of Use
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