Website User Agreement

LAST MODIFIED: August 19, 2020

Welcome to Margie.Torres.Design’s (“Company”, “we”, “us”, or “our”) website. Please read this Website User Agreement (this “Agreement”) carefully upon accessing or using the Services (as defined below) of the margietorresdesign.com website and other Company-owned or controlled websites that link to this Agreement (collectively, the “Sites”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES AND THE RELATED SERVICES, CONTENT OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITES (collectively, the “Services”). 

By accessing or using the Services or by clicking or selecting to accept or agree to this Agreement when the option is made available to you, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. If you, as an individual, are acting for or on behalf of a company, organization, or other entity, such as your employer, then by accessing or using the Site: (i) you represent that you are fully authorized to access or use the Services; (ii) you agree to be bound by this Agreement on behalf of yourself and such entity; and (iii) “you” shall refer collectively to you and such entity. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

Company may update or revise this Agreement from time to time and in our sole discretion, and all changes are effective immediately upon posting. You are expected to check this page regularly in order to be aware of any such updates or revisions, and your continued use of the Services following the posting of a revised Agreement indicates that you accept and agree to the changes. Except as otherwise expressly stated by Company, any use of the Services is subject to the version of this Agreement in effect at the time of use. Please note that Company’s return policy, and the terms and conditions related to the availability of products and authorized payment methods are not the subject of this Agreement but are instead set forth separately on Company’s website.  

SERVICES

We provide residential design services.  As more fully described the Sites, the Services include:

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

In order to access the Services, you must set up a user account on the Sites.  You will be asked to provide certain registration details, such as your name and address.  [Any other key details to mention?]  By registering for the Services, you confirm that you are a resident of the United States.  If you are not a United States resident, do no access our Sites and do not register for Services.   If you access the Sites or Services from a location outside of the United States, you are solely responsible for compliance with all local and other applicable laws.

By providing any information about yourself, you represent and warrant that all the information you provide via the Services is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy [https://margietorresdesign.com/index.php/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms, or any applicable law or regulation.

PAYMENT FOR SERVICES

Our current fee schedule and payment policies for the Services are available on the Sites. You agree to pay all charges in the fee schedule, as well as any applicable sales tax, shipping costs and fees, at the time of checkout. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Services provided to you.

PRIVACY

Our Privacy Policy sets forth our practices with respect to the collection, use, disclosure and protection of personal information, accessible at [https://margietorresdesign.com/index.php/privacy-policy/]. By accessing or using the Services you acknowledge that you have read and understand the terms of the Privacy Policy and consent to the treatment of your information in accordance with the Privacy Policy.

GENERAL TERMS AND CONDITIONS

Unless otherwise noted, the Services and any products offered via the Sites or Services are intended for personal, non-commercial purposes only. You agree to use the Sites only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws. 

INTELLECTUAL PROPERTY RIGHTS

The Services, and all contents thereof, including, without limitation, text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, graphics, and icons (collectively “Proprietary Material”) are or may be protected by copyright, trademark, patent, or other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Company or its licensors.

No right, title, or interest in or to the Services or any contents or materials thereof is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by Company. Any use of the Services not expressly permitted by this Agreement constitutes a breach of this Agreement and may violate copyright, trademark, and other laws. 

You are permitted under this Agreement to use the Services for personal, non-commercial purposes only. Pursuant to such use, (i) your computer or device may temporarily store copies of Proprietary Material in memory incidental to your access and use of such Proprietary Material; and (ii) you may print or download a reasonable amount of Proprietary Material, solely for private use and not for further reproduction, publication or distribution. 

You agree that you will not, use, publish, reproduce, download, display, distribute, modify or created derivative works of the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process, except as expressly provided herein. Modification of the materials appearing on the Sites or in the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights, and we may immediately terminate your right to use the Services, and you must, at our option, return or destroy any and all copies of Proprietary Material in your possession.

Trademarks. The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You agree that you will not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

Additionally, you agree not to:

If we learn or reasonably suspect that you, or others under your control or direction, have used the Sites in a manner prohibited herein, we may block, suspend, terminate, or withhold your access to the Sites as we deem appropriate in our sole discretion.

OTHER WEBSITES

The Sites may contain links to third party sites, such as those for our advertisers and sponsors, that are not owned or operated by Company. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party sites or the information or material accessed through these third party sites.

NO OFFER

The Sites are provided solely for informational purposes. No contents or information provided on the Sites constitutes an offer, and no contents or information provided on the Sites shall be binding on Company. No binding agreement between you and Company exists unless a formal written agreement is executed and delivered by and between you and Company.

DISCLAIMER

VISITORS TO THE SITES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITES IS AT THEIR OWN SOLE RISK. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITES; AND (ii) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. 

INDEMNIFICATION

By using the Sites, you agree to defend, indemnify, and hold Company and its officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including without limitation, attorneys’ fees and expenses, arising in any way from or in connection with (i) your use of the Sites or Services, or (ii) any violation by you of this Agreement, our Privacy Policy or any other policy posted on the Sites applicable to your use of the Sites. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF ITS REPRESENTATIVES IS NOT LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES OR ANY SERVICES, CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.

WAIVER AND SEVERABILITY 

The failure of Company or you to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

ARBITRATION

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).Arbitration proceedings shall be conducted in Oakland, California in the English language, and, at the request of either party, result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator(s). 

To the fullest extent permitted by applicable law, you and Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

GOVERNING LAW

We control and operate the Sites from our offices in the State of California, United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, our Privacy Policy and any other policies posted on the Sites applicable to your use of the Sites shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute arising from or relating in any way to your use of the Sites resides in the courts of the County of Alameda, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Alameda, State of California, in connection with any such dispute and including any claim involving Company, our employees, contractors, officers, directors and suppliers. 

STATUTE OF LIMITATIONS

Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of Sites or Services, or to this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and Company with respect to the Sites, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.