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Conditions of Use
TERMS AND CONDITIONS
WELCOME! Please read these terms and conditions carefully. By viewing or using our website or by ordering any catalogs, newsletters or savings certificates through our website, you agree to the Terms and Conditions below.
This agreement describes your responsibilities with respect to your use of Allureshouse.ecrater.com
Information at Allureshouse.ecrater.com. For your benefit, Allureshouse.ecrater.com contains information, offers, text, and other materials (collectively, the Information) that are provided for your convenience and enjoyment. In addition, third parties provide much of the Information to Allureshouse.ecrater.com. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. Allureshouse.ecrater.com does not guarantee the completeness, accuracy, adequacy, currency or reliability of the Information.
Ordering. When you order a catalog, newsletter, magazine or savings certificate through Allureshouse.ecrater.com, you will be asked to voluntarily provide us with true and accurate information about yourself. This information is comprised of the information that you voluntarily fill in on our order form. Please note that we are committed to protecting your privacy and that all of your information is subject to the terms of the Allureshouse.ecrater.com. Privacy Statement found on our website.
Representations. By using this Website, you represent that:
• You are at least eighteen years old or you are using this website under the supervision of an adult guardian; and
• You will not upload, post, transmit, distribute or otherwise publish through Allureshouse.ecrater.com any materials which (i) restricts or inhibits any other user from using and enjoying Allureshouse.ecrater.com; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; (iv) violates, plagiarizes or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) contains a virus or other harmful or potentially harmful component; (vi) contains any information advertising of any kind; and/or (vii) constitutes or contains false or misleading indications of origin or statements of fact.
INTELLECTUAL PROPERTY
Our Site, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Site Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site or Service are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Site or Service. Any rights not expressly granted in these Terms of Use are expressly reserved.
ACCESS OR USING OUR SERVICE
(a) To access or use some content or features of our Site or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
(b) Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
(c) Accounts. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by email
LIMITATION, SUSPENSION OR TERMINATION
a) We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Site or Service (including any Site Content or User Content) without prior notice. We may do so based on changes to our business practices (e.g., eliminating a Service, etc.), if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
(b) Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action.
ACCEPTABLE USE
(a) Our Site and Service (including, without limitation, Site Content and User Content) are provided for your information and personal, non-commercial use only. When using our Site or Service, you agree to comply with these Terms of Use, and all applicable federal, state and local laws.
(b) Except as expressly permitted by these Terms of Use, you may not:
- use our Site or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
- use our Site or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
- use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
- use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site or Service;
- modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site or Service (e.g., those that prevent or restrict copying Site Content);
- use our Site or Service to transmit any data, or upload to our Site or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Service.
- use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site or Service, or use network-monitoring software to determine architecture of or extract usage data from our Site or Service; or
- decompile, reverse engineer or disassemble any portion of our Site or Service;
(c) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
USER CONTENT
(a) We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Site or Service (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively "User Content"). For example, any comment, rating or review of a product or a merchant that you post through our Site or Service is your User Content.
(b) Standards . You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:
- will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
- will be truthful, non-misleading and non-deceptive;
- will not contain any material which is tortuous (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
(c) We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove (except for removal of content pursuant to Section 15) any User Content for any reason including, without limitation, violation of these terms.
- will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
- will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person;
(d) Grant of Rights & Use . We do not claim ownership to your User Content. However, by submitting User Content, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" with respect to the User Content
- By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., "Todd W. - Columbus, OH," "Julie A. - Wyoming," etc.), in connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted in the previous paragraph.
- Without limiting the rights granted in the foregoing paragraphs, and for avoidance of doubt, we reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide third-parties your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
IDEMNIFICATION
You agree to indemnify and hold harmless Allureshouse.ecrater.com and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of our Site or Service; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us. Notice to Allureshouse.ecrater.com , must be sent to: SD Support at [email protected]
(b) If after 45 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(c) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings there under shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(d) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 13 below, we each agree that any arbitration will be solely between you and Elations, not as part of a class wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
COPYRIGHT INFRINGEMENT
(a) In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing the copyright of others.
(b) Consistent with the Digital Millennium Copyright Act ("DMCA"), Allureshouse.ecrater.com will respond to a notice of alleged copyright infringement regarding any information available on our Site or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing Allureshouse.ecrater.com that copyrighted material may have been infringed will not receive a response through this process.
(c) Pursuant to the DMCA, your infringement notification must include the following information:
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- Your address, telephone number and e-mail address;
- A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
- A description of the copyrighted work that you claim has been infringed upon;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(d) Please send your notice of copyright infringement to: Allureshouse.ecrater.com at [email protected]
. AMENDMENT; ADDITIONAL TERMS
(a) We are constantly updating our Site and Services to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes (e.g., to reflect updates to our practices and policies).
(b) Modifications to these Terms of Use or any Additional Terms will be effective upon: (a) notice, either by posting on our Site or by email notification; and (b) your subsequent use of our Site or Service. It is your responsibility to review the Terms of Use and the Site from time to time for any changes or Additional Terms.
OTHER TERMS
(a) Except where specifically stated otherwise (e.g., Section 11(e)), if any part of these Terms of Use are deemed unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected and shall remain in force and effect.
(b) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and Theradicalretailer in connection with the Site and Service.
WARRANTY; LIMITATIONS.
THE Allureshouse.ecrater.com WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM ScottsDecor.com, IS PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Allureshouse.ecrater.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: - THE CONTENT ON Allureshouse.ecrater.com; - THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH Allureshouse.ecrater.com; - ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR, - ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH ScottsDecor.com OR ANY LINKED SITE.
Limitations. Under no circumstances shall Allureshouse.ecrater.com be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, Allureshouse.ecrater.com even if Allureshouse.ecrater.com has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ScottsDecor.coms total liability to you for all damages, losses, or causes of action exceed the amount of a complete refund for items purchased by you through Allureshouse.ecrater.com in the one (1) month period preceding the alleged loss or claim, or $100.00, whichever is less.
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