PLEASE READ CAREFULLY: This page states the Terms and Conditions (the "General Terms" or the "Agreement") under which any User ("User" or “you”) may use the SimplyDecorate.com Web Site located at http://www.simplydecorate.com (the "Web Site"). Please read this page carefully. By accessing and using the Web Site, You accept and agree to be bound, without modification, limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, you must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The Simply Decorate, LLC, the owner of the Web Site may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page the Web Site periodically to review the Terms.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE
Simply Decorate, LLC guarantees the client will receive a room design with the correct room dimensions, color schemes, etc., as selected by the end of the user/customer. With this, no material from SimplyDecorate.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on Simply Decorate.com. Simply Decorate.com, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, messages, graphics, software and the HTML used to generate the pages (“Materials and Content”), is property of Simply Decorate, LLC. Simply Decorate grants you a personal, limited, non-exclusive, non-transferable license to access SimplyDecorate.com and to use the information and services contained here. Simply Decorate reserves the right, for any reason or for no reason, in its sole discretion and without notice to you, to revise the products and services described on SimplyDecorate.com and to terminate, change, suspend or discontinue any aspect of the Web Site, including, but not limited to, the Materials and Content on the Web Site as well as features and/or hours of availability of SimplyDecorate.com, and Simply Decorate will not be liable to you or to any third party for doing so. Simply Decorate may also impose rules for and limits on use of the Web Site or restrict your access to part, or all, of the Web Site without notice or penalty. The content of the Web Site is for your general information and use only. Unauthorized use of this Web Site may give to a claim for damages and/or be a criminal offense. Your use of the Web Site and any dispute arising out of such use of the Web Site is subject to the laws of the State of New York, United States of America. Any action relating to the use of SimplyDecorate.com or any transaction with Simply Decorate, LLC must be brought in the state or federal courts located in the County of New York, New York. This Agreement will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
A Simply Decorate design package is meant to be used solely as an inspirational guide and all selections are meant to have flexibility and should be substituted if selections are not approved by the customer. While Simply Decorate, LLC has made every effort to portray its products and their colors and materials in the most accurate way on the Web Site and on printed media, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by Simply Decorate, LLC as an accurate portrayal of the actual color or material of the product. Due to ink and printing variations, Simply Decorate, LLC cannot guarantee an accurate representation of any color or material on printed on your PDF. If color is an issue, the client will be able to order a paper PMS guide. Simply Decorate, LLC reserves the right, without prior notice, to make changes to any service and/or product offered on this Web Site or to the applicable prices for any such service or product at any time. Pricing for product and services listed on SimplyDecorate.com are quoted in US dollars and are valid only in the US. All prices are subject to change. At times, simple assembly may be required for some furnishings on your price list. Refer to the manufacturer’s product manual for any questions you may have with the assembly of your furniture. Items in your shopping list are subject to availability per the vendor’s stock levels. Simply Decorate cannot guarantee availability or workmanship of product purchased from outside vendors.
Use Of Web Site
The Web Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Web Site, purchasing products, providing information to the Web Site, and downloading product information for your personal use. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Web Site. Simply Decorate, LLC specifically prohibits any use of the SimplyDecorate.com, and requires all users agree not to use the Web Site, for posting any inaccurate or false information, communicating or posting material that reveals trade secrets or intellectual property without express permission from owner, engaging in conduct that would constitute a criminal offense, giving rise to civil liability, including but not limited to any defamatory statements, or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol and/or attempting to interfere in any way with the Web Site’s networks or network security, or attempting to use the Web Site’s service to gain unauthorized access to any other computer system.
The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site ("Material") are protected by copyright under both United States and foreign laws, and are owned or controlled by Simply Decorate or by third parties that have licensed their Material to Simply Decorate. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may download Simply Decorate ‘s copyrighted material, to the extent it may be downloaded, for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of Simply Decorate and the copyright owner of any material(s) not owned by Simply Decorate. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. Simply Decorate, LLC is the owner and authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Web Site. All other trademarks appearing on the Web Site are the property of their respective owners. Simply Decorate logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are property of Simply Decorate, LLC and may be registered. All rights reserved. You may not display or use any of the above in any manner without permission from Simply Decorate, LLC.
Errors And Inaccuracies
Simply Decorate, LLC does not hold any responsibility for misinformation generated by the client during use of SimplyDecorate.com. This includes information created by the online room builder such as measurements, window and outlet placements and errors in style, personality and color selections. All information submitted with purchase to be considered final and reviewed by client. Any errors in designs related to misinformation from client are the sole responsibility of client and any changes are billable, whether it is an entirely new room design or up-charge for creative time. This is at the discretion of SD.
Simply Decorate, LLC makes every attempt to provide accurate and timely information; however, there may be inadvertent technical or factual inaccuracies and typographical errors. Simply Decorate, LLC does not claim that the information on the Web Site is appropriate to your jurisdiction or that the products described on the Web Site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of this Web Site, which is provided on an “as is” and “as available” basis. Simply Decorate, LLC disclaims all warranties, representations and endorsements of any kind, either expressed or implied, with regard to information accessed from or via the Web Site, including without limitation, all content and materials, functions and services provided on the Web Site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Simply Decorate, LLC does not warrant that the Web Site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Simply Decorate, LLC makes no warranty that the Web Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written obtained by you through the Web Site shall create any warranty not expressly made herein. If you are dissatisfied with the Web Site, your sole remedy is to discontinue using the Web Site. Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download or use of any such material. Simply Decorate, LLC cannot ensure that files and/or data you download from the Web Site will be free of viruses or destructive features. Simply Decorate, LLC makes no warranties regarding any non-Simply Decorate, LLC Web Sites to which you may be directed or hyperlinked from this Web Site. Hyperlinks are included solely for your convenience, and Simply Decorate, LLC makes no representations or warranties with regard to the accuracy or safety of information provided in such non-Simply Decorate, LLC Web Sites and does not endorse or guarantee any products or services offered or provided by or on behalf of third parties on the Web Site.
Simply Decorate may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by Simply Decorate of the contents on such third-party Web sites. Simply Decorate is not responsible for the content of linked third-party sites. Simply Decorate exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. Simply Decorate shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.
Limitation Of Liability
Simply Decorate makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material.
USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER'S SOLE RISK. NEITHER SIMPLY DECORATE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE RESULTS OR MATERIAL THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR TO THE FITNESS FOR INTENDED USE OF THE RESULTS OR MATERIAL THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ICSC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
By use of the Web Site, you acknowledge and agree that Simply Decorate, LLC may preserve any transmittal or communication by you with Simply Decorate, LLC through the Web Site or any service offered on or through the Web Site. Simply Decorate, LLC may disclose data if required to do so by law or if Simply Decorate, LLC deems such disclosure is reasonably necessary for, but not limited to, the following circumstances: compliance with legal process, enforcement of the Terms, responding to claims that violate the rights of others and to protect the rights, property or personal safety of Simply Decorate, LLC, its employees, users of or visitors to the Web Site and public. In no event shall Simply Decorate, LLC, its affiliates or any of their respective directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the Web Site or the content and materials or functionality on or accessed through the Web Site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if Simply Decorate, LLC or its representative or such individual has been advised of the possibility of such damages.
You agree to defend, indemnify and hold Simply Decorate, LLC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Web Site and its products, your violation of the Terms or the posting or transmission of any materials on or through the Web Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Simply Decorate Design Packages:
Due to every design package being custom and unique to each client, all Sales are Final and non-refundable.