BY VISITING www.designmode.biz, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Client will receive design recommendations based on the questionnaire, pictures, videos, measurements or other material submitted by the client. Design is inherently subjective, however, and you agree that cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive from Design Mode.
Due to the nature of online shopping, Design Mode has made every effort to portray recommended products and their colors and materials in the most accurate way on the Design Board. The displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by Design Mode as an accurate portrayal of the actual color or material of the product. We also make best efforts to estimate scale of your space based on photos and measurements provided, but can’t guarantee that all recommended products will fit your space. Customers are recommended to accurately measure their space to ensure that items fit prior to purchasing. Customers are required to ensure the return policy of any design purchase is to their liking.
DUE TO THE EVER CHANGING NATURE OF THE INTERNET, DESIGN MODE DOES NOT GUARANTEE, OR WARRANTY ANY OF THE PRODUCTS OR MERCHANDISE PURCHASED BY YOU THROUGH THE USE OF OUR SERVICES OR THOSE SERVICES OF A SERVICE PROVIDER. YOUR ONLY RECOURSE OR REMEDY FOR GUARANTEE OR WARRANTY CLAIMS IS DIRECTLY WITH THE MANUFACTURER OR PRODUCER OF THE MERCHANDISE.
While DESIGN MODE will attempt to ensure that all retail product links are current in order to assist clients with purchasing design items, there is no guarantee that the furniture or accessories recommended by DESIGN MODE will be available for purchase at all OR within a specific time frame due to the ever-changing nature of the Internet. (You may have a gap in time between final design board delivery and your implementation of the items) If prices are provided as part of the design service recommendation, there is no guarantee that the price is the lowest price or that the customer will find the item at the similar or same price when they order.
The terms “we,” “us,” and “our” refer to Design MODE. The term the “Site” refers to www.designmode.biz. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Design Mode provides interior designer advice via our blog, consultations, digital products and proposals (the “Service”). Use of www.designmode.biz, including all materials presented herein and all online services provided by Design Mode, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to interior design advice and tools and other information are subject to change. Design Mode makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Design Mode disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
LAWFUL PURPOSES You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATIONS We will email you to confirm the placement of your order and with details concerning any potential product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Sales of digital products are final. No refunds will be issued. All bookings for consulting services are 100% refundable up to 7 days before the first scheduled date service is to begin. Any services cancelled within 7 days of the service start date will be charged in full. No refunds will be given after consultation services have started.
PRODUCT DESCRIPTION We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS We claim no intellectual property rights over the material you supply to Design MODE. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Design MODE remains yours to the extent that you have any legal claims therein. You agree to hold Design MODE harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY The Site and Service contain intellectual property owned by Rheana Coon did Design Mode, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, RHEANA COON dba DESIGN MODE, IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ALYCIA WICKER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DESIGN MODE'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DESIGN MODE.
THIRD PARTY RESOURCES The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with DESIGN MODE. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation,attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Links to third party sites/Third party services DESIGN MODE may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DESIGN MODE AND DESIGN MODE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DESIGN MODE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DESIGN MODE of the site or any association with its operators.
Certain services made available via DESIGN MODE are delivered by third party sites and organizations. By using any product, service or functionality originating from the DESIGN MODE domain, you hereby acknowledge and consent that DESIGN MODE may share such information and data with any third party with whom DESIGN MODE has a contractual relationship to provide the requested product, service or functionality on behalf of DESIGN MODE users and customers.
If you click on a link that DESIGN MODE provided, it MAY be a link to someone who will give A SMALL COMMISSION TO DESIGN MODE. We believe in being up front and honest about this, because it’s important and the right thing to do! We appreciate the support of our business and all avenues of our revenue stream.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Design Mode or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Design mode’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of design mode and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
You agree to indemnify, defend and hold harmless Design Mode, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Design mode reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Design Mode in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESIGN MODE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DESIGN MODE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESIGN MODE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.