DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH INTERIOR (INCLUDING CLAIMS RELATING TO INTERIOR’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY INTERIOR, OR INTERIOR’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: 35 WILLOW PLACE, BROOKLYN, NY 11201, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY OF INTERIOR’S INTELLECTUAL PROPERTY RIGHT(S) (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
CLASS ACTION WAIVER
The Website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website and downloading product information for your personal review. 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 Website. Interior specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
- Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the Website’s or Interior’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting or posting material that is in violation of applicable laws or regulations; or
- Using the Website to harass, disrupt, or unlawfully interfere with Interior’s business interests.
In connection with your use of the Website, you may be required to create an account with us (“User Account”) in order to access and use the Website, check-out and purchase products. To create a User Account, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, such as your name and email address. There is no cost or payment required to create a User Account.
By creating a User Account, you agree that you shall (i) provide true, accurate, current and complete information about yourself as requested during the registration process, and (ii) maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your User Account to reflect those changes. We may, at any time and in our sole discretion, require you to update your User Account or provide additional information. If you fail to respond to such request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, Interior may, at its sole discretion, suspend or terminate your User Account and refuse any and all current or future use of the Website or any portion thereof.
Additionally, by creating a User Account, you agree that you are solely responsible for ensuring that your use of the Website is in compliance with all laws, rules and regulations applicable to you, and any license we grant to you to access and use the Website is and shall be revoked where these Terms or your use of the Website is prohibited or conflicts with any applicable law, rule or regulation.
In connection with any purchases through the Website, you may be asked to provide customary billing information such as name, billing address and credit card or payment card information. Once your payment transaction is complete you will receive a confirmation email. The exchange of funds through the Website (“Payment Processing”) is provided and facilitated by Shopify (“Shopify”) and is subject to the Shopify’s terms and conditions, which can be found at https://www.shopify.com/payments (“Shopify Terms”). By using the Website, you agree to be bound by the Shopify Terms, as the same may be modified from time to time. You agree that the information you provide is true, accurate and complete and you authorize us to share this information to Shopify, as well as transaction information related to your use of the Payment Processing services provided by Shopify. In all cases, standard credit card or other third-party processing fees may apply. We are not responsible for the performance of any third-party credit card processing or third-party payment services. Interior does not store your billing information on its systems and is not responsible for the safety or security of that information. All billing information is sent directly to and stored with Shopify according to their privacy security policies, protocols and procedures, to which you expressly agree.
LIMITS ON PURCHASES
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Interior merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.
Violations of system or network security may result in civil or criminal liability. Interior investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
- Accessing data not intended for you or logging on to our server or account that you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of our Website, our provision of services to any other visitors to our Website and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “email bombing” or “crashing” the Website;
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Website;
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
- Using any information obtained from the Website, or the Website itself, in order to contact, advertise to, solicit or sell any products or services to any other User or person without their prior explicit consent;
- Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website;
- Attempting to impersonate another User or person;
- Using any information obtained from the Website in order to harass, abuse or harm another person;
- Using the Website in a manner inconsistent with any and all applicable laws and regulations;
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Engaging in any type of bullying, harassment, other offensive behavior;
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website;
- Removing any copyright, trademark or other proprietary rights notices contained in the Website;
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website;
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures;
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website; or
- Modifying, translating, or creating derivative works based on the Website.
We control and operate the Website from the United States, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations.
Any software or code that may be downloaded from the Website is subject to export controls under the laws and regulations of the United States. By visiting and using our Website, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
PRODUCT AND PRICING INFORMATION
Although Interior has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Interior cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Interior is not responsible for typographical errors regarding price or any other matter. Likewise, Interior does not warrant the accuracy of customer product ratings, comments or feedback.
As between you and Interior (or any other company whose marks appear on the Website), Interior (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website, and is the copyright owner or licensee of the Materials and Content on the Website, unless otherwise indicated. The Interior logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Interior Intellectual Property”) are owned by Interior and may be registered in the United States and internationally. You agree not to display or use Interior Intellectual Property in any manner without Interior’s prior permission. Nothing on the Website should be construed to grant any license or right to use any Interior Intellectual Property without the prior written consent of Interior. Except as otherwise provided herein, use of the Website does not grant you a license to any Materials and Content or features you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Interior. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Website, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
USER CONTENT AND MATERIAL
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with @interior.nyc, #interior #interior.nyc or #interiorwear or any other social media account owned or operated by us or any of our promoted hashtags (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Interior and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Interior will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Interior shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Interior retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Website, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Interior, you will furnish Interior any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Interior and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Interior does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Interior and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Interior or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Interior has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Interior acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Interior becomes aware of any User Content that allegedly may not conform to these Terms, Interior may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Interior has no liability or responsibility to Users for performance or nonperformance of such activities.
INTERIOR HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST INTERIOR FOR SUCH REMOVAL AND/OR DELETION. INTERIOR IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE OR ANY OTHER WEBSITES OR PLATFORMS LINKED THERETO.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into the Website for any purpose.
Interior respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Interior’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:
Interior Wear, LLC
Attn: Customer Service
35 Willow Place
Brooklyn, NY 11201
(For both mail and email notices, please include “Notice of Infringement” in the subject line.)
Upon receipt of notices complying with the DMCA, Interior will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Interior may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Interior ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
DISCLAIMERS AND LIMITATION OF LIABILITY
Interior publishes information on its Website as a convenience to its visitors. While Interior attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. The Interior products described on the Website may not be available in your region. Interior does not claim that the information on the Website is appropriate to your jurisdiction or that the products described on its Website will be available for purchase in all jurisdictions.
Products made available for purchase on our Website are intended for use only by dogs. We hereby expressly disclaim all liability for any damages or claims arising from, or in any way related with, your or any other human use of products you order from us.
You assume all responsibility and risk with respect to your use of the Website, which is provided “AS IS.” Interior DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE 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. Interior DOES NOT WARRANT THAT THE 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. Interior MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Interior makes no warranties of any kind regarding any non-Interior sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Interior makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Interior sites. Interior does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
IN NO EVENT SHALL INTERIOR, 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 CAUSES 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 SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE 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 INTERIOR OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold Interior and its parents, subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the information, products, and other services obtained through your use of the Website; (ii) any User Content you upload or submit to us; (iii) your breach or violation of any representation, warranty, or covenant referenced in these Terms, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Website or other websites to which the Website is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
GOVERNING LAW AND DISPUTES
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Website, or to any purchase, return or other transaction with Interior shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Interior Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Interior shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Interior’s reasonable control, including, without limitation, any “act of god”, act of government, flood, fire, civil unrest, pandemic, epidemic, governmental restrictions, act of terror, strike or other labor problem, computer attacks or malicious acts, mechanical, electronic or communications failure or degradation, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”). Without limiting the foregoing, we shall have no obligation or liability to provide the Website if we are unable to do so, in our sole discretion, due to a Force Majeure Event. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
These Terms constitute the entire agreement between you and Interior and govern your use of the Website, and they supersede any prior agreements between you and Interior. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website. Interior may terminate this Agreement and deny you access to the Website at any time, immediately and without notice, if in Interior’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between Interior and you as a result of this Agreement or your use of the Website.
Any claim or cause of action you may have with respect to Interior or the Website must be commenced within one (1) year after the claim or cause of action arose.
The failure of Interior to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Interior’s express written consent. The Terms inure to the benefit of Interior’s successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Website, or to provide any notice under these Terms to us, please refer to our Contact Us page.
Last Updated: March 16, 2021