Terms and Conditions
These Terms and Conditions (the "Terms") is a legally binding contract between you, an individual user(“you”, “client”, or “subscriber”), whether personally or the Subscribing Entity (defined below) on whose behalf you are acting, and Maudify, LLC ("us", "we", “our”, or “Maudify”) governing your use of Maudify’s products and services available through the Maudify Showroom website (the "Website"), as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), where those services are the “Service”. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT USE THE SERVICE.
- Summary of Material terms:
1.1) As provided in greater detail in the TERMS (and without limiting the express language of the TERMS), you acknowledge the following:
a) you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the, including with respect to the collection of location information;
b) the Website and Service is provided “as is” without warranties of any kind and Mable's liability to you is limited; and
c) disputes arising hereunder will be resolved by binding arbitration.
The Service is a platform enabling people and companies (“Clients”) seeking interior design services and designer approved products.
- 2.2) Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors (defined below) for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
- 2.3) Changes to the TERMS. We may revise the TERMS at any time by posting an updated version. You should visit this page periodically to review the most current TERMS, because you are bound by it. Your continued use of the Service after a change to the TERMS constitutes your binding acceptance of the TERMS.
- 2.4) Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the TERMS and (ii) agree on behalf of such Subscribing Entity to bind the Subscribing Entity to the TERMS.
- 2.5) Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
3) Scope of License to Users:
3.1) License Grant to You. The Website is licensed, not sold, to you for use only under the TERMS. Subject to your complete and ongoing compliance with the TERMS, Mable hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website, solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act to access and receive the Service.
3.2)License Limitations. You may not modify, alter, reproduce, or distribute the Website. You may not rent, lease, lend, sell, redistribute or sublicense the Service, Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, Website or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the TERMS, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
3.3) Applicability to Updates. The TERMS will govern any updates provided to you by Maudify that replace and/or supplement the Website, unless such upgrade is accompanied by a separate license or revised TERMS, in which case the terms of that license or revised TERMS will govern.
4) Registration and Eligibility.
4.1) Account Types and Registration. Anyone may browse the public-facing pages of the Website, and Service, but to start the Subscription, the client must register.
4.2) Client. To become a Maudify Subscription Client, you must provide your zip code, phone number, email address, and name. You may also be asked to take a design quiz and/or survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have a phone call or online chat with your chosen designer. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.
4.3) Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Mable through our contact page.. You will be solely responsible for the losses incurred by Mable and others due to any unauthorized use of your account.
5) Content You Submit; License Grants from You.
5.1) Your Content. If you are a Subscriber, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Service ("Your Content") with Maudify. Your Content may be made public, so do not upload any confidential content. Maudify claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights. Separately, you may give Maudify or Maudify’s agent the right to take photos or record video of areas of your home after the design services are complete (“After Images”).
5.2) You, and not Maudify, are solely responsible and liable for Your Content. Because we do not control your Content or the content posted on or through the Service by other users (collectively with Your Content, “UGC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Service, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. You do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
You agree that you will not post any content that::
(a) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity;
(b) discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(c) is vulgar, obscene, pornographic, incendiary, or indecent;
(d) threatens or abuses others;
(e) is libelous or defamatory towards others;
(f) is racist, abusive, harassing, threatening or offensive;
(g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(h) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(k) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(l) solicits funds, advertisers or sponsors for any purpose;
(m) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(n) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
(o) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(p) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(q) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
5.3) We may disclose and/or remove UGC. Maudify has certain rights. We have the right (but do not assume the obligation) to:
a) monitor all UGC;
b) remove or block any UGC at any time without notice at our sole and absolute discretion;
c) disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Maudify or others, or to enforce these terms; and
d) terminate your access to and use of this Service, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
5.4) You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
5.5) License Grants to Maudify. By creating, posting, or sharing Your Content on or through the Service, or allowing Maudify to take, obtain, or record After Images, you grant Maudify a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate Maudify’s business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service, and (c) with regard to After Images only, for any lawful business purpose.
5.6) You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the TERMS, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.
6) Fees; Payments.
6.1) Fees. The estimated fee (the "Estimated Fee") for the Service(s) and Items purchased through the Service (e.g., all design package services and merchandise products) will be set forth during the ordering process for Service(s) that you go through on the Website. The Estimated Fee on Items purchased through the Services is based on the price known to Maudify at the time you checkout through the Services. Because Maudify works with a number of Vendors, we do not have control over the pricing of all Items offered through our Services (see Section 7.1). After you place your order, Maudify will notify you of any discrepancies in Item prices, in which case you will have the option of accepting the actual price or rejecting the Item for which the price changed. Maudify will process the order (a) for all Items for which the price did not change from the Estimated Fee, and (b) for all Items for which you have approved a price change from the Estimated Fee (where the final fee for the items in (a) and (b) is the “Fee”). The Fee is due and payable in advance of Client’s design, product recommendation process, or order placement of Items.
6.2) Payments. The Service currently uses third parties to process payments. Our third- party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars. When you use the Service to place an order for Items, you authorize the purchase and delivery of the Items (subject to any confirmation of Item prices, as stated in Section 6.1). You agree that Maudify will obtain a temporary pre-authorization of your credit card to cover the cost of the Items you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. You acknowledge that taxes and shipping costs are estimated at the time of checkout, and you agree to any final tax and/or shipping costs as calculated by Maudify, based on your shipping location and the Fee. Your credit card statement will reflect the final total amount charged to you upon order completion.
Deliveries to Alaska, Hawaii, U.S. Territories, and Military Addresses (APO/FPO): Items shipped to Alaska, Hawaii, and U.S. territories may be subject to additional shipping charges by the Vendor. Maudify will notify you of any discrepancies in shipment pricing once received from the Vendor. You will have the option of accepting the actual price or rejecting the Item for which the price changed. Some heavy or oversized items cannot be shipped outside the contiguous 48 states and may require an outside freight forwarding service, for which you are solely responsible.
6.3) Taxes. The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (“Taxes”) resulting from a transaction occurring through the Service. Maudify will collect and remit such Taxes from Clients where required by law, but a Client may be responsible for additional Taxes not collected by Mable. All taxes are calculated using the Fee.
6.4) Refunds. All sales are final and cannot be returned or refunded.
7) Additional Services From Maudify.
7.1) Third Party Purchases. (Maudify will not disclose Vendor information. A Client may wish to purchase certain items (“Items”) offered by third parties (each, a “Vendor”) through the Service. Maudify will collect the cost of these Items from you in advance of Maudify placing orders with the Vendor for the purchase of the Item(s). All Vendor terms and conditions apply to these purchases of Items, including return policies and shipping costs. Return shipping from outside of the continental United States may result in additional fees. Note that while Maudify uses reasonable efforts to display the current and accurate price for Items, the price for Items is dynamic, and the price displayed on the Service for any particular Item is subject to change.
7.2) Receiving. A receiver is a third party who accepts furniture and other designer products from the original Freight company. The receiver inspects the goods, stores them in a safe and secure warehouse and delivers them all to you once everything arrives from your purchase. Maudify will not be held responsible for damages caused by the receiver. In the case of White Glove delivery or drop shipped materials, broken or damaged products MUST be reported to Maudify Showroom within 24 hours of receiving the item. After the given grace period, Maudify will not be held responsible.
7.3) Installation. To facilitate Installation, Maudify may provide third party contractors personal information to identify location and costs, and facilitate Installation. Maudify will not be held responsible for damages that occur during the installation process caused by the third party installers. In the case of White Glove delivery or drop shipped materials, broken or damaged products MUST be reported to Maudify Showroom within 24 hours of receiving the item. After the given grace period, Maudify will not be held responsible.
8) Third Party Materials; Maudify Content.
8.1) You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), and data, information, applications, materials and other content from Maudify (collectively, "Maudify Content" and, together with Third Party Materials, but excluding Your Content, "Service Content"), that may be offensive, indecent, or objectionable Nevertheless, you agree to use the Service at your sole risk and that Maudify shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
8.2) In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries Maudify makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
9) Your Use of the Service and Service Content.
Your use of the Service is a privilege, not a right, and is expressly conditioned on the following:
9.1) You may access the Service solely as intended through the provided functionality of the Service and as permitted under the TERMS.
9.2) You shall not copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or Website, or content you encounter on through the Service without Maudify's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Maudify's express written consent:
a) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
b) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Maudify or obtained from the Service.
9.3) You shall not bypass, circumvent, damage or otherwise interfere with any security or other features of the Website designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You shall not copy or scrape any Service Content.
9.4) You shall not undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Website or Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the TERMS, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Maudify.
9.5) You shall not use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Maudify makes available the means for embedding any part of the Service or Service Content.
9.6) You shall not access, tamper with, or use non-public areas of the Service, Maudify's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Maudify's providers.
9.7) You shall not harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Maudify's employees, contractors, designers, and other users.
9.8) You shall not provide any false personal information to Maudify or any other user, or create a false identity or impersonate another person or entity in any way.
9.9) You shall not create a new account with Maudify, without Maudify's express written consent, if Maudify has previously disabled an account of yours.
9.10) You shall not solicit, or attempt to solicit, personal information from other users.
9.11) You shall not restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
9.12) You shall not use the Service, without Maudify's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the TERMS.
9.13) You shall not gain or attempt to gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
9.14) You shall not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
9.15) You shall not interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
9.16) You shall not violate any applicable federal, state or local laws or regulations or the TERMS.
9.17) You shall not assist or permit any persons in engaging in any of the activities described above.
10) Consent to Use of Data.
11.1) The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Maudify and its licensors. Except for the limited licenses expressly granted to you under the TERMS, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the TERMS, either expressly, or by implication, estoppel or otherwise.
12.1) We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
a) own, exclusively, all now known or later discovered rights to the Creative Ideas;
b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
13) Consequences of Violating These Terms.
13.1) We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Maudify may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the TERMS; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the TERMS.
14) Maudify's Liability.
14.1) Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
14.2) User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Clients and designers. You assume all risks associated with dealing with third parties and designers. You agree to resolve disputes directly with the other party. You release Maudify of all claims, demands, and damages in disputes among users of the Service. You shall not involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that Maudify does not currently conduct background checks, including criminal background checks, on its Users. Maudify makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE. ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
14.3) Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Service.
15.1) The TERMS is effective until terminated by you or Maudify. Your rights under the TERMS will terminate automatically without notice from Maudify if you fail to comply with any term(s) of the TERMS (including by violating any license restriction provided herein). You may terminate the TERMS by ceasing use of the Service. Upon any termination of the TERMS, you must immediately cease all use of the Service.
16.1) "Released Parties" include Maudify and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND ARISING FROM OR RELATED TO PRODUCTS PURCHASED OR RECOMMENDED THROUGH THE SERVICE (“PRODUCTS”) OR THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, OTHER GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
17) Limitation of Liability.
17.1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS OR OTHER GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; (vi) THE PURCHASE OR USE OF PRODUCTS, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH PRODUCTS, THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO MABLE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
18.1) You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of or reliance on any Mable Content or designs, or (iii) your breach of the TERMS. We will provide notice to you promptly of any such claim, suit, or proceeding.
19) Third Party Disputes.
19.1) Maudify IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
20) Copyright Policy.
20.1) The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send MABLE a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked The notice must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
b) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
c) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Maudify to locate the material on the Service;d) Your name, address, telephone number, and email address (if available);
e) A statement that you have 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
f) 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.
20.2) If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Maudify a counter-notice.
20.3) Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. If you believe your copyrighted content has been displayed inappropriately on the Service, consult your legal advisor and see 17 U.S.C. ¤512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
21) Choice of Law; Arbitration Agreement & Waiver of Certain Rights
21.1) You and Maudify agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Maudify hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Maudify or you and any of the Released Parties relating to the use of Maudify’s Services, or your relationship or interaction with any of the Released Parties (a "Claim") will be resolved exclusively by final and binding arbitration conducted in accordance with the Rules of the American Arbitration Association ("AAA Rules"). You must file any Claim within one (1) year after such Claim arises or it will be barred. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Rules; however, upon a showing of financial hardship, Maudify will consider payment of as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. You and Maudify shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This arbitration agreement does not preclude you or Maudify from seeking action by federal, state, or local government agencies. You and Maudify also have the right to bring qualifying claims in small claims court. In addition, you and Maudify retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with the TERMS, nor a waiver of the right to have disputes submitted to arbitration as provided in the TERMS.
Neither you nor Maudify may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Maudify's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Maudify each waive any right to a jury trial. No waiver of any provision of this Section of the TERMS will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the TERMS. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis, including public injunctive relief. This Section of the TERMS will survive the termination of your relationship with Maudify.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MABLE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
22.1) Survival. The provisions of the TERMS that are intended to survive the termination of the TERMS by their nature will survive the termination of the TERMS, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 8 (Third Party Software), 9 (Your Use of the Service and Service Content), 10 (Consent to Use of Data), 11 (Ownership), 12 (Feedback), 14 (Maudify's Liability), 15 (Termination), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnity), 19 (Third Party Disputes), 20 (Copyright Policy), 21 (Dispute Resolution), and 22 (Miscellaneous).
22.5) Contacting Maudify. You can contact Maudify by using our contact form on the website, or by U.S. Post at Maudify, 500 Madison, Nashville, TN 37208.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
Murphy Maude Interiors
[Re: Privacy Compliance Officer]
500 Madison Street #107, Nashville, TN 37208, United States
SUMMARIES OF EACH ADD ON SERVICE:
The purchase of the spatial plan add-on entitles you to one spatial plan and one round of changes to be submitted electronically. No additional changes are permitted thereafter. If you need to make additional modifications to your plan you may purchase another plan package to begin again. Maudify can not be held responsible for inaccurate measurements; clients are responsible to fully site verify on their own Maudify drawings are a guide and a tool only.
The purchase of the lighting plan add on entitles you to one lighting plan and one round of changes to be submitted electronically. No additional changes are permitted thereafter. If you need to make additional modifications to your plan you may purchase another plan package to begin again. Maudify can not be held responsible for inaccurate measurements client is responsible to fully site verify on their own Maudify drawings are a guide and a tool only.
The purchase of the paint plan add on entitles you to one paint plan and one round of changes to be submitted electronically. No additional changes are permitted thereafter. If you need to make additional modifications to your plan you may purchase another plan package to begin again. Client is responsible to fully site verify on their own finishes, paint brands and paint products to be utilized with their painting contractor. Maudify can not be held responsible for color matching issues or paint performance. In addition client will be responsible to determine amount of wallcoverings needed and to locate their own installation professional. Maudify can not be help responsible for mismeasurements or installations problems.
The purchase of the Art plan add on entitles you to one Art plan and one round of changes to be submitted electronically. No additional changes are permitted thereafter. If you need to make additional modifications to your plan you may purchase another plan package to begin again. Maudify can not be held responsible for inaccurate measurements client is responsible to fully site verify on their own Maudify drawings are a guide and a tool only.
The purchase of the 3D rendering add on entitles you to one Rendering and NO rounds of changes. You can add on changes for $150 per change order in the selection menu as needed. If Maudify can not be held responsible for inaccurate measurements - client is responsible to fully site verify on their own Maudify drawings are a guide and a tool only. Client must provide comprehensive design information including all material selections, all furniture, art, lighting and decor in order to utilize the 3D rendering service.
Drop Shipping Waiver
Release of Liability Form
In consideration of LMC Enterprises, LLC d.b.a Murphy Maude Interiors (Design Firm) and (Consumer), the agreement to the following statement permits the Consumer to select Drop Ship as the preferred delivery method. Consumers must understand choosing Drop Ship as the preferred delivery method enables products to be left at the front of the provided address if no one is present to receive the delivery.
Consumers will have 24 hours to inspect and report any damage to the items once products have arrived. If the consumer does not report missing or damaged items within the first 24 hours, the consumer will forfeit the opportunity to receive a replacement. Consumer understands the Maudify will not be held liable for damages reported beyond this period.
Maudify agrees to route delivery of lighting appliances, furniture, and/or decor items (“Products”) purchased by Consumer, to (delivery address), a facility/residence not owned or operated by MMI or Essential Design Solutions LLC, if the Consumer agrees to the following:
I hereby WAIVE, RELEASE, AND DISCHARGE from any and all liability Maudify and its employees, volunteers, representatives, and agents (the “Released Parties”) for any damage or losses that may occur to the Products
- during delivery, transportation, and/or storage
- from the Released Parties’ coordinating and/or managing the logistics of the delivery of Products to me and/or the job site.
MOREOVER, I assume the risk of loss that may occur from the delivery, transportation, and/or storage of the Products.
This Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS DOCUMENT IS A RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT AND I ACKNOWLEDGE AND AGREE TO ITS TERMS.