Terms of Use & Sale
Effective date: May 15, 2018
1. GENERAL CONDITIONS AND DEFINITIONS
This Terms of Use and Sale agreement (“Agreement”) describes the terms of your use of the website www.kristinlamar.com (“Site”), participation in any subscription service offered through the Site, or purchase of merchandise from the Site. Kristin Lamar Designing You Inc. is an Illinois corporation (referred to hereafter as “we” or “us” or “Lamar”). By accessing or otherwise using this Site—whether as a visitor, subscriber, purchaser, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement, the Lamar Privacy Policy [make hyperlink], and the rules posted on the Site for any subscription service (“Rules”). If you do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone making a purchase from Lamar represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.
2. UPDATES TO AGREEMENT
Lamar may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
3. SITE ACCESSIBILITY AND SECURITY
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Lamar will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. This Site is hosted through Squarespace, Inc. (“Squarespace”). While we and Squarespace intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Lamar. Lamar will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from Lamar via the Site.
4. LINKS TO THIRD-PARTY WEBSITES
THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. LAMAR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT, QUALITY, OR RELIABILITY OF THIRD-PARTY WEBSITES. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY POLICY, OF ANY SITE TO WHICH YOU NAVIGATE FROM THIS SITE. See Lamar Privacy Policy [make hyperlink] for more information.
5. PRIVACY
Lamar is committed to protecting the privacy of User information. See Lamar Privacy Policy [make hyperlink] for more information on Lamar’s privacy practices.
6. PRICING AND AVAILABILITY
Various types of services, photographs, and other products may be available through the Site. All prices shown are in U.S. dollars. Taxes and shipping and handling charges are additional. All items are subject to availability, and we reserve the right to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. Due to the nature of the Internet, it is not possible for Lamar to restrict access to its Site to only those locations where it does business. Some or all the products and services offered on the Site may not be available to Users outside of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from Lamar in a location where such products may not be sold. If you have a question about whether a service or product is or may be available in your geographic location, we encourage you to contact us [hyperlink to Contact Us page].
7. ERRORS
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing an order, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
8. INFORMATION ENTRY, SHIPPING, AND HANDLING
It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the products you order or services to which you subscribe. You agree to pay any shipping and handling charges shown on the Site when you place your order. We reserve the right to change from time to time and without prior notice shipping and handling charges, so please check all charges before placing your order. All orders are shipment contracts, not destination contracts. Shipping times, if any, shown on the Site are estimates only.
9. PAYMENT
Payment must be made through PayPal, although you will not need to establish a PayPal account. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
10. SUBSCRIPTION SERVICES
Lamar may offer through the Site one or more subscription services, which are available by invitation approval only. If you subscribe to these services and become a Subscriber, you agree to review and abide by the rules for Subscribers, which may be more fully stated within the Subscriber-only section(s) of the Site. You agree to protect your Subscriber access information and password and not share it with others.
11. SEMI-PUBLIC AREAS AND POSTING; YOUR REPRESENTATIONS AND WARRANTIES
Lamar is a distributor, not a publisher, of content provided by Subscribers. If you are a Subscriber, the Site provides a semi-public area for you to post information for other Subscribers to read (“User Content”). In addition to the rules about posting contained in the Subscriber section(s) of the Site, you agree not to post on this Site any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post on this Site any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that you own or otherwise control all rights to the User Content and other information that you post on the Site, that it is true and accurate and does not violate this Agreement, and that you will indemnify Lamar for all claims resulting from User Content that you post or other information that you provide through the Site. You acknowledge that any User Content you post Site is public communication and may be read by others without your knowledge. By posting User Content, you grant Lamar a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute such User Content and to use your name in conjunction with the User Content alone or as part of other works in conjunction with the Services in any form, media, or technology now known or developed in the future. LAMAR DOES NOT CONTROL OR ENDORSE ANY USER CONTENT AND DISCLAIMS LIABILITY FOR ANY USER CONTENT POSTED BY YOU OR ANY SUBSCRIBER. Lamar reserves the right to disallow or remove any posting that, in Lamar’s sole discretion, does not meet the requirements of this paragraph.
12. RETURNS POLICY
Lamar maintains a “no returns” policy, so please verify your order before submitting it.
13. TRADEMARKS AND COPYRIGHTS
“Kristin Lamar Designing You” is a trademark of Lamar and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Lamar or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Lamar or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a personal purchase or for your participation in the services to which you have subscribed, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
Website Manager
Kristin Lamar Designing You Inc.
369 Addison Rd.
Riverside IL 60546
773.919.4530
14. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LAMAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER LAMAR NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LAMAR DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM LAMAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAMAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF LAMAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY, AND LAMAR’S
SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RETURN AND RECEIVE A REFUND FOR THE PRODUCT UNDER THE LAMAR RETURNS POLICY IN SECTION 12 ABOVE.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Lamar, its affiliates, and both the Lamar’s and its affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.
16. ELECTRONIC COMMUNICATION
You agree to receive communications from Lamar in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Lamar provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you make a purchase or become a Subscriber, you become a Lamar customer and may receive promotional emails from Lamar. Depending on the subscription service you sign up for, you may also receive text messages from Lamar. See Lamar Privacy Policy [make hyperlink] regarding what information we collect from you, how we use that information, and how you can opt out from receiving Lamar promotional emails or text messages.
17. PROGRAM TERMINATION
Lamar may terminate its subscription services, other service or product offerings, or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Lamar will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 11, 13, 14, 15, 18, and 19 will survive termination of this Agreement.
18. DISPUTE RESOLUTION
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois, without reference to its conflict of laws provisions, will govern this Agreement and any dispute of any sort that might arise between you and Lamar. In the event of any dispute, claim, or disagreement arising from or relating to this Agreement, the parties shall use their best efforts to settle the dispute, claim, or disagreement by consulting and negotiating with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 30 days, the parties agree that, upon notice by either party to the other, all disputes, claims, or differences shall be finally settled by arbitration administered by the American Arbitration Association in Cook County, Illinois in accordance with the provisions of its Commercial Arbitration Rules, using a single arbitrator. The parties agree that any dispute resolution
proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in
arbitration each party waives any right to a jury trial. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
19. STATUTE OF LIMITATIONS
User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
20. COMPLETENESS AND SEVERABILITY
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Lamar to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Lamar of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
21. CONTACTING US
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to [email protected].
