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Purchasing Policies

  1. Refund Policy

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW, PURCHASES FOR READILY-AVAILABLE ART AND ACCESSORIES THROUGH THE SITE MAY BE RETURNED ONLY WITH A RETURN AUTHORIZATION NOTICE WITHIN SEVEN (7) DAYS OF PURCHASE FOR FULL CREDIT ONCE THE RETURN HAS BEEN RECEIVED BY THE COMPANY. AFTER SEVEN DAYS (7) RETURNS ARE NON-REFUNDABLE. PURCHASES FOR CUSTOM-MADE PRODUCTS SUCH AS, BUT NOT LIMITED TO, PILLOWS AND DRAPERIES, ARE NON-REFUNDABLE. FOR THIS REASON, IT IS RECOMMENDED TO OBTAIN SAMPLES OF THE FABRICS IN ADVANCE. PURCHASES FOR DESIGNER PAINT COLLECTIONS ARE NON-REFUNDABLE. DESIGNER CONSULTATION PACKAGES ARE NON-REFUNDABLE.

  1. Products purchased through In-Site Interior Design Inc:

If you receive a product that is materially damaged or defective, we will (1) cause our vendor to replace the damaged or defective product at no cost to you, or (2) if the item cannot be replaced because it is no longer being manufactured or otherwise, we will provide you with a Site credit or a full refund for the specific product at your election, understanding in either case that the third party vendor may require the defective or damaged product to be returned directly to them as part of their replacement program.

While we work hard with our vendors to make sure that items displayed on www.in-siteid.com are available, from time to time our vendors may discontinue a product line prior to notifying us. Based on this fact, we understand that you may be buying a collection of products, but we can’t guarantee that every item in the collection will be available. If you purchase a group of products through www.in-siteid.com, and the item is out of stock or discontinued, we will provide you with a Site credit or a full refund for the specific product at your election. We do not provide price protection or refunds in the event of a price drop or promotional offering.

  1. Designer Consultation Packages purchased through In-Site Interior Design, Inc.

You have the right to cancel your purchase of design services for a full refund of any unused portion of the Services (less any applicable bank or credit card charges or fees), except that such right shall expire upon the earlier of (i) the seventh (7) calendar day after the date of purchase, or (ii) the date on which the Company begins receiving your personal submissions (e.g. room photos, room measurements, inspirational photos). Subject to the foregoing, if you wish to cancel your purchase, you must notify us of your decision to cancel at support@in-siteid.com. We will promptly thereafter notify you of your cancellation number.

 

  1. General Introduction for Terms and Conditions

Welcome to In-Site Interior Design, Inc., Luxury Home Collection, (“Company,” “we,” “us,” or “our”) owns and operates http://www.in-siteid.com (the “Site”). By visiting the Site or using any of the products, software or services provided to you through the Site (collectively the “Product” and “Services”), you accept these Terms and Conditions (the “Terms”). Please read them carefully. In addition, when you use any current or future Company service or visit or purchase from any business affiliated with Company, whether or not included on the Site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

 

  1. Provision of the Site by the Company

Company may from time to time change or modify the Site. You agree that the form, nature and content of the Site may change from time to time without prior notice to you. Company may at any time or from time to time stop (permanently or temporarily) providing the Services (or any features within the Site) to you or to users generally in Company’s sole discretion, without prior notice to you. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. You acknowledge and agree that if Company disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content contained in your account. Company will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. You may stop using the Site at any time.

 

  1. Use of the Site

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company and its affiliates reserve the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify Company emailing us at support@in-siteid.com.

In order to access certain parts of the Site, you may be required to provide information about yourself (such as identification, contact details, billing information, etc.) as part of the registration process for the Site, or as part of your continued use of the Site. You agree that any such registration information you give to Company will always be accurate, correct and up to date.

You will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell items from the Site for any purpose, or create any derivative works based on the Site in any manner. You agree not to access (or attempt to access) (a) any account that you are not expressly authorized to access or (b) any of the Site through any automated means (including use of scripts or web crawlers); and you agree to comply with the instructions present on the Site. You agree not to: (a) misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (b) attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site; (c) attack our Sites or Site via a denial-of-service attack or a distributed denial-of service attack; or (d) exploit the Sites in any unauthorized way whatsoever (including, but not limited to, by trespass or burdening network capacity). The Site is not available for individuals under 18 years of age. The Site is available to you only in the United States, its territories, and possessions, unless approved by In-Site Interior Design, Inc.  Company may use technologies to verify your compliance.

 

  1. Third Party Providers

Company may from time to time include in Site certain third party content or links to third party websites (each, a “Third Party Provider”). Such content and websites contained therein are owned by the Third Party Providers (or by other persons or companies on their behalf). Company may at any time and from time to time change, add or remove Third Party Providers from the Site in its sole discretion and without prior notice to you. We have no control over the websites, products or services of Third Party Providers. We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers. Company is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and Company does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties).

Without limiting the foregoing, you agree that Company is not liable (and we assume no responsibility whatsoever) for any loss or damage which may be incurred by you as a result of:

-the content and/or websites of Third Party Providers;

-your use or purchase of any websites, products or services of Third Party Providers;

-the availability, quality or safety (including both design and manufacturing) of the products or services offered by Third Party Providers; and

-the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers.

-The items purchased from our Site are handled by third party carriers pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery, or delivery by our independent vendors, to the carrier.

 

  1. Sale of Product

Company relies upon a network of independent vendors who supply some of the goods displayed on the Site. Our independent Vendors are solely responsible for the products featured on the Site. Without limitation, Company is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of products featured on or advertised through the Site or by email. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Company or any supplier with respect to any such image, logo or name.

 

 

  1. Intellectual Property

All content included in the Site (including without limitation images, icons, text, graphics, logos, data compilations, software, etc.) (collectively referred to as “Content”) is the property of Company or its content suppliers and protected by United States and international copyright laws.

You agree that all graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company (or it licensors) in the U.S. As a user of the Site, you do not and will not have any right to use any such trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

You acknowledge and agree that Company (or Company’s licensors) own all legal right, title and interest in the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not modify, alter, remove or obscure any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Site in any way whatsoever except for use of the Site in compliance with these Terms.

 

  1. Limited License and Content Submissions

Company gives you a personal, royalty-free, revocable, non-assignable and non-exclusive license to access and make personal use of the Site. This license is for the sole purpose of enabling you to use the Site as contemplated in these Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use the Site. This license does not include any resale or commercial use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the foregoing, you may not reverse engineer, decompile or otherwise attempt to extract the source code of any the software utilized by Company in providing the Site.

We may choose from time to time, in our sole discretion, to allow you to post reviews, comments, photos, and other content so long as the content (1) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to In-Site Interior Design, Inc, The Site, or third parties and (2) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

If you do post content or submit material, including without limitation “before” and “after” photos, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if desired. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We have no responsibility and assumes no liability for any content posted by you or any third party.

 

  1. Disclaimer of Warranties

The Products and Services displayed on our Site are provided without any guarantees, conditions or warranties as to their accuracy. There is no assurance or guarantee of satisfaction with the products or services offered on the site. The Site and all of its information, content, materials, products and services included on or otherwise made available to you through the Site are provided by Company on an “as is” or “as available” or “custom-made” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Services or this Site (or those of Third Party Providers), information, content, materials, products or services included on or otherwise made available to you through this Site (r those of Third Party Providers), their various servers or e-mail sent from Company, are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Services or Site or from any information, content, materials, products or services included on or otherwise made available to you through this Site (including Third Party Providers), including but not limited to direct, indirect incidental, unitive, and consequential damages. Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Without limiting the foregoing, Company does not represent or warrant to you that:

  • Your use of the Site or any products purchased on the Site will meet your requirements, or will be uninterrupted, timely, secure or free from error or defect; or (b) any information obtained by you as a result of your use of the Site will be accurate or reliable.
  • Any material downloaded or otherwise obtained through the use of the Site (including on or through websites operated by any Third Party Providers) is done at your own discretion or risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you arising from use of the Site shall create any warranty.

 

  1. Limitation of Liability

Subject to Section H above, you expressly understand and agree that Company, its affiliates and licensors shall not be liable to you for:

-any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

-Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of

-any reliance placed by you on the completeness or accuracy of the Site and/or the completeness or accuracy of any information provided by any Third Party Providers or as a result of any relationship or transaction between you and any Third Party Providers,; any changes which Company may make to the Site, or for any permanent or temporary cessation in the provision of the Site or services (or any features within the Site; Your purchase of any goods or services from Company, independent vendors or Third Party Provides, or The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted y or through your use of the Site.

The limitation on Company’s liability to you in this Section shall apply whether or not company has been advised of or should have been aware of the possibility of any such losses arising.

You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected, accordingly, you agree to waive the benefit of any laws, including, to the extent applicable, California Civil Code Section 1542, that otherwise might limit your waiver of such claims. Such Code Section says:” A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected his settlement with the Debtor.”

 

  1. Release and Indemnity

If you have a dispute with any independent vendor or Third Party Provider, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code Section 1542, that otherwise might limit your waiver of such claims. Such Code Section says: ” A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected his settlement with the Debtor.”

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorney’s fees, made by any Third Party due to or arising out of your breach of the Terms or this Agreement, or your violation of any law, rule or regulation. Company retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without Company’s prior written approval.

 

 

  1. Revision of Terms

We may amend the Terms from time to time by posting amended Terms on the Site. Except as otherwise stated in any such posting, all amended terms shall be effective immediately. Additionally, we may notify you through email or otherwise of such amended terms.

 

  1. Disputes

Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration in Suffolk County, New York, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing 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, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

 

 

  1. General Terms

The Terms constitute the entire legal agreement between you and Company and govern your use of the Site, and completely replace any prior agreements between you and Company in relation to the Site. You agree that Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Company has the benefit of under any applicable law), this will not be taken to be a waiver of Company’s rights and that those rights or remedies will still be available to Company.

You acknowledge and agree that any other entities controlled by Company or under common control with Company shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, except as expressly provided in the Terms, no other person or company shall be third party beneficiaries to the Terms.

Any rule of law or any legal decision that would require interpretation of any ambiguities in these Terms against the party that drafted it is of no application and is hereby expressly waived. These Terms shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.

 

 

  1. Privacy Policy

This Privacy Policy (“Policy”) describes how information about you is collected, used and disclosed by and its affiliates (“we” or “us”). This Policy applies to information we collect when you use www.insiteid.com, including In-Site Design’s Luxury Home Collection service (the “Site”). We reserve the right to change or update this Policy from time to time. If we change or update this Policy, we will notify you by updating the date at the top of this Policy. Unless otherwise defined herein, all capitalized terms shall have the meaning given to them in the Terms and Conditions.

By accessing the Site and/or using the Services, you expressly consent to this Policy and our collection, storage, use and disclosure of your personal information as described herein.

Collection of Information

General. You can visit the Site without telling us who you are or revealing any personal information about yourself. However, to receive the Services provided through the Site, you may be required create an account and/or provide to us certain personal identification information (“Personal Information”) including first and last name, email, billing and shipping addresses, credit card information, and room measurements and photos.

Automatically Collected. We automatically collect certain information when you visit the Site, including your IP address, browser type, browser language, operating system, date and time of your request and one or more cookies that may uniquely identify your browser and/or your account. We will also collect information about your interaction with the Site, Services, content and advertising, including statistics on page views, traffic to and from the Site, products viewed and purchases made.

How we use your information

We use your information to provide you with the products and services you request, collect fees, troubleshoot problems, respond to your questions and comments, prevent potentially prohibited or illegal activities, enforce both our Terms and Conditions and Design Services Agreement, customize, measure and improve our services, content and advertising, contact you about our services and to provide targeted marketing, service updates, and promotional offers based on your communication preferences, compare information for accuracy, and verify information with third parties. You will always have the opportunity to “opt out” of email communication from In-Site Interior Design, Inc.

The Company may also display your submissions on the Site in a “before-and-after” format to advertise the Services.

Sharing your information

We may without your consent and without notice to you disclose your personal information to respond to legal requirements, enforce our policies, enforce the Terms and Conditions and the Design Services Agreement, and to protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your Personal Information with other entities outside of In-Site Interior Design, Inc. in the following limited circumstances:

-We have your consent. You must “opt-in” before we will share your Personal Information with third parties, except as otherwise indicated in this Policy.

-We provide such information to our subsidiaries, affiliates, trusted third party businesses or persons and independent vendors for the purpose of processing information and purchases on our behalf. We require that these parties agree to process such information in accordance with our instructions and in compliance with this Policy, and that they take all appropriate measures to keep such information secure and confidential.

-We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms and Conditions or Design Services Agreement (including investigation of potential violations thereof), (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of  In-Site Interior Design, Inc. and its affiliates, its users of the public as required or permitted by law.

If In-Site Interior Design, Inc. becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any Personal Information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Cookies

We use “cookies” (small files placed on your hard drive). When you visit the Site, we send one or more cookies to your computer or other device. We may use cookies for a variety of reasons, including to maintain or improve the quality of our service, to help analyze our web page flow, customize content and advertising, measure promotional effectiveness and promote trust and safety. You can decline our cookies if your browser so permits, but doing so may interfere with your use of the Site. (Also, remember that you may encounter cookies from third party websites for which links appear on our Site, and we do not control such websites.)

Account Protection

Your password is the key to your account. You should make it unique in nature and do not disclose it to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify RIAB and change your password.

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. We restrict access to personal information to In-Site Interior Design, Inc. employees, contractors and agents who need to know that information in order to process it on our behalf (and these individuals are generally bound by confidentiality obligations.) However, as you likely know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Policy, this Policy addresses only the use and disclosure of information we collect from you. If you disclose your information to others on our Site or on other websites, different rules may apply to their use or disclosure of the information you disclose to them. In-Site Interior Design, Inc. does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We do not exercise control over any other websites for which links may appear on the Site. Other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We encourage you to ask questions before you disclose your personal information to others.

Our Site may include third-party advertising and links to other websites. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on our Site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Policy. Please contact such third parties directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection.