NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION PARAGRAPH THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
1. Personal and Non-commercial Limitation of Use of HOMEDECORSUPERSTORE.COM
Unless otherwise specified, HOMEDECORSUPERSTORE.COM herein referred to as “Site”, is for your personal and noncommercial use. You may not copy, create derivative works from, display, distribute, license, publish, reproduce, transfer, or sell any information obtained from this Site.
2. Eligibility of Use
The Site is available to individuals who are 18 years and older, and who are legal residents of the United States of America. If you do not qualify, you may not use the Site. Should you elect to register your personal information to the site, you agree to the aforementioned requirements, provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Registration is void where prohibited by law.
3. Acceptable Use Policy
Any form of harassment, in any manner, in connection with the Site, including e-mail, blogging, internet postings and chat, is strictly forbidden. Impersonation as a representative of HOMEDECORSUPERSTORE.COM or employee of Home Décor Superstore, LLC is prohibited. You may not upload to, or otherwise publish to the Site any comment, or content which is abusive, defamatory, illegal, libelous, obscene, threatening, or otherwise objectionable, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload content on the Site or use the Site to solicit others to join, become members, or register to any other online service or other any organization.
4. Other Websites Links
HOMEDECORSUPERSTORE.COM makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the websites accessible by hyperlinks from this Site, or any websites linking to this Site.
We respect copyrights. If you are the owner of copyright material, believe that the copyright material is displayed on this site, and that it infringes your copyright, please submit a notification to request removal of the allegedly infringing material.
6. Proprietary Rights
Except as noted herein, the content, materials and other components (including but not limited to logos, code, software, graphics, button icons and page headers) available on the Site, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and all rights thereto are specifically reserved. In the case of product material, all text and graphics are protected by copyrights, trademarks, service marks or other proprietary rights and laws by the original owner. You have permission to copy electronically and to print in hard copy portions of this Site for the sole purpose of personal shopping information. Any other use of materials on this Site including reproduction for purposes other than noted above, modification, distribution, or reproduction, is strictly prohibited.
7. Warranties and Disclaimers
HOMEDECORSUPERSTORE.COM includes product information and data contained in the Site, that is provided via other channels, including but not limited to phone and email, and intends the product information to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “AS IS.” You expressly agree that your use of this information contained in the Site is at your sole risk.
HOMEDECORSUPERSTORE.COM OR HOME DÉCOR SUPERSTORE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT SHALL HOMEDECORSUPERSTORE.COM OR HOME DÉCOR SUPERSTORE, LLC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Home Decor Superstore, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT APPLICABLE LAW IS INCONSISTENT WITH A PRECLUSION OF SUCH CLAIMS YOU AGREE THAT THE MAXIMUM VALUE OR ALL SUCH CLAIMS SHALL NOT EXCEED THE AMOUNTS YOU PAY TO HOME DECOR SUPERSTORE, LLC OR $50, WHICHEVER IS GREATER.
9. Limited Time to Bring Your Claim
You and Home Décor Superstore, LLC agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
10. Applicable Law
11. Binding Arbitration
11.1. Purpose. If you have a Dispute (as defined below) with Home Décor Superstore, LLC that cannot be resolved through an informal dispute resolution with Home Décor Superstore, LLC, you or Home Décor Superstore, LLC may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
11.2. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Home Decor Superstore, LLC regarding any aspect of your relationship with Home Decor Superstore, LLC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause provided in paragraph 16.6). “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “Home Decor Superstore, LLC” means Home Decor Superstore, LLC and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
11.3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY HOMEDECORSUPERSTORE.COM or HOME DÉCOR SUPERSTORE, LLC IN WRITING .
11.4. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Home Decor Superstore, LLC elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
11.5. Arbitration Procedures. Because the Site Service(s) provided to you concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitration process of all Disputes. However, applicable federal law or the law of the state where you receive the service from the Site may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision.
If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If the arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Home Decor Superstore, LLC. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. Participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
11.6. Location of Arbitration. The arbitration will take place in the County of Hanover, Commonwealth of Virginia.
Home Decor Superstore, LLC
Post Office Box
Ashland, Virginia 23005