TERMS OF USE Welcome to DECORativ.com (the “Site”)! By visiting, browsing or shopping at this Site, you accept these Terms of Use. We reserve the right to change these Terms of Use as needed and without notice. Immediately upon posting to this Site, such changes will become effective and binding and you will be deemed to have accepted such changes by your continued use of this Site. These Terms and Conditions are a binding agreement between you and DECORativ. If you do not agree to these Terms and Conditions, you cannot use the services of this Site.
Use of Site: You may use the site only in accordance with and subject to these Terms of Use. Use of this site assumes binding agreement that you are at least 18 years of age and that you will not use this Site, nor allow anyone to use this Site, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner that could damage, disable, overburden or otherwise impair the ability of DECORativ to make this Site available to other users or to interfere with the use and enjoyment of this Site by other users, (c) to introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes, (d) to abuse the "Invite a Friend" benefit including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of DECORativ, any other users or any third party, (g) to engage in any conduct that could expose DECORativ or any others to civil or criminal liability or infringes on the rights of DECORativ or others.
Customer Accounts/Membership: You agree not to (i) register for, activate or use more than one Account; (ii) use a false or misleading address or e-mail address to activate or use an Account; (iii) present or supply false or misleading information to any entity involved with DECORativ; (iv) register for an account on behalf of an individual other than yourself, or (v) register for an account on behalf of any group or entity without such group or entity’s written authorization. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
DECORativ may, in its sole discretion, terminate or suspend any membership and/or access to all or part of the DECORativ Site for breach of these Terms and Conditions, or for taking actions that are inconsistent with their intent. DECORativ shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent. Any decision DECORativ makes relating to termination or suspension of any Member's account shall be final and binding.
DECORativ Rewards: You may receive DECORativ Rewards for various reasons from time to time. DECORativ Rewards have no cash value and may only be used to purchase products and services from this Site. The expiration date for DECORativ Rewards may vary from one promotion to another. Unless otherwise stated in the terms and conditions of the applicable promotion, DECORativ Rewards will expire ninety (90) days from date of issuance.
DECORativ reserves the right to limit, change or terminate its rewards program at any time. Your DECORativ Rewards are applied to your purchases in the order in which they expire. Referral bonuses only apply to new members who have not previously opened an account with this Site. In the event that you receive DECORativ Rewards by virtue of you or any other member opening multiple accounts or using multiple email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, you may forfeit all DECORativ Rewards in your account and you may be liable for civil and/or criminal penalties under applicable law
Our Electronic Communications to You: By opening a membership with this site, you agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all communications that we send you electronically satisfy any legal requirement that such communications be in writing.
Feedback: You hereby grant DECORativ an irrevocable, worldwide, royalty-free, transferable license and right to use all reviews, comments, feedback, ideas, and other submissions disclosed, submitted or offered to DECORativ in connection with your use of this Site (Feedback). You acknowledge and agree that you grant DECORativ the license and right to use any and all Feedback in any manner whatsoever, in its sole and absolute discretion without limitation and without compensating you in any way. You grant DECORativ the right to use the user/account name that you submit in connection with any Feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify DECORativ for all claims resulting from any Feedback you submit. DECORativ takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.
Copyright and Trademark Notice: This Site and its contents are intended for your personal use. Unless otherwise noted, all content on this Site, including text, graphics, images, logos and software, is the property of DECORativ or its third party content providers, and is protected under United States and international copyright laws. You may display, copy, download and print hard copy portions of content appearing on this Site solely for your own noncommercial use, or to place orders to purchase products or services from this Site. Except for such expressly permitted uses of content appearing on this Site, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Site, in whole or in part. Any unauthorized use of any content appearing on this Site may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on this Site. You may not use any meta tags or any other hidden text utilizing any trademarks used or owned by DECORativ, without our express written consent.
Product Descriptions: DECORativ and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. In the event a product on this Site is listed with an incorrect price or description, we reserve the right to cancel any orders placed for the incorrectly priced or described product. We reserve the right to refuse or cancel any such orders regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Links to Third Party Sites: This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy: Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Shipping Policy: We will ship your product when it becomes available. There may be times when the product you have ordered is out-of-stock which will delay the fulfillment of your order. In the event a product is out-of-stock, we will inform you of the estimated shipping date. We will attempt to ship all products contained in an order at the same time. You are charged only for products contained in a given shipment, plus any applicable taxes and shipping charges. Your total charge for shipping is limited to the amount shown on your purchase receipt. The entirety of that shipping charge may be applied to the first shipment of a multiple shipment order.
Cancellation Policy: If requested, we will attempt to process any and all order cancellations provided that the order has not yet entered the shipping process. If the item you want to cancel has already entered the shipping process, the order for that item cannot be cancelled.
Sales Tax: Sales tax will be charged to all orders that are processed with a Michigan shipping address, regardless of the location from which the product ships. Remote sellers such as Internet retailers are required to collect taxes in states where the company has a physical presence. DECORativ has facilities in Michigan; therefore, taxes are applied to orders that are shipped to Michigan. Many factors can change between the time you place an order and the time of the credit card charge, which could affect the calculation of sales taxes. The amount appearing on your order as estimated tax may differ from the sales taxes ultimately charged. Although DECORativ charges sales tax on sales orders shipped only to Michigan, your state of residence may require you to pay sales or file a sales or use tax for certain purchases made from DECORativ. You should consult your city, county and state tax regulations to determine your applicable sales or use tax.
Disclaimer and Liability: All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DECORativ makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. DECORativmakes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses.
DECORativ specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, DECORativ shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
UNDER NO CIRCUMSTANCE SHALL CCF BE LIABLE FOR ANY USE OF THE WEBSITE OR ITS CONTENT BY ANY ENTITY.
Indemnification: You agree to fully defend, indemnify and hold harmless immediately and on demand DECORativ and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorneys fees) arising out of or relating to your use of this Site, your breach of these Terms of Use, your engaging in any Prohibited Conduct or the use of any Feedback provided by you. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site and the it's services.
Copyright Infringement Claims: If you are a copyright owner or an agent thereof and believe that any content, information or communication on this Site infringes upon your rights under applicable copyright law, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of CCF and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of infringement should be directed to:
DECORativ Copyright Agent
343 E. Maple Rd., Suite 100
Troy, MI 48083
If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorney’s fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. DECORativ will terminate your account in the event that DECORativ determines in its sole and absolute discretion that you have used this Site in a manner that qualifies you as a “repeat infringer” under the DMCA.
Severability: If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts of Michigan in connection with any action arising out of or related to the Site. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum in any such action for any reason. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within six (6) months of said action or be forever barred.
Entire Agreement: These Terms of Use constitute the entire agreement and supersedes any and all other understandings and agreements between you and DECORativ. Although these Terms may be updated or modified by DECORativ as set forth therein, DECORativ will not be bound by any other amendments or modifications to these Terms, or any terms and/or conditions you include with any purchase order. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage. The effective date of these Terms of Use is September 6, 2011. Copyright © 2011 DECORativ. ALL RIGHTS RESERVED.
