Welcome to the Inviting Home
(InvitingHome.com) web site (the "Site"). InvitingHome.com and
the brands available on our site (the "Site Brands") provide the
services available on the Site to you subject to the following
terms and conditions (the "Terms and Conditions"). By accessing
and using the Site, you are acknowledging that you have read,
understood, and accept, without limitation or qualification, to
be bound by these Terms and Conditions.
1. Privacy
Please review our Privacy Policy, which also governs your visit
to the Site, so that you may understand our privacy practices.
2. Product Descriptions
InvitingHome.com and the Site Brands attempt to be as accurate
as possible when describing products; however, neither
InvitingHome.com nor the Site Brands warrant that product
descriptions or other content available on the Site is accurate,
complete, reliable, current, or error-free. If a product offered
on the Site is not as described, contact us - customerservice@invitinghome.com
3. Intellectual Property
All content and technology available on or underlying the Site,
such as text, graphics, logos, button icons, images, audio
clips, data compilations, and software (the "Content") is the
property of InvitingHome.com, the Site Brands, or their
respective content suppliers and technology and service
providers ("Providers"), and is protected by United States and
International copyright laws. The compilation of all content on
this Site is the exclusive property of InvitingHome.com and
protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site
(collectively the "Trademarks") are the registered and
unregistered marks of InvitingHome.com, the Site Brands, or
certain third parties in the United States and other countries.
All other trademarks not owned by InvitingHome.com or the Site
Brands 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 InvitingHome.com or the Site
Brands.
Except as set forth in the limited license in Section 4 below,
neither the Site, the Trademarks, nor any portion of the Site
may be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any purpose without the prior written
consent of InvitingHome.com.
4. Limited License
InvitingHome.com grants you a limited, revocable, and
non-exclusive license to access and make personal use of the
Site. Please note, however, that you may not frame or utilize
framing techniques to enclose the Site or any portion thereof
without InvitingHome.com prior written consent.
The limited license set forth in this Section 4 does not include
the right to: (i) modify or download the Site or its contents
(except caching); (ii) make any use of the Site or its Content
other than personal use; (iii) create any derivative work based
upon either the Site or its Content; or (iv) collect account
information for the benefit of another party. Any unauthorized
use by you of the Site terminates the limited license set forth
in this Section
5. Your Account
This Site is not intended for children under the age of 13.
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. If
you are accessing and using the Site on someone else's behalf,
you represent that you have the authority to bind that person as
a principal to all terms and conditions provided herein, and you
agree to accept liability for harm caused by that person's
wrongful use of the Site. InvitingHome.com and the Site Brands
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel your account or any orders placed
from your account for any reason, in their sole discretion.
6. Third Party Links
InvitingHome.com, the Site Brands and the Providers are not
responsible for the content of any off-Site pages or any other
sites linked to the Site. Links appearing on the Site are not an
endorsement by InvitingHome.com or the Site Brands of the
referenced content, product, service, or supplier. Your linking
to or from any other off-Site pages or other sites is at your
own risk. InvitingHome.com, the Site Brands and the Providers
are not in any way responsible for examining or evaluating, the
offerings of off-Site pages or any other sites linked to the
Site, do not warrant such offerings of such pages or sites, or
assume any responsibility or liability for the actions,
products, or content of such pages and sites, including, without
limitation, their privacy statements and conditions of use. You
should carefully review the conditions of use of all off-Site
pages and sites. InvitingHome.com , the Site Brands and the
Providers shall not be responsible or liable for any loss or
damages of any sort incurred as a result of dealings with or the
presence of off-Site links on this Site, nor be responsible or
liable for any computer viruses, system failure or malfunction
which may occur during hyperlink to third party sites.
7. Unsolicited Idea Submission
You acknowledge and agree that InvitingHome.com and the Site
Brands are free to use any unsolicited ideas, concepts or
know-how submitted by you for any purpose whatsoever including,
but not limited to developing, manufacturing, distributing and
marketing products using such information, without compensation
to you.
8.Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." NEITHER InvitingHome.com NOR THE
SITE BRANDS OR ANY OF THE PROVIDERS MAKE ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS
AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT NEITHER InvitingHome.com NOR THE SITE BRANDS OR
ANY OF THE PROVIDERS WILL BE LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR
(d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, NEITHER InvitingHome.com NOR THE SITE BRANDS OR ANY OF
THE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF InvitingHome.com, THE SITE BRANDS AND THE PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL InvitingHome.com AND THE SITE BRANDS' AND THE PROVIDERS'
MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS
($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
9. Indemnification of InvitingHome.com and InvitingHome.com
Brands
You agree to defend, indemnify and hold harmless
InvitingHome.com, the Site Brands and the Providers for any
loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand related
to your use of the Site.
10. Disputes
With respect to any dispute over the Site, your rights and
obligations and all actions contemplated by these Terms and
Conditions shall be governed by the laws of the United States of
America and the State of Massachusetts, as if the Terms and
Conditions were a contract wholly entered into and wholly
performed within the State of Massachusetts. Any dispute
relating in any way to your visit to InvitingHome.com or to
products you purchase through InvitingHome.com shall be
submitted to confidential arbitration in Massachusetts.
11. Copyright Protection
The Information contained on the Web site is protected by U.S.
and foreign copyright, trademark and other proprietary laws.
Under these laws, InvitingHome.com has the exclusive right to
publish, display, use, sell and create derivative works of the
Information. Absence of the “©”, “®”, “SM” or “TM” does not
negate this protection. InvitingHome.com retains all right,
title and interest to the Information contained on the Web site
whether or not you obtained the Information directly from the
Web site or another source. Any party using InvitingHome.com
Information in any manner not expressly authorized by
InvitingHome.com is infringing on InvitingHome.com proprietary
rights.
Use of the Information, derived directly or indirectly from the
Web site, in any text, document, press release, statement,
advertisement, or other publication is subject to the prior
written approval of InvitingHome.com.
All content and technology available on or underlying the Site,
such as text, graphics, logos, button icons, images, audio
clips, data compilations, and software (the "Content") is the
property of InvitingHome.com™, the Site Brands, or their
respective content suppliers and technology and service
providers. The compilation of all content on this Site is the
exclusive property of InvitingHome.com and protected by United
States and international copyright laws.
Neither the Site, the Trademarks, nor any portion of the Site
may be reproduced, duplicated, copied, sold, resold, or
otherwise exploited for any purpose without the prior written
consent of InvitingHome.com™.
12. General
You acknowledge and agree that these Terms and Conditions,
together with our Privacy Policy constitute the complete and
exclusive agreement between you and InvitingHome.com concerning
your use of the Site, and supersedes and governs all prior
proposals, agreements, or other communications.
InvitingHome.com reserves the right, in its sole discretion, to
change these Terms and Conditions at any time by posting the
changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site constitutes
your agreement to all such terms and conditions.
InvitingHome.com may, with or without notice, terminate your
rights granted by these Terms and Conditions. You shall comply
immediately with any such notice.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the you and InvitingHome.com or the
Site Brands. The failure of InvitingHome.com to require your
performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor
shall the waiver by InvitingHome.com of a breach of any
provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms
and Conditions shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole. InvitingHome.com
will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, the
original objectives and intent of InvitingHome.com as reflected
in the original provision.
If you have any questions regarding these Terms and Conditions,
please contact customerservice@invitinghome.com or call (781)
249-0957.
