From time to time Living Spaces may update this Platform and this Agreement. Your use of this Platform after Living Spaces posts changes to this Agreement constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. Living Spaces may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and Living Spaces will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN LIVING SPACES’ SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.
Use of the Platform
The following requirements apply to your use of the Platform:
- You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Living Spaces.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use the Platform for any commercial purpose not expressly approved by Living Spaces in writing.
- You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You will not upload, post, email, include in any messages or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Living Spaces’ system or any third party’s computer. You further agree that you will not share or post any content that undermines the operation of the Platform.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Communicating with Living Spaces
By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to Living Spaces in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Living Spaces may be used by Living Spaces anywhere, anytime, and for any reason whatsoever.
If you are a trademark or copyright owner and you believe that your rights have been violated, please go to our Propriety Rights Complaint page and follow the instructions there.
Mobile Service, Internet, and Service Fees
The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from Living Spaces, your mobile carrier or third party service providers. IF YOU DO NOT HAVE AN UNLIMITED WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL SUBSCRIPTION OR CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL THIRD PARTY FEES ASSOCIATED THEREWITH, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE PLATFORM.
The Platform may not work with all computers, browsers, devices or all mobile carriers. Living Spaces makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Accounts, Passwords, and Security
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Living Spaces with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, and all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Living Spaces immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Living Spaces is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Living Spaces shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You agree that Living Spaces and Living Spaces’ third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Living Spaces the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Living Spaces believes you may be interested, including working with third parties who provide targeted advertising content.
Transactions and Product Availability
Through the Platform, you may be able to order and/or pay for Living Spaces or third-party products or services (collectively “Products or Services”). Your purchase of these products is subject to these Terms, as well as the applicable Store Policies. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Living Spaces reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you or on your behalf, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. Availability of items and customization options vary by location
ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Living Spaces card numbers. You may also be asked to supply shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Living Spaces and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Representations, Disclaimer of Warranties, and Limitations of Liability
Living Spaces and its officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Living Spaces Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Living Spaces or the Living Spaces Affiliates.
Living Spaces and the Living Spaces Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Living Spaces or the Living Spaces Affiliates any information or posting information to the Platform. Living Spaces and the Living Spaces Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.
THE PLATFORMPLATFORM (INCLUDING ALL PLATFORMPLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. LIVING SPACES AND THE LIVING SPACES AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. LIVING SPACES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORMPLATFORM (INCLUDING ANY PLATFORMPLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORMPLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORMPLATFORM (INCLUDING ANY PLATFORMPLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Living Spaces or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT LIVING SPACES AND THE LIVING SPACES AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM, THE CONTENT, AND/OR ANY MESSAGES; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LIVING SPACES, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF LIVING SPACES OR THE LIVING SPACES AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS.
THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LIVING SPACES DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL LIVING SPACES OR THE LIVING SPACES AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Links to Third-Party Sites and Services
The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners and consumer financing. The Platform may allow you to add/configure certain Third-Party Services to your device. Living Spaces has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Living Spaces servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Living Spaces is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Living Spaces may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LIVING SPACES AND THE LIVING SPACES AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LIVING SPACES’ DEFENSE OF ANY CLAIM. LIVING SPACES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF LIVING SPACES.
This Agreement constitutes the entire agreement between you and Living Spaces governing your use of the Platform, superseding any prior agreements between you and Living Spaces relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Living Spaces to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Platform, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws principles, will apply to all matters relating to use of the Platform and the Services, and you agree that any litigation not subject to the binding arbitration provision provided herein shall be subject to the exclusive jurisdiction of the state or federal courts in California. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
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 the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact Living Spaces at (877) 266-7300 to change your communication preferences.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Living Spaces at (877) 266-7300 or at the following address: Living Spaces, 14501 Artesia Boulevard, La Mirada, California, 90638.
Users of the Apple Mobile App Platform
If you download and/or use the iPhone or iPadPlatform: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Living Spaces and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “Licensed Platform” as defined in the LAEULA and Living Spaces is considered the “Platform Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.
Mobile App Platform Updates
Living Spaces may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by Living Spaces.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of Living Spaces and its licensors of the Platform and Platform Updates. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.