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Terms of Use

Updated December, 2016


By using habitatery®’s site ("Site") you unconditionally accept these terms of use. We reserve the right, in our sole discretion, to update or revise these terms of use. Your continued use of the website following the posting of any changes to the terms of use constitutes acceptance of those changes. 

Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us, and in order to remain a member of our site, you agree to receive email from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of habitatery® or others. 

Membership Eligibility: You must be 18 years or older to use this site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration forms. You further represent that you are an active interior designer purchasing furnishings from habitatery® for resale to clients and that you will collect sales tax and remit funds to the State under applicable laws. 

You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your personal identification number (PIN). You must not permit a non-habitatery member to use or receive any benefit from your membership, your account or the habitatery® site. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. 

Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of habitatery® and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or additional features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. 

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site, including use of your membership rights. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. 

habitatery® relies upon a network of independent manufacturers and vendors who supply the goods sold on the Site and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right conveyed by habitatery® or any supplier with respect to any such image, logo or name. 

User Content: You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Site. "Content" means information, data, text, photos, graphics, videos, messages, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content. 

You grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicense able and transferable license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Site and under these Terms of Use. 

Purchasing: habitatery® works with outside providers for maintenance of the habitatery® website. habitatery® strives for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet and the furnishings industry, glitches or mistakes may cause inaccuracies to appear on the site. habitatery® has the right to void any purchases for an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, habitatery® will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price. The same applies if a clerical error creates an inaccurate price on any document. You also agree, if asked, to refund to habitatery the amount undercharged.

habitatery® displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Site. You also acknowledge and agree that in the furnishing industry orders are often delayed and you agree to hold harmless habitatery from any claims arising from such delays, regardless of the cause.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will habitatery® or its suppliers be held liable for any damages due to such interruptions or lack of availability. 

LINKS TO THIRD-PARTY WEBSITES: No Implied Endorsements: This Site contains links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites. 

Indemnification: By using this Site, you agree to indemnify, hold harmless and defend habitatery®, its respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. habitatery® reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use, your use of the site and membership in habitatery®

Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" 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, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HABITATERY® DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability: IN NO EVENT SHALL HABITATERY® OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE 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 OTHERWISE, EVEN IF HABITATERY® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF HABITATERY® OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO HABITATERY® (MINUS HABITATERY®’S COST OF GOODS SOLD) IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE PAID LESS THAN $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HABITATERY® OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF HABITATERY®. 

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law. 

International Use: We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. 

Risk of Loss: The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon delivery to the carrier. 

Unavailability of Site; Termination; Fraud: We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site. 

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination. 

Choice of Law and Forum: Terms of Use and any dispute of any sort that might arise between you and habitatery® or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site must be brought in either the state or federal courts for Washtenaw County, Michigan, provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder, including by reformation of contract, specific performance, injunction or similar equitable relief, in any other court chosen by habitatery®. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non convenience which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT IS PERMANENTLY BARRED. 

Miscellaneous: Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy and your signed Independent Designer Agreement, constitute the entire agreement between you and habitatery® with respect to the Site and your legal relationship with habitatery®. Those three documents supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and habitatery®. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties and the remaining portions shall remain in full force and effect. The failure of habitatery® to act with respect to a breach by you or others does not waive habitatery®'s right to act with respect to subsequent or similar breaches. habitatery®'s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, the Independent Designer Agreement and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

 

Privacy Policy

habitatery is committed to protecting the privacy of visitors to this site. This Privacy Policy applies to the Site. This Privacy Policy does not apply to other websites to which we link. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, you are not authorized to use this Site.

Information Collected: In order to access this Site, you must first complete the registration process. During the registration process, we collect personal information such as your name and email address. Once you complete and submit your registration, you have opted-in to receive email communication from habitatery.

How We Use Your Information: We will not share or disclose your information to anyone except as described in this Privacy Policy.

We use personally identifiable information only with regard to your purchasing furnishings from us for resale to your clients.

In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the Transferee would be bound by the terms of this privacy policy.

We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and for credit risk reduction.

We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

Privacy Policy Changes: If we decide to change our Privacy Policy for the Site, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Site indicates your assent to the Privacy Policy as posted.

 

Terms of use agreement

If you are a designer and have been accepted to our Basic or Luxe membership program, please ensure that you have read the entire Terms of Use and Privacy Policy statements found on this page. If you agree to these terms, please fill out the following form. Signing this form means you officially acknowledge and accept the above terms as a habitatery® member. If you have any questions that need to be answered first, please click here.

Name *
Name
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Today's Date *
Today's Date
Acceptance of the Terms of Use & Privacy Policy *
 

If you have any questions about our Terms of Use or Privacy Policy before signing the statement above, please contact us at:

habitatery®
1250 N. Main St
Suite 2
Ann Arbor, MI, 48104
Phone: 877.220.4418
Fax: 810.220.4477

communications@habitatery.com