Updated December, 2016
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.
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.
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.
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.
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.
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 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.