TERMS & CONDITIONS
Welcome to interiology.com (“Web Site”)!
Please take a few minutes to review these Terms and Conditions (“Terms”). These Terms apply to your access and use of the interiology.com website, all other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in The Experience Studio or elsewhere (collectively, the “Site”). Your use of the Site constitutes your agreement to follow these terms and to be bound by them. If you do not accept these terms, then please do not use the Site.
Who We Are
These Terms and Conditions May Change
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.
Shipping, Processing and In-Store Pick-Up
Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees. We offer in-store pick up options at The Experience Studio, including contactless curbside pickup.
The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the “Materials”), is the property of Interiology Design Co., LLC or that of Our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Interiology Design Co., LLC. We are the owner and/or authorized user of the Interiology Design brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any metatags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.
Use of the Site
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- use any means to scrape or crawl any pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
- advocate, encourage or assist any third party in doing any of the foregoing.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that a work on the Site constitutes copyright infringement, please provide a written communication with the following information to Our Designated Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Site including a hyperlink to such location;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our Designated Agent for notice of claims of copyright infringement can be reached at:
Interiology Design Co., LLC
430 Main Street
Watertown, MA 02472
For clarity, only copyright infringement notices should go to our Designated Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.
Hyperlinks to Other Sites
To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which Interiology Design Co., LLC does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Site and all content available on the Site are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, you acknowledge and agree, by your use of this Site that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Interiology Design Co., LLC and its officers, employees, directors, shareholders, affiliates, agents, and licensors (“affiliates”) shall not be liable for any damages of any kind related to your use of this Site or our mobile applications.
In particular and to the fullest extent permitted by applicable law, Interiology Design Co., LLC and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Site, or the content of the Site or online services linked to or integrated with the Site. To the fullest extent permitted by applicable law, Interiology Design Co., LLC and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Site; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the Site; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the Site by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the Site. To the fullest extent permitted by applicable law, in no event will Interiology Design Co., LLC or its affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the Site or mobile applications, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Product Pricing Information
The prices displayed on our Site may differ from prices that are available in our store. Site prices will be displayed in U.S. Dollars.
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer.” This can include a gift with purchase, free shipping or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Interiology Design Co., LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Interiology Design Co., LLC and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Arbitration Agreement & Waiver of Certain Rights
You and Interiology Design Co., LLC agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of Interiology Design Co., LLC) through binding and final arbitration instead of through court proceedings. You and Interiology Design Co., LLC hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Interiology Design Co., LLC or you and a third-party agent of Interiology Design Co., LLC (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Interiology Design Co., LLC will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Interiology Design Co., LLC from seeking action by federal, state, or local government agencies. You and Interiology Design Co., LLC also have the right to bring qualifying claims in small claims court. In addition, you and Interiology Design Co., LLC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Interiology Design Co., LLC Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Interiology Design Co., LLC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Interiology Design Co., LLC each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with Interiology Design Co., LLC.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. Other rights that you or Interiology Design Co., LLC would have in court also may not be available in arbitration.
Any action relating to the use of the Site, mobile applications, catalogs or any transaction with Interiology Design Co., LLC must be brought in the state or federal courts located in Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call us at 617-741-3131 or email our team at email@example.com, and we will be happy to assist you.
Effective Date: 5/12/2020
Interiology Design Co. supports and adheres to the guidelines and practices adopted by the Direct Marketing Association's Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers’ requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mail, telephone, or other solicitations from Interiology Design Co., LLC.
Collecting Information About You
Categories and Types of Personal Information We Collect
We collect the following categories and types of personal information:
- Contact Information: your first and last name, postal address, email address, and phone number;
- Other identifying information: IP address, passwords and other security information for authentication and access, social media user names, and cookie identifiers;
- Financial Information: credit card, debit card and bank account information you've used in a transaction with us;
- Demographic information: gender, age, categorical purchase behavior outside of Interiology Design Co., LLC;
- Geolocation data;
Internet or other electronic activity: your browsing and click history, including information about how you navigate within our services and which elements of our services you use the most;
- Commercial information: products purchased or viewed on our website;
- Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.
Categories of Use
We may use your personal information for the following purposes:
- Transactional Purposes: We use your contact information, financial information, and commercial information to:
- Receive, process, confirm, send and track your order, subscription or registration;
- Communicate with you about your order, subscription or registration;
- Process any subscription or registration you make to one of our services; and
- Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.
- Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:
- Inform you of our new products, services and offers;
- Provide you with and measure and optimize targeted advertising;
- Run contests, promotions and sweepstakes,
- Provide you with other information from and about Interiology Design Co. including personalized marketing communications.
- Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:
- Provide and maintain functionality on our website;
- Handle your customer services requests; and
- Help us diagnose technical and service problems and administer our store, websites and apps.
- Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, internet activity and browsing history, and inferences to protect this website, our company, and others and to prevent fraud, theft and misconduct.
Sources of Personal Information
We collect information from the following sources:
- We collect information directly from you.
- We collect contact and demographic information directly from you. We also collect payment information from you.
- We collect information about you from third parties.
- We collect your personal information from third parties, such as social media sites and data co-ops.
- We collect information from you passively.
- We collect Internet or other electronic activity passively using tools like browser cookies. This activity is further described in the Advertising and Online Tracking section below.
We may combine information you give us online or in our store. We may also combine that information with publicly available information and information we receive from or cross-reference with third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you directly about our products and events that may be of interest to you, and for other promotional and commercial purposes.
When We Share Information with Third Parties
Our Service Providers
We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Our Select Partners
From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
Law Enforcement and Courts
In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Interiology Design Co., LLC or to others. We may also disclose your contact information when we believe the law or legal process requires it.
If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies.
We use Google Analytics on our web sites to collect usage data, to analyze how users use the web sites and to provide advertisements to you on other websites. For more information about how to opt-out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
Advertising and Online Tracking
Opting Out Of Marketing And Transfers; Updating Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Select Partners, or if you would like to opt-out of our rental or exchange of your information with other marketers, please let us know. You can call us at 617-741-3131 or send us an email at firstname.lastname@example.org. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:
- I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
- I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
- I prefer not to have my contact information provided to third parties for their marketing purposes.
You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.
Please note that any requests to remove or update your contact information may take up to 5 days for your email request and 3-4 weeks for your postal mail request to be processed.
We may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us. We contact you only in ways compatible with your communications choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
California Online Privacy Protection Act
If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act ("CCPA Rights"). This section describes those rights and how you can exercise them with Interiology Design Co. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CCPA, we agree to the following:
- users can visit our site anonymously
Users are able to change their personal information:
- by emailing us
- by calling us
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. We also encourage you to use a unique or different password for our websites. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place,
We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you are aware that any of your children has provided us with personal information without your consent, please contact us and we will take steps to remove that information from our servers.
Links to Third Party Web Sites
Effective Date: 5/12/2020