Dezigned Website Terms of Use                       

Last Modified: May 13, 2019

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Dezigned. LLC (“Dezigned”), and include any documents they expressly incorporate by reference, and govern your access to and use of [www.rugsdezigned.com] (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

The Website is a platform dedicated to servicing interior designers and decorators (“Designers”) needs for carpeting and carpet products (“Products”), and to connect Designers with interior design products and other contractors (“Professionals”) that provide carpet products & services for projects generated by Interior Design Trade Professionals (“Projects”).   

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.rugsdezigned.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Dezigned and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time and from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction provisions herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

To access the Website or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all such information you provide on the Website is correct, current and complete, and you represent that this is and will in the future be the case. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately upon your becoming aware of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right, at our sole discretion, to disable any user name, password or other identifier, whether chosen by you or provided by us, including if, in our sole opinion, you have violated any provision of these Terms of Use.

Professional Approval

In order for a Professional to be eligible to provide installation services with respect to Projects, they must first complete our approval and evaluation process, which seeks, among other things, to verify their proficiency, background, and resume. All Professionals are subject to approval by Dezigned, in its sole discretion, prior to being allowed to use the Website. Professionals authorize us to verify by any legal means their identity and any other information provided, including, without limitation, financial information. The availability of any Professional on the Website does not imply our endorsement of any Professional.    

Professional Profile

In order to use this Website and its features to promote their business, Professionals are required to create a profile (a “Professional Profile”). Your creation of a Professional Profile gives us the right to list your Professional Profile in our directory of Professionals, and you will be able to connect with others on the Website, including Designers, while identified by your Professional Profile. Professional Profiles created for business services not supported by Dezigned will be removed without notice.

By creating a Professional Profile, you acknowledge and agree to each of the following:

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dezigned, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge that you do not and will not hold and right, title, or interest in such intellectual property.

You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

You must not:

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@dezigned.com .

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dezigned. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other statutes and regulations.

Dezigned and all related names, logos, product and service names, designs and slogans are trademarks of Dezigned or its affiliates or licensors. You must not use such marks without the prior written permission of Dezigned. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You agree to only use the Website for lawful purposes and in accordance with these Terms of Use and applicable statutes and regulations. You agree not to use the Website:

Additionally, you agree not to:

User Contributions

The Website may contain interactive features, including, but not limited to, message boards, reviews, and forums (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Dezigned and our affiliates and service providers a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (including the right to sublicense) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dezigned, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any governmental or law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DEZIGNED AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS OF ANY TYPE OR KIND RESULTING FROM SUCH COOPERATION.

Please be advised that we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for, and you release us from any such liability arising from or relating to, any action or inaction regarding transmissions, communications or content provided by any user or third party. You acknowledge that we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Copyright or Trademark Infringement

You represent and warrant that you will respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit us to use it on the Website. If you infringe any intellectual property rights of others, your User Contributions may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the intellectual property rights of others.

If you believe in good faith that materials hosted by Dezigned infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dezigned to locate the material on the Website; (d) information reasonably sufficient to permit Dezigned to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is true and accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Please be advised that Dezigned will not respond or act upon any complaints that do not meet the above requirements. These requirements are guided by the Digital Millennium Copyright Act (the “DMCA”). If Dezigned determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Dezigned will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) a statement that you consent to the jurisdiction of Federal District Court located in Newark, New Jersey, or if your address is outside of the United States, for any judicial district in which Dezigned services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature.

Notices and counter-notices with respect to claims of infringement on the Website must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. You should consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

info@dezigned.com
DMCA Complaints 
Dezigned. LLC
241 Cedar Knolls Rd, Cedar Knolls, NJ 07927

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant or guarantee the accuracy, completeness or usefulness of this information for any purpose. Any reliance you place on such information is strictly at your own and sole risk. We disclaim all liability and responsibility arising from any reliance by you or any third party placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided solely by Dezigned, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Dezigned.

Changes to the Website

We may update the content on this Website from time to time at our sole discretion, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

You may be provided the opportunity on the Website to purchase products that are offered, sold or manufactured by third parties (collectively “Products”). Such Products may be available for purchase from third-party sellers (“Sellers”) through the Website.

The availability of any Products on the Website is not an explicit or implicit endorsement of the Products by Dezigned. We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. Depictions of Products are for reference only and may not always accurately depict every aspect of the Product.

Product listings may contain ratings and reviews obtained from third parties or users which are solely the opinions of the posters. None of the Product reviews contain or reflect any opinions or views of Dezigned.

The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right to limit the order quantity on any item and/or to refuse service to any customer for any reason. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on the Website are subject to change. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

You are responsible for (a) reading the entire Product listing before placing an order; (b) maintaining correct and up to date payment, contact, and shipping information; and (c) honoring any return, refund or shipping arrangement entered into with any Seller.

Prices for Products are set by the Seller. Dezigned acts as a payment’s processor on behalf of the Seller and does not act as your or the Sellers agent with respect to any payments for Products submitted via the Website. For Products purchased from Sellers, the risk of loss and title for purchased Products passes from the Seller to buyer upon delivery. Products sold by Sellers are eligible for returns and refunds if and as indicated by the terms on the Product listing.

For Products sold by Sellers, warranty information may be listed under the Seller and shipping information for that Product. You acknowledge that the obligation to satisfy any indicated warranty for a Product is between you and the Seller or the manufacturer or supplier, and not with Dezigned, and you waive all claims against Dezigned in this regard.

While we may help facilitate the resolution of disputes through our customer service team, Dezigned has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of Product listings, or that a Seller, manufacturer or supplier will satisfactorily honor the warranty it offers for a specific Product. Neither Dezigned nor any Seller will be responsible for any damage caused by installation or attempted installation of any Product by you or any third-party.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN AND SOLE RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DEZIGNED NOR ANY PERSON ASSOCIATED WITH DEZIGNED MAKES ANY WARRANTY, GUARANTEE, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DEZIGNED NOR ANYONE ASSOCIATED WITH DEZIGNED REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DEZIGNED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

All PRODUCTS sold by DEZIGNED have been manufactured by THIRD PARTIES. Consequently, DEZIGNED cannot make any warranties OR GUARANTEES with respect to any THIRD-PARTY products. The warranties available are those extended by the manufacturer, if any, to the extent they are in force and effect. DEZIGNED will, upon request, assign Any assignable rights it has under manufacturers’ warranties. THE MANUFACTURER’S WARRANTY, IF ANY, IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES. 

Limitation on Liability

IN NO EVENT WILL DEZIGNED, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, PRODUCTS, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Dezigned, its affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, fines, suits, actions, losses, costs, expenses or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts located in the State of New Jersey or the courts of the Superior Court of New Jersey located in Morris County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction, including, without limitation, inconvenient forum, over you by such courts and to venue in such courts. You further agree that you waive all rights to a trial-by-jury to the fullest extent allowable under applicable law.

Arbitration

At Dezigned’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then-existing commercial Rules of Arbitration of the American Arbitration Association applying New Jersey law. Venue of the arbitration will be in Morris County, New Jersey.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Dezigned of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dezigned to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy and OTHER RELEVANT DOCUMENTS OR POLICIES constitute the sole and entire agreement between you and Dezigned with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@dezigned.com .

[1] To be discussed.

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