Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.CUR8home.com website (the “Site”) through which CUR8 provides and makes available information and services (the “Service”) relating (but not limited) to the interior design industry, which includes interior designers, architects, facility managers, stocking retailers and other professional specifiers and purchasers. Access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service provides information, images, data, content, and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as “Service”. CUR8 also offers interior design products from third-party manufacturers, herein referred to as “products.” You have no rights in or to the products and you will not use or sell products, except as permitted under these Terms. You agree to comply with all notices and requirements accompanying third-party products.
To the Trade:
CUR8 services and products are limited to professionals in the design trade. The discounts available to CUR8 customers rely on designers’ good faith assertion that they are licensed design professionals.
Third Party Vendors:
All products are provided through third party vendors. CUR8 is not responsible for shipping times, delays, quality or other product-related issues. Warranty and Returns shall be dictated by the supplier. CUR8 does not warrant the accuracy, completeness, correctness or other characteristics of any products available on or through our Service. When you submit an order for products manufactured by a third party, we will make reasonable efforts to fulfill your order as stated. Upon receipt of your order, we will authorize payment for an amount based on your selections and shipping estimate. While we take pride in the accurateness of our product data, including availability, pricing, and lead time, third-party manufacturer data can be compromised or incorrect which may require us to revise your order accordingly. We will notify you of such revisions and will not process your payment until the order is confirmed by the third-party manufacturer. We are not liable for any pricing errors, lead time delays, discontinued product or customer service issues of the manufacturers listed on our website.
No Resale Permitted:
You are not authorized to resell any products purchased on or through our Service, except in conjunction with design services to your design clients. UR8 products may not be resold on any other website or through any other brick and mortar retail store or trade showroom.
Refusal of Sale:
CUR8 may refuse to sell its third-party products to any one and may at any time request your identity and/or a description of your business before finalizing a sale.
CUR8, CUR8 Studio, the CUR8 Logo and any other CUR8 product or service names, logos or slogans that may appear on the Sites or Services are trademarks of CUR8 Studio, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “CUR8” or any other name, trademark or product or service name of CUR8 without our prior written permission. In addition, the look and feel of the Sites and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of CUR8 and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by such manufacturer or supplier, or by CUR8.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Third Party Content:
We may display content, advertisements and promotions from third parties through the Site or in connection with Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that CUR8 is not responsible or liable in any manner for such interactions or Third Party Content.
Third Party Links:
CUR8 makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site or of websites linking to the Site. When you link to those websites, you leave the Site. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. Further, we have no control over the business practices or policies of operators of such sites including those of our third-party payment processor. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. CUR8 expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. The inclusion of any link on the Site does not imply that CUR8 endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that CUR8 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
Disclaimer of Warranty:
WE ATTEMPT TO DISPLAY THE SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE SERVICES AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE SERVICES AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF SERVICES. THE SITES MAY CONTAIN INFORMATION ABOUT SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL SERVICES AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CUR8 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND SERVICES, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR SERVICES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
Governing Law and Venue:
These Terms, your access to and use of the Sites and your Order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties, shall be resolved in the state or federal courts of the State of Delaware, provided that we may seek injunctive or other equitable relief to protect our Content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Modifications to the Services:
We may add, change or eliminate features, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
Modifications to the Terms:
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.