Agreement Between User and Adriana Kyser Interior Design

Welcome to www.adrianakyser.com. The www.adrianakyser.com website (the “Site”) is comprised of various web pages operated by Adriana Kyser Interior Design (“Adriana Kyser Interior Design”). www.adrianakyser.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.adrianakyser.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.adrianakyser.com is an E-commerce site.Adriana Kyser Interior Design provides interior design services.

Privacy

Your use of www.adrianakyser.com is subject to Adriana Kyser Interior Design’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.adrianakyser.com or sending emails to Adriana Kyser Interior Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Adriana Kyser Interior Design is not responsible for third party access to your account that results from theft or misappropriation of your account. Adriana Kyser Interior Design and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.Adriana Kyser Interior Design does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.adrianakyser.com only with permission of a parent or guardian.

Online Interior Design

Online interior design is a virtual interior design service offered by Adriana Kyser Interior Design. The service is executed entirely online, with no in-person designer meetings. Clients submit detailed measurements of their room and inspiration images, and at the completion of the project, are emailed (where applicable): a room layout, key elevation, paint plan, visual board with inspiration images, visual board with furnishing and paint selections, room overview with suggestions, shopping list, and one revision or reselection. Clients do not receive any physical items and/or furniture, and must purchase all items themselves. Online CommerceCertain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Cancellation/Refund Policy

You may cancel your purchase of online design services for a refund (minus credit card processing fees) up to two calendar days after the date of purchase. Once Adriana Kyser Interior Design receives your room photos, room measurements, inspirational photos. etc your payment is NOT refundable. If you wish to cancel your purchase, you must notify us of your decision to cancel at [email protected]

Unless otherwise noted, items sold by Adriana Kyser Interior Design are subject to sales tax in select states in accordance with the applicable laws of that state.

Returns and Exchanges

Adriana Kyser Interior Design purchases are non-refundable.

To speak with Customer Support, please email us at [email protected]. We are available to assist you Monday-Friday, from 9 am – 5:00 pm CST.

Payment

Payment is processed at time of purchase via credit card. We encrypt all credit card information during transmission and storage, so that data is private and secure. The payment for your invoice is processed by Adriana Kyser Interior Design. For more information, please contact us at [email protected]. Unless otherwise noted, items sold by Adriana Kyser Interior Design are subject to sales tax in select states in accordance with the applicable laws of that state. Financial Data:  Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data.  Most financial data is transferred to our payment processors, STRIPE and PAYPAL, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, STRIPE’S Privacy Policy can be found here: https://stripe.com/ca/privacy. PAYPAL’S Privacy Policy can be found here: https://www.paypal.com/ca/webapps/mpp/ua/privacy-full 

Pricing Policy

All prices are in U.S. dollars and are subject to sales tax for residents of Texas, in accordance with state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and we must reserve the right to restrict orders of those items. Adriana Kyser Interior Design has made every effort to ensure accurate information is presented on our website; omissions and errors are subject to correction.

Links to Third-Party Sites/Third-Party Services

www.adrianakyser.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Adriana Kyser Interior Design and Adriana Kyser Interior Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Adriana Kyser Interior Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adriana Kyser Interior Design of the site or any association with its operators.Certain services made available via www.adrianakyser.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.adrianakyser.com domain, you hereby acknowledge and consent that Adriana Kyser Interior Design may share such information and data with any third party with whom Adriana Kyser Interior Design has a contractual relationship to provide the requested product, service or functionality on behalf of www.adrianakyser.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.adrianakyser.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Adriana Kyser Interior Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Adriana Kyser Interior Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Adriana Kyser Interior Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Adriana Kyser Interior Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Adriana Kyser Interior Design or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Adriana Kyser Interior Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Adriana Kyser Interior Design Content accessed through www.adrianakyser.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Applicable Law

By visiting My Websites, you agree that the laws of the State of TEXAS, Denton County, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Enlightened Enterprises LLC or its associates.

Indemnification

You agree to indemnify, defend and hold harmless Adriana Kyser Interior Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Adriana Kyser Interior Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Adriana Kyser Interior Design in asserting any available defenses.

Disputes 

Any dispute relating in any way to your visit to Enlightened Enterprises LLC’s Websites or to products you purchase through Adriana Kyser Interior Design shall be submitted to confidential arbitration in the State of TEXAS, Denton County, USA, except that, to the extent you have in any manner violated or threatened to violate Enlightened Enterprises LLC’s intellectual property rights, Enlightened Enterprises LLC may seek injunctive or other appropriate relief in any state or federal court in the state of State of TEXAS, Denton County, USA, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class-Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Adriana Kyser Interior Design and/or its suppliers may make improvements and/or changes in the site at any time.Adriana Kyser Interior Design and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Adriana Kyser Interior Design and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Adriana Kyser Interior Design and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Adriana Kyser Interior Design or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Risk of Loss 

All items purchased from My Websites are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Termination/Access Restriction

Adriana Kyser Interior Design reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Adriana Kyser Interior Design as a result of this agreement or use of the Site. Adriana Kyser Interior Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Adriana Kyser Interior Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Adriana Kyser Interior Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Adriana Kyser Interior Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Adriana Kyser Interior Design with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Adriana Kyser Interior Design reserves the right, in its sole discretion, to change the Terms under which www.adrianakyser.com is offered. The most current version of the Terms will supersede all previous versions. Adriana Kyser Interior Design encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Adriana Kyser Interior Design welcomes your questions or comments regarding the Terms & Conditions. Adriana Kyser Interior Design email address is [email protected].