TERMS AND CONDITIONS
THESE TERMS & CONDITIONS (“User Terms” or “Terms”) are a contract between you (“you” or “your”) and MAISON MACLEAN (“Maison MacLean” “us”, “we”, or “our”) and govern your access to the www.maisonmaclean.com website (“Website”), content, products and services made available through the Website (collectively, the “Application”). Please read these User Terms carefully before accessing and using the Application.
Acceptance of User Terms. By accessing and/or using the Application, you accept and agree to be bound by these User Terms, just as if you had agreed to these User Terms in writing. If you do not agree to these User Terms, please do not use the Application.
Amendment of User Terms. We may amend these User Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated User Terms. Your continued access to or use of the Application after such posting constitutes your consent to be bound by the User Terms, as amended. Please make sure to check them frequently.
Additional Terms. In addition to these User Terms, when using particular products, Services or features, you will also be subject to any additional posted guidelines, FAQs, or rules applicable to such product, Service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the User Terms.
Through our Website, we provide a survey and questionnaire which enables users seeking interior design services to complete a “Style Profile” questionnaire in order for us to create specialized interior design packages based on each User’s personal “style”. Maison MacLean caters to men who value the many benefits of living in a handsomely appointed home and want to accomplish it as effortlessly as possible. Our streamlined process brings truly personalized attention together with exceptional efficiency and impeccable attention to detail. After completing Maison MacLean’s online Style Profile, one of our designers will call you at a convenient time to discuss which of our packages best meets your needs.
The designer will then visit your home, customize the package to meet your exact requirements, and prepare two comprehensive interior design options for you to choose from. The options, which the designer will also present in person at your home or office, include images, material samples, and pricing (collectively, a “Project”). Once you have made your choice, we place all orders and accept delivery of all items in an offsite warehouse. When all items have been received, we schedule white glove delivery and oversee every aspect of the installation of the Project. Each User acknowledges and agrees that the interior design services which are necessary to purchase, deliver and install goods related to a Project are not incorporated in our Application are the subject of an Interior Design Agreement to be executed between Maison MacLean and each User. The foregoing notwithstanding, Users can track Project shipments online for real-time status of all orders (all of the foregoing are collectively referred to as our “Services”).
Access to our Services. In order to access the Application, we may ask you (as a “User”) for personal information when you register for within the Application in order to create an account (“User Account”). However, you as a User may browse the Website without registering a User Account. Creation of User Accounts are subject to certain specific terms and conditions as set forth below.
Opening your Account. We may ask our Users for personal information when you register for the Application. Designers, professing to have specialization or license in a particular area must register for a specialized provider account (“Designer Account”). We are relying on your account information to provide certain Services.
Account Information; Submission of Content. You, as a User, must ensure that your information is accurate and current at all times. You shall not include in your online identity or Account anything that could potentially infringe anyone’s rights, is intended to confuse, or which is offensive, defamatory or otherwise inappropriate, as determined by us, in our sole and absolute discretion. We further reserve the right to change information in a User’s profile if we deem it is offensive, in our sole and absolute discretion. Users agree that they are each responsible for everything which is done on or through our Application through or in connection with their Account, while logged on as a User to our Application, or through their e-mail address(es). Users must ensure that the e-mail address we have on file is kept current and that you have full access to it. By using the Application you expressly consent to electronic communications. Please note that all important and legal notifications from us will be sent by electronic communication. In order to create a User Account, you must certify that you are at least eighteen (18) years of age.
Eligibility Criteria. The availability of all or part of our Application may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to the Application or may terminate your subscription at any time based on these criteria. For example, you must be eighteen (18) years of age or older to use this Application, as further set forth below.
Subscribing Organizations. If you are using or opening an Account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement; and agree to be bound by this Agreement on behalf of such Subscribing Organization.
Account Information. You agree that the information you provide to Maclean at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely 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. You may close your Account at any time by following the instructions that will be updated from time to time on our website.
License Grant to You. The Service is licensed, not sold, to you for use only under these Terms of the Agreement. Subject to your complete and ongoing compliance with the conditions of the Terms, Maclean hereby grants you a personal, limited, revocable, non-transferable license to use the Application on compatible, authorized devices that you own or control, solely for your own use or for the use of the organization on whose behalf you are authorized to act.
License Limitations. You may not modify, alter, reproduce, or distribute the Application. You may not directly rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
As further set forth above, each User hereby acknowledges and agrees that the interior design, purchasing, shipping, installation and consulting services required to complete a Project, are not the subject of these User Terms. Prior to engaging Maison MacLean for any Project, Users shall be required to execute a separate Interior Design Service Agreement, which, once executed, shall be incorporated herein by reference.
By posting, contributing, distributing, communicating or transmitting any content on the Application or in your User Account (“User Content”), you expressly grant to us a non-exclusive, royalty-free, irrevocable license, including the right to grant sub-licenses, to use, reproduce, adapt and distribute the User Content worldwide through our Application and any other interactive Services through which we make our Application available. For the avoidance of doubt, the license granted under this paragraph will survive any termination of this Agreement or any cancellation, suspension or lapse of the relevant User Account. We may modify any material associated with an Account in order to conform it to our Application or these User Terms. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Application or Maison MacLean are owned by, or licensed to, us. You may use and access our Application only to the extent required for the use of the Services in accordance with this Agreement, and for the purpose that we make them available. You are expressly prohibited from copying, distributing, showing in public or creating any derivative work from our Application, or any of the material found thereon unless properly licensed to do so by us. You also agree not to use any robot, spider, scraper or other automated means to access our Application for any purpose without our prior, express written permission.
Content posted, contributed, distributed, communicated, transmitted or linked-to by a User or Adventurer on, through or in connection with our Application or our Services is treated as User Content, as defined herein. We may treat anything done through a User Account, or by means of an e-mail address, phone number or other communications method associated with that User Account, as having been done by the User. Each User shall ensure its User Content does not (i) include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that is likely to cause needless annoyance, inconvenience or distress to any person; or (ii) contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information; contravene any applicable law (including, without limitation, any criminal law) or regulation; infringe the rights of any person or entity; misrepresent the User’s identity in any way; impose an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of our Application.
Our services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws, including but not limited to the rights and to the Maison MacLean trademark and the copyright ownership in and to the images and content made available through our Application. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Application. You also agree not to change, translate, or otherwise create derivative works therefrom.
By using the Application, Maison MacLean grants you a license to reproduce content from the Services for personal use only. This license covers both our own protected content and user-generated content on the Application. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Maison MacLean or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
Maison MacLean complies with the Digital Millennium Copyright Act, and will remove User Posts upon receipt of a compliant takedown notice. Users understand that when using the Application, you may be exposed to User Posts from a variety of sources and that Maison MacLean does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MAISON MACLEAN WITH RESPECT THERETO.
If you provide Maison MacLean with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Application (“Feedback”), Maison MacLean shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Application. You hereby grant Maison MacLean a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
You understand and agree that, at any time and without prior notice Maison Maclean may (1) terminate, and/or suspend your access to the Application, (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the website or your Account and (3) remove and discard any and all of your registration data within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to provide Services or if Maclean believes that you have violated or acted inconsistently with these User Terms. Without notice, we may immediately deactivate your User Account and all related information and/or bar any further access to your Account information and your use of the Website. You agree that we will not be liable to you or any third party for any termination or modification to the Service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services made by us is to cancel or terminate your User Account. You agree that any termination of your right to use the Application may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related data and files related to your User Account and/or bar any further access to such files or the Application. Further, you agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Application. All provisions of these User Terms shall survive termination of your right to use the Application (including, without limitation, all limitations on liability, releases, indemnification of obligations, disclaimers of warranties, and intellectual property protections and licenses).
Maclean, does not permit copyright or trademark infringing activities and reserves the right to terminate access to the Application and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of the Application may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Maison Maclean, may have at law or in equity.
EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. SPECIFICALLY, BUT WITHOUT LIMITATION, MACLEAN DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING OUR CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL MACLEAN BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF MACLEAN HAS BEEN ADVISED OF THE POSSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify and hold us harmless together with our officers, directors, shareholders, employees, contractors, attorneys, agents and representatives from and against all claims, damages, losses and expenses of any kind including but not limited to attorney’s fees, arising out of or resulting from our or your performance or obligations under this Agreement caused in whole or in part by an negligent act or omission, including but not limited to any violation of the terms of this Agreement. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person, described herein. You further covenant to pay, in advance, for any and all expenses or disbursements of any nature (including all attorneys’ fees and costs) incurred by us or our representatives for any loss or damage suffered as a result of or in connection to, any claims, judgments, proceedings or claims established against us by any person in connection with anything done to fulfill the purposes and obligations under this Agreement or in the event any party brings an action against us based on our or your performance under this Agreement.
We reserve the right to change this Agreement from time to time, and post the new version on our Application. The new version of this Agreement will take effect on (a) the date falling five (5) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (b) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (i) changing the name of or the web address (www.maisonmaclean.com) that you use to access our Application, or (ii) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must send us a termination notice and immediately cease to use our Application. We shall not have any liability to you in such an event. In the event of a termination of this Agreement, your obligations to us hereunder shall survive.
This Agreement includes an agreement to arbitrate Claims and an agreement that all Claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read the following terms carefully. You may opt out of the arbitration agreement by following the opt-out procedure described below. You agree that in the event of any dispute between you and Maclean, you will first contact Us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation: arbitration or any court action. After the informal dispute resolution process any remaining dispute, controversy, or claim (each a “Claim”) relating in any way to your use of our Services, or relating in any way to our communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Maison Maclean. However, this arbitration agreement does not (a) govern any Claim by Maison Maclean for infringement of its intellectual property rights or access to the Services that are unauthorized or exceed authorization granted in these User Terms or (b) bars you from making use of applicable small claims court procedures in appropriate cases. If you do not want to arbitrate disputes with Maison Maclean and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access the Application or the date you receive any Services.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a Claim proceeds in court rather than in arbitration, You and Maclean each waive any right to a jury trial.
You acknowledge and agree that all Services provided through the Application are deemed as provided within the State of Florida. This Agreement is governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Miami Dade County, Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these User Terms or any of your rights or obligations under these Terms. However, Maison Maclean may assign these User Terms at any time without notice to you.
Maison Maclean will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control.
Please send any questions or comments, or report violations of these Terms, to email@example.com
Last Updated: May 16, 2016