This Agreement is between you and Architectural Home Collection Inc. , AHC Online, AHC Galleries( " AHC" or " we") concerning your use of (including any access to) the websites currently located at https://store-77g3a8v4ve.mybigcommerce.com/ (and also accessible through https://www.ahc.com/) and any other websites that we own and control and which contain a link to this Agreement together with any materials and services available therein, and successor site(s), (the "Sites"), and the software applications currently entitled "AHC Gallery Books", any other mobile applications that we own and control and which contain a link to this Agreement . The Sites and Apps are referred to collectively in this Agreement as the " AHC Properties".
This Agreement hereby incorporates by this reference any additional terms and conditions posted by AHC Properties, made available to you by AHC. Use of the AHC Properties is governed by this Agreement regardless of how you access AHC Properties, through the Internet, Wireless Access Protocol, a mobile network or otherwise.
BY USING AHC PROPERTIES, YOU AFFIRM ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING AHC ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. We may change this Agreement by any reasonable means, including by posting a revised Agreement through the AHC Properties. Any such changes will become effective on the "Last Updated" date indicated above and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes. Any changes to this Agreement will constitute your acceptance of such changes. The " Last Updated" legend above indicates when this Agreement was last changed.
We may, at any time and without liability, modify or discontinue all or part of the AHC Properties, including access via any third-party links; charge, modify or waive any fees required to use the AHC Properties; or offer opportunities to some or all users.
4. Jurisdictional Issues. The AHC Properties are controlled or operated from the United States, and are not intended to subject AHC to any non-U.S. jurisdiction or law. The AHC Properties may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the AHC Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit AHC Properties' availability at any time, in whole or in part, to any person, geographic area or international jurisdiction that we choose.
5. AHC Products. AHC Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by AHC or by third parties. The availability through AHC Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice.
Weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your interpertation or computer system, and we cannot guarantee the accuracy of your interpertation or computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws regarding the possession, use and resale of any Product.
6. AHC transactions. We make available the ability to purchase or otherwise obtain Products through AHC Online or through AHC Galleries or other sales channels such as telephone orders, mail orders or AHC physical stores (a "Transaction"). If you wish to make a Transaction, you may be asked to supply relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information"). YOU SUPPLYING THIS INFORMATION, REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE THE CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through AHC Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
AHC reserves the right, including without prior notice, to the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will NOT be used in a lawful manner. You agree that if you resell any products or services obtained through a Transaction, we have provided our express prior written consent for you to do so we will not accept any responsibility unless to the original buyer with proof of purchase.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to facilitate future Transactions you may initiate through AHC Properties. You may withdraw your consent permitting AHC to store your Payment Information by adjusting your settings in "My Account." Any changes to the terms of this consent permitting AHC to store your Payment Information will be communicated to you as described in Section 1 of this Agreement.
Refunds & Exchanges. Refunds and exchanges will be subject to AHC applicable refund and exchange policies. The refund and exchange policy for Transactions made through architecturalhomecollection.com is available at https://www.arhitecturalhomecollection.com/customer-service/return-policy.jsp;
Shipping. AHC offers shipping services subject to AHC applicable shipping policies. The shipping policy for Transactions made through architecturalhomecollection.com is available at https://store-77g3a8v4ve.mybigcommerce.com/customer-service/shipping-and-delivery-info.jsp.
Wholesale/ Trade Customers/ Contract Customers (a "WTC Customer" ). If you are a WTC Customer, as determined by AHC, then, in addition to this Agreement, the WTC Terms & Conditions will apply to you and your Transactions as a WTC customer; such additional terms and conditions are generally made available in connection with the registration process for WTC customers. If you are a contract customer, as determined by AHC, then, in addition to this Agreement, the Contract Terms & Conditions will apply to you and your Transactions as a WTC customer; such additional terms and conditions are generally made available in connection with the registration process for WTC customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the Wholesale Terms & Conditions, those of the Trade Terms & Conditions and the Wholesale Terms & Conditions will govern.
7.AHC Gift Registries. We may make a gift registry service available to you through AHC Online. Any gift registry that you create a "Gift Registry" must be for an event involving you or someone who has authorized you to create a Gift Registry on his or her behalf. If a user makes a Transaction using a Gift Registry, we will attempt to update such Gift Registry promptly to reflect such purchases, although we cannot guarantee that we will always be able to do so. the time period of the Gift Registery is subject to change without notice in our discretion.
8. Registration; User Names and Passwords. You may need to register to use all or part of any AHCOnline. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only; you, and not AHC, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for any AHC Online.
9. Conduct. In connection with the AHC Online, you must not:
9.1 Post, transmit or otherwise make available through or in connection with AHC Online Properties any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- 9.2 Post, transmit or otherwise make available through or in connection with AHC Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use AHC Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of AHC Online Properties.
- Interfere with or disrupt the operation of AHC Online Properties or the servers or networks used to make AHC Online Properties available, including by hacking or defacing any portion of AHC Online Properties; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using AHC Online Properties.
- Remove any copyright, trademark or other proprietary rights notice from AHC Online.
11. AHC Proprietary Rights. We and our suppliers own the atributes of the online sites and apps, which are protected by proprietary rights and laws. Stop using our trade names, brands, logos, trademarks and service marks, among others and any associated logos. All trade names, trademarks, service marks and logos on the AHC Online site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the AHC site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
12. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
14. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) AHC ONLINE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY: AND (B) AHC DISCLAIMS ALL WARRANTIES WITH RESPECT TO AHC ONLINE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED OUT SIDE OF THE LABEL USE SHOULD NOT BE USED FOR COMMERCIAL PURPOSES (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH AHC ONLINE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH AHC AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: AHC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE RH ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
(A) AHC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE AHC ONLINE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS:
(B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH AHC ONLINE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING AHC ONLINE:
(C) THE MAXIMUM AGGREGATE LIABILITY OF AHC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF:
(1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AHC TO USE THE AHC ONLINE SITE;
(2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH AHC AND THE AFFILIATED ENTITIES.
Applicable law in states may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
16. Indemnity OF AHC. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless AHC and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of AHC Online; and (b) any violation or alleged violation of this Agreement by you.
17. Termination. This Agreement is effective until terminated. AHC may terminate or suspend your use of any or all of AHC Properties at any time and without prior notice, including if AHC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use AHC Properties will immediately cease, and AHC may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials.
18. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of North Carolina, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AHC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AHC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased.. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
19. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AHC. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation."
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and AHC relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AHC relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to AHC Online or by email (including in each case via links), or by regular mail. Without limitation, 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. AHC will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
20. California Transparency in Supply Chains Act (SB 657) Disclosure. AHCIs providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
- Vendor Code of Conduct. AHC requires that vendors certify that they will comply with our Vendor Code of Conduct, which prohibits our vendors from using child labor or involuntary labor. Our Vendor Code of Conduct also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.
- Monitoring of Compliance. We review the terms of our Vendor Code of Conduct with all of our suppliers, and conduct periodic reviews of their facilities in order to confirm that they are in compliance with all required policies.
- Training. We train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with the Vendor Code of Conduct, including its prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.
- Corrective Action. In the event that a vendor were to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.