Carol’s Roman Shades (carolsromanshades.com)
These Terms create a legally binding agreement between you and CRS and its affiliates (which we may refer to as “CRS,” “we,” “us,” or “our”) regarding your use of the Platform.
- Use of Personally Identifiable Information
- Links to Other Third-Party Sites
In order to access some features of the Platform, you may have to register and/or create an account. You may need to register with the Platforms and/or create an account to, for example, receive newsletter updates, special offers, or apply for a line of credit through the Platform. When you register to use such features of our Platform or create an associated account, you must provide complete, current, and accurate information about yourself.
CRS reserves the right to reject any registration and/or decline any application for a loan submitted through the Platform for any reason, for example, if any information you provide is untrue, inaccurate, not current, or incomplete, CRS reserves the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Platform and our Services.
- General Use of the Platform / Personal and Non-Commercial Use Only
- You agree to abide by all applicable laws and regulations in your use of the Platform.
- You agree not to alter or modify any part of the Platform.
- You agree not to use the Platform in any manner that could damage, disable, overburden or impair the Platform.
- You agree not to access the Content (as defined herein below) of the Platform through any technology or any unauthorized means other than user interaction expressly invited on the Platform itself.
- You agree not to register for more than one account or register for an account on behalf of an individual other than yourself or on behalf of any group or entity.
- You agree not to use the Platform, for any commercial use. Prohibited commercial uses do not include uses that CRS expressly authorizes in writing. Prohibited commercial use includes, but is not limited to, any of the following actions taken without CRS’s express approval:
- Sale of access to the Platform or its related services on another website
- Use of the Platform or its related services for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Platform or any third-party website, targeted to the Content of the Platform;
- Any use of the Platform or its related services that CRS finds, in its sole discretion, to use CRS’s resources with the effect of competing with or displacing the market for the Content of the Platform or any products or services featured on the Platform.
You further agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to the Platform servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, CRS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CRS reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to use this Platform or its Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Platform, Content or any of its servers, or interfere with any other party’s use of the Platform or Content. You agree that you shall not attempt to gain any unauthorized access to the Platform or Content, through CRS’s password mining, hacking or any other means, or harvest or otherwise collect information about others, including but not limited to, personally identifiable information such as account names and e-mail addresses, nor to use the communication systems provided by the Platform (e.g. comments, email) for any commercial solicitation purposes. You further agree that you will not attempt to obtain any Content not intentionally made available to you at this Platform. You shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of CRS or other users.
- Content, Copyright, Trademark, and Related Issues
The Content is available for your personal informational purposes only. The Content is owned by CRS, its affiliates, or other third parties who have licensed their rights in content to CRS. Content, other than your own user content (as defined herein below) may be reproduced, modified, use to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated to any third party without the express written consent of CRS.
The Content and the Platform generally, are subject to change or termination without notice. You must not delete or alter any copyright or other notice CRS places on any Content. Content is owned by CRS or our licensors or other users and is protected by copyright, trademark, and other laws and regulations of the United States and foreign jurisdictions. To the extent that CRS approves the download of use of Content comprised copyrightable works, CRS grants you a limited, personal, non-transferrable, non-sub-licensable, and revocable license to access, use, view, or download a single copy of, the Content solely for your personal, non-commercial use. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), CRS reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. CRS reserves the right to take down any Content in violation of these terms or CRS’s intellectual property rights. CRS allowing this limited use does not constitute a waiver of any of CRS’s rights to the Content.
|CAROL’S ROMAN SHADES, INC.
In addition, all Platform page headers, custom graphics, button icons, graphical user interfaces, and scripts are service marks, trademarks, and/or trade dress of CRS. You may not copy, imitate, or use these service marks, trademarks, and/or trade dress without the prior written consent of CRS.
Any unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties, or both, under applicable federal, state and local laws.
- User Submissions and User Information Sharing
By submitting or otherwise exchanging communications or content to the Platform, you understand that and expressly agree that all User Content, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Submission”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated and you:
- Explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content, including authorizations from any individuals who appear or are mentioned in your User Content.
- You are solely responsible for the User Content and information you make available through or in connection with our Platform. All the information and content posted on the Platform or privately transmitted through the Platform or via other means in connection with our Services is the sole responsibility of the person from which that content originated. CRS will not be responsible for any errors or omission in any information or User Content posted by a user.
- Agree that such User Content will not be considered or treated as confidential, other than as pursuant to the levels of access designated for the Platform, to which you post such User Content.
- Acknowledge and understand others may see, read, use or re-transmit such User Content, pursuant to the levels of access designated for the Platform to which you post such User Content.
- Understand that deleted User Content may persist in CRS’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
You further expressly agree that you shall not send, upload, transmit, any User Content, including without limitation, communication, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly or privately via the Platform that:
- Intentionally or unintentionally violates any applicable local, state, national, or international law.
- Is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, otherwise objectionable (in our sole discretion).
- Is not your own, or that you do not have a right to upload, post, e-mail, or otherwise transmit (such as insider information, proprietary and confidential information learned or disclosed as part of employment or confidential relationships).
- Infringes upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or intellectual property or other proprietary rights of any person or entity.
- Solicits, collects, or posts personal data or attempts to solicit, collect, or post personal data about other users of the Platform, including usernames or passwords, or accesses or attempts to access another user’s account without his or her consent.
- Attempts to solicit or otherwise attempts to gain any information from a minor under the age of 18.
- Impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliation with any person or entity.
- Includes forged headers or otherwise manipulates identifiers in order to disguise the origin of User Content or other materials transmitted to or through the Platform.
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- May expose CRS, other users, or minors any harm or liability of any type, in any way.
- “Stalks” or otherwise harasses another user or employee of the Platform.
- Restricts or inhibits any other person from using or enjoying the Platform.
- Copyright Infringement Notification
CRS respects the intellectual property rights of others. CRS does not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and CRS expressly disclaims any and all liability in connection with User Content and Submissions. CRS does not permit copyright infringing activities and infringement of intellectual property rights on its Platform and will remove all User Content and User Submissions if properly notified that such User Content or User Submission infringes on another’s intellectual property rights. CRS reserves the right to remove User Content and User Submissions without prior notice.
If you believe that content appearing on the CRS Platform has copied your work in a way that constitutes copyright infringement, please provide CRS’s copyright agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is CRS’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify.
If you are concerned about the removal of or blocked access to your content, please provide CRS’s copyright agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov.
- DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you believe that any material on the Platform infringes upon any copyright that you own or control, you may file a copyright infringement notification with us. To file a copyright claim, please send a written notification to us via email at firstname.lastname@example.org or via U.S. Postal mail:
CAROL’S ROMAN SHADES
130 Mason Circle, Unit K,
Concord, CA 94520.
In your notification please:
- Identify the copyrighted work or works you claim has been infringed.
- Identify the material on the Platform that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- Confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed.
- Provide your contact details, including an email address.
- DMCA COUNTER-NOTIFICATION
If you believe that your User Submission which was removed from our Platform in response to a Copyright Infringement Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Submission, you may send a counter-notice to CRS containing the following information:
- Identification of your User Submission which was removed.
- A statement that you have a good faith belief that the content was removed as a result of a mistake or misidentification of the content.
- Your name, address, telephone number and email address, Your physical or electronic signature.
- A statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- WARRANTY DISCLAIMER
The Platform, Content, and materials and the products on this Platform are provided as is and without any representation or warranty, whether express, implied or statutory. CRS is not making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CRS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
CRS hope you enjoy and get the full benefit of the Platform. However, we do not guarantee any results. Although CRS will use reasonable efforts to provide an accurate site/services, all aspects thereof are provided as is with all faults and as available. To the extent possible, CRS will employ reasonable efforts to correct any defects or other errors on the Platform. You agree that we may promptly correct any error that we discover. You agree to provide any additional consent necessary to correct any errors that occur.
However, CRS and its officers, directors, employees and third party suppliers (collectively, Carol’s Roman Shades, Inc.) disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, the site, services, any documentation provided or made available to you, and any other products and related materials and/or services provided to you by any of the solar mosaic parties, including, but not limited to, any warranties:
- as to title, merchantability, fitness for ordinary purposes, fitness for a particular purpose, non-infringement, system integration, and workmanlike effort;
- the quality, accuracy, timeliness or completeness of the site or services or any aspect thereof;
- those arising through course of dealing, course of performance or usage of trade;
- the site or services conforming to any function, demonstration or promise by any CRS parties; and
- that access to or use of the site and/or service will be uninterrupted, error-free, or that the Platform is free of viruses or anything else harmful. You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
- LIMITATION OF LIABILITY
You agree that all access and use of the Platform and its Content, as well as materials and the products on this Platform is at your own risk, and that he Platform, Content, are provided as is. CRS WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION, PRODUCT, AND/OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PLATFORM/SERVICES.
Neither CRS, nor any third party involved in creating, producing or delivering the Platform, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Platform, or any aspect thereof. In no event shall CRS, the Platform, our licensors, suppliers, and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost profits or lost data, or business interruption that result from the use of, or the inability to use the Platform or the performance of the product purchased through the platform, or the conduct other Platform users, or any other activity in connection with the use of the Platform, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. ALL OF THESE LIMITATIONS APPLY REGARDLESS EVEN IF CRS OR ITS REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume total responsibility for your use of the platform. You specifically acknowledge that the above Parties shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Your only remedy against CRS in connection with any damages arising from your use of the Platform or any Content is to stop using the platform.
If, for any reason, CRS shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $100.00, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Platform, Content, or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action has arisen.
The Platform is operated and offered in the United States of America. CRS makes no representations that the Platform, Content, User Content and/or User Submissions is/are appropriate, available for use, may be transmitted, used, or installed in other locations outside of the United States. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend, and hold harmless the CRS parties from and against any and all third-party actions, suits, claims and/or demands and any associated losses, expenses, obligations, damages, costs or debt, and other liabilities (including reasonable attorney’s fees), arising from, without limitation:
- You use, misuse, and access to the Platform or any claim that your User Content caused damage to a third party;
- Your violation of any third party right, including with out limitation any copyright, trademark, property, publicity or privacy right.
- Additional Terms
You agree that this Platform is a passive platform solely based in California, USA, which does not give rise to personal jurisdiction over CRS in jurisdictions other than California.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of CRS products) shall be resolved individually, without resort to any form of class action, and shall proceed in the Superior Court of the County of Contra Costa, State of California, or in the United States District Court, Northern District of California. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the Superior Court of the County of Contra Costa, State of California, or in the United States District Court, Northern District of California.
- Disputes and Arbitration
We encourage you to contact our Customer Service department if you have concerns or complaints about the Platform. Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally, disputes between you and CRS shall be resolved pursuant to this Section.
For all disputes and claims, whether pursued in court or arbitration, you must first give CRS an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the “Notice”) to CRS at the following address:
CAROL’S ROMAN SHADES, INC.
130 Mason Circle, Unit K
Concord, CA 94520
The Notice shall:
- describe the nature and basis of the dispute or claim; and
- set forth the specific relief sought (a “Demand”).
Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND CRS AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT (except small claims court). Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court’s authority.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules. In the event that you are able to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to costs of litigation, CRS will pay as much of your arbitration filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. CRS also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, CRS will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
YOU AND CRS AGREE THAT ANY CLAIMS BROUGHT BY YOU OR CRS WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and CRS agree to seek only such individual relief – whether in the form of individual damages, an individualized injunction, or other non-monetary individual relief – as is necessary to resolve any individual injury that either you or CRS has suffered or may suffer. The requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, with the following exception: in the event the Class Action Waiver is found to be unenforceable, or in the event the agreement to arbitrate is found to not apply to a dispute, that such action between you and CRS shall proceed in the Superior Court of the County of Contra Costa, State of California, or in the United States District Court, Northern District of California.
Contact details for this purpose are as follows:
CAROL’S ROMAN SHADES, INC.
130 Mason Circle, Unit K
Concord, CA 94520