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mywalldesign,
owns and operates this website, located at www.mywalldesign.com,
as a proprietary site for the furtherance of the business of the
Company (this “Site”). At any time and at all times,
any and all contents, services or products on this Site are exclusively
the property of the Company, except as may be noted otherwise herein.
Products contained on this Site are protected by patents pending
and the Company hereby claims all protections throughout the world
provided by the patent laws of the United States in connection with
[all of] its products.
Your use of this site, including without limitation, accessing,
viewing, browsing, ordering or purchasing through it, shall be deemed
by us to constitute your certification to us that you agree with
us to be bound by these terms and conditions (“Terms”);
each order that you place through this Site shall also be deemed
by us to be your continuing representation and certification from
you to us that you agree to be bound to a legally enforceable contract
with us pursuant to these Terms, which you shall also be deemed
to understand, acknowledge and agree with, as such terms are in
effect at such time. The Company may change or amend these Terms
from time to time as published on this Site. It is your responsibility
to read and understand the Terms. If you do not agree to accept
these Terms, or if you do not agree with us that you shall be bound
to these Terms, please do not use this Site.
Security
We use the latest security technology to encrypt all personal information
which you submit through our Site, including credit card numbers,
addresses and other information. We encrypt this information using
Secure Sockets Layer (SSL) technology which allows it to be transmitted
securely over the Internet without anyone else having access to
it. While on a secure page, such as our order form, the lock icon
on the bottom of Web browsers such as Netscape Navigator and Microsoft
Internet Explorer becomes locked (as opposed to un-locked, or open,
when you are just ‘surfing’). While we use encryption
to protect sensitive information on-line, we also take measures
to protect user information off-line. We do not store credit card
numbers from on-line transactions and access to the customer database
is limited to those employees with a need to perform specific functions
(such as shipping, order transaction, customer service, or billing)
and each access is password protected. All email communication regarding
sales orders refer to credit card numbers only by their final four
digits. If you have any questions or concerns regarding security
connected with Site, please contact us by email.
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Privacy
The Company respects your concerns about privacy and values the
trust that you have placed in us. We use the information we collect
about you for the purposes of process orders and provide a more
personalized shopping experience. mywalldesign.com has developed
guidelines to help ensure that your shopping on line experience
is safe and secure.
Intellectual Property & Patent;
Granting of Limited License
All content of this Site, including all graphics, text, photographs,
drawings, software, sound, videos or other material available through
the Site (collectively, the "Content"), is proprietarily
owned by the Company and not intended for any other use than as
expressly contemplated herein and [is / may be] protected to the
fullest extent of all applicable laws by worldwide copyright and
other proprietary laws and treaty provisions.
The Company grants you a limited license to access this Site for
your personal use only. You are not licensed to download, except
where specifically invited, nor to duplicate, sell or modify, any
portion of this Site without express written authorization from
the Company.
You shall not access the Site, or provide access to the Site, by
any means other than the interface that is provided by the Company
for use in accessing the Site.
User Warranties, Company Disclaimers
You expressly understand and agree that your use of the Site is
at your sole risk and that the Site is provided on an “as
is” and “as available” basis. In placing an order,
you warrant to the Company that:
- (i) you are over 18 years of age;
- (ii) you have the authority to place the order; and
- (iii) to the extent you provide information to the Company in
connection with any order or purchase, that all such information
is valid, accurate and true.
The Company does not warrant the accuracy or completeness of the
content or the reliability of any advice, opinion, statement, price
availability or other information displayed or distributed through
the Site. Any reliance on any such opinion, statement, price availability
or other information shall be at your own risk. The Company does
not make any warranty that the Site will meet your requirements,
or that the Site will be uninterrupted, timely, or error free, or
that the defects in the site, if any, will be corrected.
You understand and agree that any material and/or data downloaded
or otherwise obtained through the site is at your own discretion
and risk and that you are solely responsible for any damage to your
computer system or loss of data that results from the download of
such material and/or data.
Buyers should always research a seller’s feedback history
prior to initiating a transaction. Feedback is the leading indicator
of a seller’s overall quality. Feedback indicates Seller’s
willingness to resolve transaction disputes and ability to fulfill
and ship orders timely.
Check Out Process
In placing an order, you agree to provide only true, accurate, current
and complete information during the checkout process, and agree
to update that information to keep it true, accurate, current and
complete. The Company may in it sole discretion, bar your access
to the Site if it has grounds to believe that you have provided
untrue, inaccurate, not current, or incomplete information to the
Company.
Pricing & Sales Tax
If a discrepancy arises between the price quoted on the Site and
on the checkout page, the latter will prevail. [In the event a product
is listed at an incorrect price due to a typographical or if payment
has already been made and your order is canceled or limited by the
Company, the Company shall refund in the same tender as the original
purchase for any and all such items. The Company shall automatically
charge the applicable sales tax for orders to be delivered to addresses
within [the state of] Texas. The rate of sales tax imposed will
be that as governed by the laws of Texas State. The Company shall
not charge sales taxes, or other taxes, on orders shipped to any
other state and you are solely responsible for such taxes if any.
Order Payment Terms
You agree that your placement of an electronic order on the Site
is sufficient to satisfy the Statute of Frauds, and no further writing
is required. Terms of payment are within the Company’s sole
discretion, and unless otherwise agreed by the Company, payment
must be received by the Company prior to the Company’s acceptance
of an order. The Company may accept payment via Visa, MasterCard,
Discover and American Express. Orders are not binding until the
Company accepts the order. The Company may need to verify any information
you provide before the Company accepts an order, and may cancel
or limit an order any time after it has been placed. The Company
expressly conditions it acceptance of your order on your agreement
to the Terms. Invoices are due and payable within the time period
indicated on the invoice. You agree to pay interest on all past-due
sums at the highest rate allowed by law.
Shipping
Unless otherwise specified, the Company will use its best efforts
to ship all merchandise within six business days of purchase. Delivery
estimates are good faith estimates only. Product availability may
be limited and particular products may not be available for immediate
delivery. The Company cannot ship to P.O. boxes. The Company will
not be liable for any loss, damage, cost or expense related to any
loss or delay in shipment or delivery. The risk of loss and title
for all merchandise purchased passes to you upon our delivery of
the merchandise to the carrier. You will be charged for shipping
and handling, and all shipping and handling charges will appear
on the checkout form when you submit an order. In most cases, the
Company does not ship purchases directly or immediately to registrants
but instead will hold purchases in a credit account, pending registrants’
final confirmation of purchase decisions.
Pricing & Returns
The Company strives to sell quality merchandise and we guarantee
our products for material quality and workmanship. Merchandise purchased
on the Site may be returned within 7 days of shipping date, provided
that it is accompanied by original receipt and returned to us in
the original condition that you received it in. The number of returned
items are subject to a 25% re-stocking fee. Please be sure to inspect
your order as soon as you receive it. Refunds are issued in the
same tender as the original purchase. The Company will not reimburse
for shipping and handling charges. Returns should be properly packed
and sent by UPS Ground at the customer’s expense to:
Mywalldesign, 1221 willard street, 77006, texas,
Links & Your Contact With Third Parties
The Site, or third parties on the Site, may provide links to other
sites and/or resources and you understand and acknowledge and agree
with the Company that the Company has no control of such information,
and further that the Company shall not in any circumstance be liable
for the content, advertising, operation, products or other materials
available through such other sites or resources. You should carefully
review such other sites’ privacy statements and other conditions
of use. Links included are for convenient reference only and do
not represent any diligence on the part of the Company as to the
quality or advisability of you dealing with any such party or accessing
those sites and you alone shall assume risks associated therewith
and the Company disclaims any and all liabilities connected therewith.
Your dealings or communications through the Site with any party
other than the Company are solely between you and that third party,
and the Company does not make any representations or warranties
with respect to any goods, services or information that may be obtained
from such third parties and the Company shall not be liable therefore
Changes To Terms And Conditions
The Company reserves the right, in its sole discretion, to change,
modify, add or remove any portion of the Terms in whole or in part,
at any time with or without notification. If you disagree with any
changes to the Terms, your sole recourse is to stop using this Site.
Your continued use of the Site after any changes to these Terms
are posted will be considered acceptance of those changes. If a
product is listed at an incorrect price, the Company reserves the
right to refuse, cancel or limit any order placed at the incorrect
price. Changes in the Terms will be effective when posted on the
Site. You should periodically check the "Terms and Conditions"
link on the Site to view the then current Terms, as changes may
be made with or without notice.
Changes To The Site
The Company may, in its sole discretion, terminate, change, suspend
or discontinue the Site or any aspect of the Site, temporarily or
permanently, including the availability of any features of the Site
or access to any parts of the Site, at any time and without notice
to you, and you understand, acknowledge and irrevocably agree that
the Company shall in no event have any liability in connection therewith.
Prices are subject to change without notice. If a product is listed
at an incorrect price, the Company reserves the right to refuse,
cancel or limit any order placed at the incorrect price.
User Conduct
You understand and agree that all content is the sole responsibility
of the person from whom that content originated, which means that
you are responsible for all content that you post or transmit via
the Site. You agree that you will not use the Site in any way to:
(a) transmit any content that is harassing, unlawful, defamatory,
abusive, threatening, obscene, harmful, tortuous, invasive of another's
privacy or right of publicity, or that infringes any copyright,
trademark, trade secret, patent or other proprietary right, or that
is otherwise objectionable; (b) transmit viruses or other harmful,
disruptive or destructive files, codes or programs; (c) violate
any local, state, national or international law or regulation or
transmit any content that you do not have the right to disseminate
under law, or contractual or fiduciary relationships; (d) interfere
with, disrupt or harm in any way the Site or servers or networks
connected to the Site; (e) collect or attempt to collect or store
personal data about other users; (f) harm minors in any way; or
(g) transmit any unauthorized advertising, promotional materials,
spam, or other type of unsolicited mass-e-mail to any party who
has not agreed to be part of such mailings.
No Reselling Of Services On This Site?You
agree not to sell, resell, reproduce, duplicate, copy or use for
any unauthorized purposes any portion of the Site, or use of or
access to the Site
Disclaimers Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT NOT PROHIBITED
BY APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON,
THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS
SITE. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT,
PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH
OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION
SHALL BE AT YOUR SOLE RISK. THE COMPANY DOES NOT MAKE ANY WARRANTY
THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS
IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
THE COMPANY DOES NOT WARRANT THAT THIS SITE, SERVER OR EMAIL SENT
FROM mywalldesign.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation Of Liability
TO THE EXTENT NOT PROHIBITTED BY APPLICABLE LAWS, IN NO EVENT, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES,
AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS, BE LIABLE TO
ANY ENTITY FOR ANY DAMAGES OR LOSSES TO ANY PARTY OF ANY KIND WHATOSEVER
ARISING FROM OR CONNECTED WITH (DIRECTLY OR INDIRECTLY) OR OTHERWISE
ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR
THE CONTENT OF THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF
ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE,
OR YOUR TRANSMISSIONS, AND EXPRESSLY WITHOUT REGARD TO WHETHER OR
NOT THE COMPANY HAS BEEN ADVISED (EXPRESSLY OR OTHERWISE) OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM), OR PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IN CERTAIN SITUATIONS
AND TO THE EXTENT THAT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
OR MAY NOT APPLY FULLY AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SHOULD ANY PART OF THIS DISCLAIMER BE FOUND TO BE OVERBROAD OR
UNENFORCEABLE UNDER ANY APPLICABLE LAW, THE COMPANY INTENDS AND
DEEMS THAT ALL ELELMENTS SHALL SURVIVE AND BE IN FULL FORCE AND
EFFECT TO THE GREATEST PERMITTED UNDER APPLICALBE LAW.
Indemnification
You agree to indemnify and hold harmless the Company, its affiliates,
officers, directors, employees and suppliers, from and against all
losses including without limitation any claim, demand, action or
damage, including the cost of reasonable attorney's fees and expenses,
made against the Company or incurred by any third party claiming
against the Company arising out of or related to your misuse of
the Site, any Content, transmissions via the Site, or as a result
of or in connection with your deliberate violation or breach of
the Terms, your willful misconduct, including without limitation
tampering with the Site, unauthorized access to the Site or acts
of malice or contrary to applicable laws.
Choice of Law; Consent to Texas Jurisdiction
By visiting the Site you agree that the laws of the State of Texas,
without regard to the conflict of laws principles thereof, govern
these Terms, any disputes of any sort that might arise. Any disputes
arising involving the Company shall be settled and determined in
Texas, Texas and any claims connected with the Company shall be
brought in any federal, state or city court or other court of competent
jurisdiction located in Texas, Texas. By visiting this site or by
doing business with the Company, you irrevocably submit to the exclusive
jurisdiction of any of said courts for purposes of resolving such
disputes and you irrevocably waive any claims or defense of inconvenient
forum or lack of personal jurisdiction in connection therewith.
Termination
You understand, acknowledge and irrevocably agree that the Company
may, in its sole and absolute discretion, at any time and without
notice to you, may terminate your use of the Site, may remove or
delete any Content on the Site, including Content you have provided
to the Company or that you have transmitted through the Site. You
further understand, acknowledge and irrevocably agree that the Company
shall in no event be liable to you for any termination of your use
of or access to the Site or of termination of the Site. In the event
of any termination of the Terms, or your use of or access to the
Site, or of the Site, in part or in full, you also understand, acknowledge
and irrevocably agree that the provisions hereof regarding Intellectual
Property Rights, Indemnification, Disclaimer of Warranties, Limitations
of Liability shall survive any such termination.
General
The Terms constitutes the entire agreement between the Company and
you with respect to your use of the Site. Any cause of action you
may have with respect to the Site must be commenced within one (1)
year after the claim or cause of action arises, notwithstanding
any statutes of limitations to the contrary. If for any reason a
court of competent jurisdiction finds any provision of the Terms
or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the intent
of the parties as reflected by that provision, and the remainder
of the Terms shall continue in full force and effect. Any failure
by the Company to enforce or exercise any provision of the Terms
or related right shall not constitute a waiver of that right or
provision. The section titles used in the Terms are purely for convenience
and carry with them no legal or contractual effect.
PRIVACY Policies and Procedures
mywalldesign.com believes that privacy should be an important consideration
when making decisions about purchasing on line. mywalldesign.com
is committed to respecting your privacy and we promise responsible
handling customer information and ensuring safety and security.
Accordingly we have installed technological protections to ensure
that our transaction process is extremely safe and that our customer’s
information is secure... Additionally, mywalldesign.com takes steps
to help ensure that our third-party platforms are safe. However,
it is important that customers realize that protection is a two-way
street and when buying on any on-line venue, caution must always
be practiced.
By using our website, you are accepting the terms of this privacy
policy and your continued use of our website at www.mywalldesign.com
(the “Site”) shall serve as your certification to us
that you irrevocably agree that our policies and procedures regarding
privacy are adequate and acceptable to you.
Information Collection and Used
mywalldesign.com is the sole owner of the information collected
on the Site. When making a purchase through our Site, in order to
process your order, we collect your name, billing address, phone
number, e-mail address, and credit card information. The information
is used entirely and only by us, except in cases where we use third
party agents to perform certain functions for us, such as credit
card processing, delivering packages and fulfilling orders. In those
cases, we provide only the information necessary for the performance
of those specific functions. The information we learn from our customers
helps us personalize and continually improve your shopping experience
at mywalldesign.com
Ordering
We request information from the user on our order forms. Here a
user must provide contact information (like name, billing and shipping
addresses) and financial information (like credit card number, expiration
date). This information is used for billing purposes and to fill
customer orders. If we have trouble processing an order, this contact
information is used to get in touch with the user.
Links
The Site, or third parties on the Site, may provide links to other
sites and/or resources. mywalldesign.com has no control over any
actions and we make no representations with respect to these entities,
and in no event shall mywalldesign.com be liable for the content,
advertising, operation, products or other materials available through
such other sites or resources. You should carefully review such
other sites’ privacy statements and other conditions of use.
Security
We use the latest security technology to encrypt all personal information
which you submit through our Site, including credit card numbers,
addresses and other information. We encrypt this information using
Secure Sockets Layer (SSL) technology which allows it to be transmitted
securely over the Internet without anyone else having access to
it. While on a secure page, such as our order form, the lock icon
on the bottom of Web browsers such as Netscape Navigator and Microsoft
Internet Explorer becomes locked (as opposed to un-locked, or open,
when you are just ‘surfing’). While we use encryption
to protect sensitive information on-line, we also take measures
to protect user information off-line. We do not store credit card
numbers from on-line transactions and access to the customer database
is limited to those employees with a need to perform specific functions
(such as shipping, order transaction, customer service, or billing)
and each access is password protected. All email communication regarding
sales orders refer to credit card numbers only by their final four
digits. If you have any questions or concerns regarding security
connected with Site, please contact us by email at security@mywalldesign.com
Changes to Privacy Policy
mywalldesign.com reserves the right, in its sole discretion, to
change, modify, add or remove any portion of its privacy policy
in whole or in part, at any time with or without notification. Changes
in the policy will be effective when such change is posted on the
Site. You should periodically check the Privacy Policy on our Site.
Cookies and Tracking Technology
WE DO NOT USE COOKIES
My Wall Design.com
If you have any questions about this Privacy Policy or about mywalldesign.com's
information collection practices, please contact us at security@mywalldesign.com
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