Karen Sommers Interiors Terms and Conditions

Terms and Conditions for Purchase of Our Digital Products

(Dorm Room Chic, Little Black Dress Rooms, The Home Staging Mentors)

Please read these Terms of Use carefully before purchasing, downloading, accessing or using any of our Design Boards, Master Lists, Product Lists and/or Services.

Our Design Boards, Lists, Product Lists, Design Notes and Services are owned and operated by Karen Sommers Interiors (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Design Boards, Product Lists, Product and/or Services.

These Terms of Use (“Terms of Use”) state how you may use our Design Boards, Master Lists, Product Lists and/or Services and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.By using any of our Design Boards, Master Lists, Product Lists and/or Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Design Boards, Master Lists, Product Lists and/or Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by purchasing and/or using any of our Design Boards, Master Lists, Product Lists and/or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of our Design Boards, Master Lists, Product Lists and/or Services you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing, or using our Design Boards, Master Lists, Product Lists and/or Services in any manner constitutes use of the Design Boards, Master Lists, Product Lists and/or Services, and your agreement to be bound by these Terms of Use.

Intellectual Property Rights

Our Limited License to You. Our Design Boards and Design Services are our property and are protected by copyright, trademark, and other intellectual property laws.

The content in our Design Boards and Design Services are solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Design Boards, Master Lists, Product Lists and/or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non- transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Design Boards, Master Lists, Product Lists and/or Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. You are being granted a limited license to use our Design Boards, Master Lists, Product Lists and/or Services with permission and restrictions. This means that when you purchase a Design Boards, Master Lists, Product Lists and/or Services from our Website or otherwise, you are purchasing the limited right to use the Design Boards, Master Lists, Product Lists and/or Services in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

You are permitted to use our Design Boards, Master Lists, Product Lists and/or Services as follows:

You may download and/or print Design Boards, Master Lists, Product Lists and/or Services for your own personal use.

However, you are NOT permitted to SHARE, SELL, REPRINT or REPUBLISH any other of our Materials,Including Shopping Links. This includes sharing our designs and materials with your friends, family, colleagues, roommate, etc. If they would like access, they must purchase their own product/list separately.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others As a Purchaser/Client, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. When you purchase our Design Boards, Master Lists, Product Lists and/or Services, you agree that you are clearly and expressly prohibited from doing the following:

You will not copy, share or steal our Design Boards, Master Lists, Product Lists and/or Services, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Design Boards, Master Lists, Product Lists and/or Services, in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Design Boards, Master Lists, Product Lists and/or Services. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any other information accessed or purchased through our Design Boards, Master Lists, Product Lists and/or Services, or any other communications provided by us for your own personal use, or in any way that earns you money from our designs or products.
You will not duplicate, share, trade, sell, or otherwise distribute our Design Boards, Master Lists, Product Lists and/or Services to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Design Boards, Master Lists, Product Lists and/or Services to someone else so they can copy and/or use them for their own personal use,business/commercial use or in any way that earns them money. You are the only one granted rights to use our Design Boards, Master Lists, Product Lists and/or Services you purchase.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Design Boards, Master Lists, Product Lists and/or Services for your own in no way gives you any copyright, trademark, intellectual property or ownership rights of our Design Boards, Master Lists, Product Lists and/or Services.
You will not reprint or republish any part of our Design Boards, Master Lists, Product Lists and/or Services for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Design Boards, Master Lists, Product Lists and/or Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You may not engage in improper and/or unauthorized use of our Products or any other information related to our Design Boards, Master Lists, Product Lists and/or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Products or any other information accessed or purchased through our Design Boards, Master Lists, Product Lists and/or Services or any other communications provided by us to you promoting or relating to the Design Boards, Master Lists, Product Lists and/or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Design Boards, Master Lists, Product Lists and/or Services as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing.

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership of our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website.

Your License to Us

By posting or submitting any material created as a result of on our Design Boards, Master Lists, Product Lists and/or Services, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on our Website or social media, you are granting us, and anyone authorized by us, an unlimited, royalty-free, irrevocable, non-exclusive, license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole/, part, or in any manner we see appropriate. You are granting us the right to make it part of our current or future Design Boards, Master Lists, Product Lists and/or Services. This right includes granting us use or proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. This does not include any of your own ideas, programs or offerings. We will not take, borrow or steal any of your ideas, programs or offerings for use in our own business. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Design Boards, Master Lists, Product Lists and/or Services at any time for any reason whatsoever.

Media Release.

By participating in our Design Boards, Master Lists, Product Lists and/or Services, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your purchase of our product.

Security

When you purchase our products, we use Square to process our charges, their privacy policy is linked here: https://squareup.com/us/en/legal/general/privacy-no-account

Facebook Groups

The product or program may come with a private Facebook Group. These Terms apply to the Facebook Group. Further, you understand that Facebook is a public platform and therefore, we cannot guarantee your privacy for things that you share in the group as other members will also see what is posted.

Personal Responsibility and Assumption of Risk

You are purchasing a product from us that is filled with non affiliate links. We are not responsible for the products you receive from our list. The list is an extensively researched item that we are providing for you. Using to the best of our knowledge and research to provide you with reliable products. As a Purchaser/Client, you agree that you are using your own judgment in using our Design Boards, Master Lists, Product Lists and/or Services and you agree that you are doing so at your own risk. Our Design Boards, Master Lists, Product Lists and/or Services are for informational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Design Boards, Master Lists, Product Lists and/or Services are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Design Boards, Master Lists, Product Lists and/or Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Design Boards, Master Lists, Product Lists and/or Services or the contributions or information transmitted to us.

Disclaimer

Our Design Boards, Master Lists, Product Lists and/or Services are for informational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or

others in connection with our Products.

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR Design Boards, Master Lists, Product Lists and/or Services. YOU AGREE THAT

Design Boards, Master Lists, Product Lists and/or Services ARE PROVIDED

“AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR

IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE

LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT

THE Design Boards, Master Lists, Product Lists and/or Services WILL BE

FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR

ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF

THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS

REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM,

PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS

OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR

OTHERWISE.

Technology Disclaimer

We try to ensure that the availability and delivery of our Design Boards, Master Lists, Product Lists and/or Services is error-free and up to date. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Design Boards, Master Lists, Product Lists and/or Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Design Boards, Master Lists, Product Lists and/or Services inaccessible to you. We have no control over vendors and their products. Prices and Availability can alter without notice. So our links should be treated as time sensitive products.

Links to Other Websites

We provide shopping links to other websites maintained by third parties that take you outside of our Design Boards, Master Lists, Product Lists and/or Services. These links are provided for your convenience and the inclusion of any link in our Design Boards, Master Lists, Product Lists and/or Services to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Design Boards, Master Lists, Product Lists and/or Services. We have no control over the availability or price of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our vendors, agents, contractors, employees, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Design Boards, Master Lists, Product Lists and/or Services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Design Boards, Master Lists, Product Lists and/or Services. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, vendors, affiliates or otherwise who is engaged in rendering our Design Boards, Master Lists, Product Lists and/or Services, or in any way or in any location. In the event that you use our Design Boards, Master Lists, Product Lists and/or Services or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Design Boards, Master Lists, Product Lists and/or Services, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Design Boards, Master Lists, Product Lists and/or Services in any way that causes or is likely to cause the Design Boards, Master Lists, Product Lists and/or Services, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us. You must use the Design Boards, Master Lists, Product Lists and/or Services for lawful purposes only. You agree that you will not use our Design Boards, Master Lists, Product Lists and/or Services in any of the following ways:

● For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

● To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

● To send, negatively impact, or infect our Design Boards, Master Lists, Product Lists and/or Services with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

● To impersonate any third party or otherwise mislead as to the origin of your contributions

● To reproduce, duplicate, copy or resell any part of our Design Boards, Master Lists, Product Lists and/or Services in a way that is not in compliance with these

Communication Guidelines

If you have a question or concern about your Design Boards, Master Lists, Product Lists and/or Services, you may send an e-mail to assistant@karensommersinteriors@gmail.com and we will do our best to reply to your question or concern promptly.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Design Boards, Master Lists, Product Lists and/or Services without any additional authorization, for which you will receive an electronic receipt.

https://squareup.com/us/en/legal/general/privacy-no-account

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Design Boards, Master Lists, Product Lists and/or Services for legitimate, non-commercial purposes only and not for speculative, false,fraudulent, or illegal purposes. Since we have a clear and explicit No Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Design Boards, Master Lists, Product Lists and/or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount , and billing address.

If you make a purchase from one of our links provided on or through our Design Boards, Master Lists, Product Lists and/or Services, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Design Boards, Master Lists, Product Lists and/or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection

practices that are different from ours. https://squareup.com/us/en/legal/general/privacy-no-account

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Design Boards, Master Lists, Product Lists and/or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Refund Policy

Our policy is strictly no refunds, due to the immediate nature of our downloads. Your satisfaction with your Design Boards, Master Lists, Product Lists and/or Services is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Design Boards, Master Lists, Product Lists and/or Services, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Design Boards, Master Lists, Product Lists and/or Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Design Boards, Master Lists, Product Lists and/or Services, you understand and agree that all sales are final and no refunds will be provided.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to our Design Boards, Master Lists, Product Lists and/or Services, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Design Boards, Master Lists, Product Lists and/or Services.In the event of cancellation or termination, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination, we reserve the right to immediately refuse or terminate your access to any aspect of our Design Boards, Master Lists, Product Lists and/or Services, including but not limited to our Website, e-mail communications, Facebook groups, or any other method of communications related to our Design Boards, Master Lists, Product Lists and/or Services at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination.

Dispute Resolution

We hope if we ever have any differences, we can work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected by us, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at karensommersinteriors@gmail.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Design Boards, Master Lists, Product Lists and/or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Johnstown, PA, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Design Boards, Master Lists, Product Lists and/or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Governing Law

These Terms of Use shall be governed by the laws of the State of Pennsylvania, regardless of the conflict of laws principles thereof.

If you have any questions about any term of these Terms of Use, please contact us at

assistant@karensommersinteriors@gmail.com

Thank you.