Website Terms of Use

TERMS OF USE

Last updated March 20, 2023

These Terms of Use ("Terms") are a legal and binding agreement between you and Indy Home Design ("Company”, “we”, “us”, or “our”) governing your access to and use of the website located at https://www.shopindyhome.com/ and all content, features, functionality, and offers made available thereon (the “Site”). The Site includes, by definition, any current or future mobile application associated with the Site (the “Mobile Application”), all interactive features, applications, widgets, social networks and social network tabs, and other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE SITE.

1. Modifications

We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last updated” heading at the top of these Terms. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms as modified. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms. 

2. Use

We grant you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site. You shall not, in any way, otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site. We may at any time, for any reason, and without notice: (a) modify, suspend, or terminate operation of or access to (including for any individual or number of individuals) the Site, or (b) change, revise, or modify the Site. 

3. Ownership and Intellectual Property Rights

You understand and agree that Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site, and all photos, text, data, code, trademarks, copyrighted works, music, artwork, databases, graphics, images, audio and visual clips, logos, software, and other materials contained on the Site, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. 

You acknowledge that the Site is proprietary to Company and protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Site. Company grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Site solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site or any other Content available via the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company. 

4. Accounts, Passwords, and Security

In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Company immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Company or any other person or entity due to another person using your account, login ID, or password. You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.

Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may use the Services only with involvement of a parent or guardian. 

We reserve the right to suspend or terminate your account in the event that you breach any of these Terms of Use

5. Restrictions on Use

You shall not:

  • reproduce, distribute, or publicly display the Site;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, or any Content;
  • prepare derivative works based on the Site;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, or labels contained on or within the Site;
  • frame, mirror, or in-line link the Site, or incorporate into another website or application;
  • use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Company, its licensors, or any other person or entity related to the Site. 

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law. 

Any unauthorized use automatically terminates the license granted to you hereunder.

6. Geographic Restrictions

The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

7. Submissions

You are solely responsible for any information, content, or material you transmit to us through the Site, email, or otherwise, including without limitation any project proposal (“Submission(s)”). You understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. Furthermore, you grant Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, evaluate, and distribute any Submission, without compensation or accounting to you or anyone else. After reviewing any Submission, we are not required to return any written response to you. If we are interested in your Submission that is a project proposal, upon our reasonable request, you agree to negotiate with us for rights thereto. You represent and warrant that: (a) you have the right to submit the Submission to Company and grant the licenses set forth above; (b) Company will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and all applicable laws and regulations. 

Company takes no responsibility and assumes no liability for any Submission.

8. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. COMPANY SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. COMPANY MAY DISCONTINUE ANY ASPECT OF THE SITE, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. 

9. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

10. Indemnification

You agree to defend, indemnify, and hold harmless Company and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms.

11. Electronic Communications

When you visit or use the Site, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

12. Links

The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”). These Terms apply only to the Site and do not apply to any Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

13. Governing Law/Jurisdiction/Claim Limitation

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You may not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which a party acts or proposes to act in a representative capacity. 

14. Violation of these Terms and Remedies

Company may, in its sole discretion and without prior notice, block and/or terminate your access to the Site if we determine that you have violated these Terms. You agree that any violation, or threatened violation, by you of these Terms may cause irreparable harm to Company, and therefore you agree that Company shall be entitled to injunctive or equitable relief. 

15. General Provisions

If, for any reason, a court of competent jurisdiction or arbitration proceeding determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Company hereof will be deemed effective unless in writing. Company shall not be liable for any delays or failure in performance of any part of the Site, from any cause beyond Company’s reasonable control. Such causes include, but are not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, pandemics, and acts of hackers or third-party service providers.

These Terms constitute the entire agreement between Company and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof.

16. Contact Us

If you have any questions or concerns about the Site please contact us at: 

    • By email: [email protected]
    • By phone number: Montauk: (631) 668-8415; Sag Harbor: (631) 808-3111