Terms & Conditions

Please read these Terms & Conditions carefully before using the website and services offered by this website (“Interiors – A Room At A Time”). This agreement includes all legally binding terms and conditions for your use of the website at https://www.interiorsaroom.com (the “Site”) and all services provided by D. Scott Coley-Designs, LLC.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, contributors of content, information and other materials or services on the Site.

The first condition for using this website is to “do unto others as you would have them do unto you”.

If you have any questions, please contact us.

What is “Interiors – a room at a time”?

Welcome to “Interiors – a room at a time,” an online forum and store for buyers and sellers of home furnishings and home decor.

“Interiors – a room at a time” is a Venue

“Interiors – a room at a time” acts as a Venue to for users who comply with this agreement. “Interiors – a room at a time” is not directly involved in the transactions between buyers and sellers. Thus, “Interiors – a room at a time” has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. “Interiors – a room at a time” pre-screens products and/or information provided by users. “Interiors – a room at a time” cannot ensure that a buyer or seller will complete a transaction.

“Interiors – a room at a time” cannot and does not transfer legal ownership of items from the seller to the buyer.

“Interiors – a room at a time” cannot guarantee the identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.

You agree that “Interiors – a room at a time” is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on “Interiors – a room at a time”. You use “Interiors – a room at a time” service at your own risk.

You agree to pay the amount listed and any other disclosed amounts such as taxes, duties, costs and expenses.

You agree to manage all shipping and cost of transporting items purchased and sold on the “Interiors – a room at a time” website and that “Interiors – a room at a time” is not involved in the shipping of any items.

You agree to use the “Interiors – a room at a time” Add to Cart button that allows you to purchase and item for sell on the “Interiors – a room at a time” website which is managed through PayPal and that you agree that 7% of the selling price will be retained by “Interiors – a room at a time” , All amounts are in US Dollars only.

There are prices set for listings, but we are not evaluation experts and rely on data from sellers. Thus, we strongly recommend that you do your own research to determine the value of an item and use the forum link “determining value” as a resource.

While our sellers do their best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.

Membership Eligibility

“Interiors – a room at a time” services are available only to, and may only be used by, individuals who are US residents and are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old a US resident and that all registration information you submit is accurate and truthful. “Interiors – a room at a time” may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable because of your activity on the Site. In addition, you agree to abide by “Interiors – a room at a time”’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by “Interiors – a room at a time”, each of which is incorporated herein by reference and each of which may be updated by “Interiors – a room at a time” from time to time without notice to you.

Also, some services offered through the Site may be subject to additional terms and conditions published by “Interiors – a room at a time” from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify “Interiors – a room at a time” of any unauthorized use of your password or any breach of security. You also agree that “Interiors – a room at a time” cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than “Interiors – a room at a time” without “Interiors – a room at a time”’s express written permission. You are responsible for the safekeeping of your password and account and are responsible for all activities, sales, and purchases that occur under your password or account.

You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on “Interiors – a room at a time,” you must provide and maintain a valid PayPal account and postal address.

You may not transfer or sell your “Interiors – a room at a time” account and User ID to another party.

“Interiors – a room at a time” takes feedback integrity seriously. Sellers may offer small incentives for general feedback. However, manipulation and/or bribery is not tolerated, including feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserves the right to remove any feedback which it suspects has been posted because of such manipulation or bribery and may close the seller account to which it relates.

“Interiors – a room at a time” reserves the right to refuse service to anyone at any time. “Interiors – a room at a time”’s services are not available to temporarily or indefinitely suspended “Interiors – a room at a time” members. “Interiors – a room at a time” reserves the right, at “Interiors – a room at a time”’s sole discretion, to cancel unconfirmed or inactive accounts.

Fees and Services

“Interiors – a room at a time” charges a percentage of the sale price when an item is sold which currently is “7” percent. “Interiors – a room at a time” fees are subject to change, are incorporated into this Agreement by reference. An increase in the fees for “Interiors – a room at a time”’s services will be effective after “Interiors – a room at a time” provides you with a thirty (30) days’ notice by posting the changes on the site. However, “Interiors – a room at a time” may choose to change the fees for its services for promotional events temporarily; such changes are effective when “Interiors – a room at a time” posts the temporary promotional event on the Site. “Interiors – a room at a time” may decrease the fees with no notice to you. “Interiors – a room at a time” may, at its sole discretion, change some or all of “Interiors – a room at a time” services at any time. In the event “Interiors – a room at a time” introduces a new service, the fees for that service are effective at the launch of the new service. All fees are in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using “Interiors – a room at a time.” “Interiors – a room at a time” keeps accepted payment information in accordance with its Privacy Policy. If fees are due to “Interiors – a room at a time,” this amount will be taken automatically by “Interiors – a room at a time” from the seller’s balance, once the sellers request a withdraw of funds via PayPal.

If “Interiors – a room at a time” terminates a listing or your account, if you close your account, or if the payment of your “Interiors – a room at a time” fees cannot be completed for any reason, you remain obligated to pay “Interiors – a room at a time” for all unpaid fees plus any penalties, if applicable. If you have a question, contact “Interiors – a room at a time.”

Listing and Selling

By listing an item on the Site, you warrant that you and all aspects of the item comply with “Interiors – a room at a time”’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once unless the item’s listing has naturally expired.

All sales are binding. Seller and buyer are responsible for agreeing to the shipping/delivery method, completing the transaction within 30 days after the purchase of the item, unless there is an exceptional circumstance, such as (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.

The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding “Interiors – a room at a time” transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on “Interiors – a room at a time” outside of “Interiors – a room at a time” site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.

Sellers may issue promotional codes for promotional purposes only, and these are to be used against purchases from the issuing seller’s store only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their store, “Interiors – a room at a time” and/or the “Interiors – a room at a time” website. If the Seller is found to be selling promotional codes, this may constitute fee avoidance.

Returns Policy

All returns are by and between you, the buyer, and seller of any items listed and sold on the Interiors a room at a time website. You agree to hold harmless Interiors a room at a time, its affiliates, and officers regarding returns. Interiors a room at a time does not claim any responsibility or obligation for returns of any items listed and sold whatsoever. Interiors a room at a time agrees to pay back five percent (5%) of the fee that is charged to the seller by Interiors a room at a time when provided proof of such return. The seller must email Interiors a room at a time within fifteen (15) days of the return. The email must provide proof of the return, including a PayPal receipt as evidence of said return. After review of the request and the PayPal receipt, Interiors a room at a time will return the five percent (5%) payment within thirty (30) business days of email.

Seller:
Buyers are more comfortable shopping with sellers who accept returns, even though most customers will never return an item. Items that have clear return policies sell better than items that do not. We require all sellers on Interiors a room at a time to specify a return policy, whether the policy is to accept returns or not. We encourage you to offer a buyer-friendly return policy; a generous return policy can attract more buyers and by accepting returns can also provide your consumers with a way to resolve concerns.  If you accept returns, a buyer can return an item if the return meets your return requirements, for example, returning an item within your stated time frame, and meeting item condition requirements.
Provide clear, easy-to-follow instructions for returns, the clearer and more buyer-friendly your return policy, the more secure your buyers will feel shopping with you. Set a reasonable expectation for how long it will take you to process a return and refund the customer. Depending on the payment method, the time frame to refund the buyer shouldn’t be more than fifteen business days. Be clear about your terms and specify the item condition required for a return and specify the correct return address.

Buyer:
To protect yourself from being disappointed in an item, we recommend that you carefully inspect the item photos, descriptions, and details before making a purchase. If you are unsure about an item’s condition, dimension, quality, or description, contact the seller with your questions before making a purchase.
– Contact the seller, work with the seller directly and follow their return instructions.
– Return the item in the same condition as you received it.
Either Buyer or the seller is responsible for return shipping charges, depending on the seller’s return policy and the reason for the return. In most cases, sellers require that buyers pay for return shipping.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to “Interiors – a room at a time” and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links together, (“Content”) that you submit, post, and display on “Interiors – a room at a time”.

Restricted Activities: Your Content and your use of “Interiors – a room at a time”:

    1. Must not be false, inaccurate or misleading
    2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
    3. Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
    4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
    5. Must not contain items that have been identified as hazardous to consumers
    6. Must not be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including “Interiors – a room at a time” staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
    7. Must not be obscene
    8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
    9. Must not modify, adapt or hack “Interiors – a room at a time” or modify another website to falsely imply that it is associated with “Interiors – a room at a time”;
    10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on “Interiors – a room at a time.”
    11. Must not sale Firearms, Explosives, or any Combustable or Illegal Materal of any kind.
    12. Must not sale baby cribs.
    13. You agree to not:
      1. fail to deliver payment for items purchased by you;
      2. fail to deliver items purchased from you;
      3. manipulate the price of any item or interfere with other users’ listings;
      4. circumvent or manipulate our fee structure, the billing process, or fees owed to “Interiors – a room at a time”;
      5. engage in any unsolicited or unauthorized advertising, “spamming” or “chain letters,” or any other form of solicitation;
      6. abuse or harass another using the venue;
      7. interfere with or disrupt the Service or servers or networks connected to the venue; or
      8. intentionally or unintentionally violate any applicable local, state, national or international law;
      9. access the venue (a) by any means other than through the interface that is provided, or (b) through any automated means (including the use of bots, scripts or web crawlers);
      10. override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the venue; or
      11. transmit or make available any harmful material.
    14. You agree not to upload, post, or transmit or make available any Content that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
      2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    15. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any buyer, seller, listing, item or Content from the venue.

Furthermore, you must not list any item on “Interiors – a room at a time” (or conclude any transaction that was initiated using “Interiors – a room at a time” venue) that, by paying to “Interiors – a room at a time” a commission fee, could cause “Interiors – a room at a time” to violate any applicable law, statute, ordinance or regulation, or that violates the Terms & Conditions.

Content

“Interiors – a room at a time” does not claim ownership rights in your Content. You grant “Interiors – a room at a time” a license solely to enable “Interiors – a room at a time” to use any information or Content you supply “Interiors – a room at a time” with so that “Interiors – a room at a time” is not violating any rights you might have in that Content. You grant “Interiors – a room at a time” a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow “Interiors – a room at a time” to store or re-format your Content on “Interiors – a room at a time” and display your Content on “Interiors – a room at a time” in any way as “Interiors – a room at a time” chooses. “Interiors – a room at a time” will only use personal information in accordance with “Interiors – a room at a time”’s Privacy Policy.

By uploading Content to “Interiors – a room at a time” you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. If “Interiors – a room at a time” receives a complaint in respect of any Content posted by you shall be your sole responsibility to deal with such a complaint and to compensate “Interiors – a room at a time” for any loss suffered. “Interiors – a room at a time” reserves the right to remove any such Content immediately. Content includes information, data, text, photographs, graphics, video, messages, tags, or other materials.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another “Interiors – a room at a time” user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for “Interiors – a room at a time “related communications. “Interiors – a room at a time” has not granted you a license to use the information for unsolicited commercial messages. Without limiting the preceding, without express consent from the user, you are not licensed to add any “Interiors – a room at a time” user to your email or physical mail list. For more information, see “Interiors – a room at a time”’s Privacy Policy.

By uploading store images to “Interiors – a room at a time”, you agree that “Interiors – a room at a time” has the right to use your images to promote “Interiors – a room at a time” and /or your store in any external press as well as across all “Interiors – a room at a time” and social media channels.

We can display your listings on other great sites, like Facebook, Twitter, and Pinterest. Thus, you agree that “Interiors – a room at a time”, may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content on or off the Service: (a) for the purpose of providing you the Service, such as promoting your listings on“Interiors – a room at a time”, and on other relevant websites; and (b) with respect to Content that is related to the item, such as information, photographs, and videos of your items, for the purpose of marketing and promoting our Service.

By posting Content on “Interiors – a room at a time,” it is possible for an outside website or a third party to re-post that Content. You agree to hold “Interiors – a room at a time” harmless for any dispute concerning this use. If you choose to display your “Interiors – a room at a time”-hosted image on another website, the image must provide a link back to its listing page on “Interiors – a room at a time.”

“Interiors – a room at a time “considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and “Interiors – a room at a time” shall not be liable for the disclosure or use of such Material. If, at “Interiors – a room at a time”’s request, any member sends Material to improve the site (for example to customer support), “Interiors – a room at a time” will also consider that Material to be non-confidential and non-proprietary and “Interiors – a room at a time” will not be liable for use or disclosure of the Material. Any communication by you to “Interiors – a room at a time” is subject to this Agreement. You hereby grant and agree to grant “Interiors – a room at a time”, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Interactions with Other Users and private messaging

Users are solely responsible for interactions with others. Users understand that “Interiors – a room at a time” does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Messaging is your way to communicate privately with other “Interiors – a room at a time” members. It’s essentially email, but purely for “Interiors – a room at a time” members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam.”
  • You must not pass on email addresses or any other information on to third parties.
  • Spamming other boutiques to ask them to ‘follow’ your boutiques and engage in any unsolicited or unauthorized advertising, “spamming” or “chain letters,” or any other form of solicitation will not be tolerated.
  • Please use common sense when giving out personal information to others via messaging, for example, do not send someone your credit card details.
  • You must not use messages to harass, threaten, blackmail, or abuse another member knowingly.
  • If someone explicitly tells you not to contact them, you must not use messages to communicate with them again, unless you are involved in an open transaction.
  • You must not use messages to interfere with a transaction.
    • You must not contact another member to buy or sell an item listed on “Interiors – a room at a time” outside of the “Interiors – a room at a time” site. This contact may also constitute fee avoidance.
    • You must not communicate with a member involved in an active or completed transaction to warn the member away from a buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your account.

Your Experience and Feedback

By submitting feedback, ideas, ratings, reviews, or suggestions (“Feedback”) to “Interiors – a room at a time”, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of “Interiors – a room at a time” without any obligation of “Interiors – a room at a time” to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) “Interiors – a room at a time” may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) “Interiors – a room at a time” may have something similar to the Feedback already under consideration or in development, and (e) you are not entitled to any compensation or reimbursement of any kind from “Interiors – a room at a time”.

Information Control

“Interiors – a room at a time” controls the Content provided by users that are made available on “Interiors – a room at a time.” You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade. By using “Interiors – a room at a time”, you agree to accept such risks and that “Interiors – a room at a time” (and “Interiors – a room at a time”’s officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any acts or omissions of users on “Interiors – a room at a time”. Please use caution, common sense, and practice safe buying and selling when using “Interiors – a room at a time.”

“Interiors – a room at a time” is not responsible for the availability of outside websites or resources linked to or referenced on the Site. “Interiors – a room at a time” does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that “Interiors – a room at a time” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop-ups which may appear when accessing the Site from your computer.

Resolution of Disputes and Release

In the event, a dispute arises between you and “Interiors – a room at a time” please contact “Interiors – a room at a time.”

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of the United States of America. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release “Interiors – a room at a time” (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

“Interiors – a room at a time,” for the benefit of users, may try to help users resolve disputes, at their request. “Interiors – a room at a time” does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that “Interiors – a room at a time” attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

For transactions completed by PayPal: “Interiors – a room at a time” will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

“Interiors – a room at a time”’s Intellectual Property

“Interiors – a room at a time” and its graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of D. Scott Coley-Designs, LLC. “Interiors – a room at a time”’s copyright, trademarks, service marks, logos, business name, domain name, and trade furniture and all other intellectual property rights may not be used, including without limitation as part of trademarks and /or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

Without limiting any other remedies, “Interiors – a room at a time” may, without notice, and without refunding any fees, delay or immediately remove Content, warn “Interiors – a room at a time”’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the venue will and refuse to provide services to a user if any of the following apply:

  • “Interiors – a room at a time” suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • “Interiors – a room at a time” is unable to verify or authenticate any of your personal information or Content
  • “Interiors – a room at a time” believes that a user is acting inconsistently with the letter or spirit of “Interiors – a room at a time”’s policies and /or this Agreement, has engaged in improper or fraudulent activity in connection with “Interiors – a room at a time” or the actions may cause legal liability or financial loss to “Interiors – a room at a time”’s users or to “Interiors – a room at a time”.

Privacy

Except as provided in “Interiors – a room at a time”’s Privacy Policy, “Interiors – a room at a time” will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

No Warranty

Your use of “Interiors – a room at a time” is at your sole risk.

“Interiors – a room at a time” officers, directors, employees and suppliers provide “Interiors – a room at a time”’s website and services “As Is” and without any warranty or condition, express, implied or statutory. “Interiors – a room at a time”, its officers, members, directors, employees and suppliers, agents, partners, and licensors specifically disclaim any implied warranties of any kind including but not limited to title, merchantability, performance, fitness for a particular purpose and non-infringement. Also, no advice or information (oral or written) obtained by you from “Interiors – a room at a time” shall create any warranty. “Interiors – a room at a time” makes no warranty that (i) the service will meet your requirements; or (ii) the service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

Liability Limit

In no event shall “Interiors – a room at a time”, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, “Interiors – a room at a time”’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

You expressly understand and agree that “Interiors – a room at a time”, and its affiliates, members, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if “Interiors – a room at a time “has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) conduct of any third party on the Service; or (D) any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.

Monetary Limit

“Interiors – a room at a time”’s liability, and (as applicable) the liability of Interiors – a room at a time”’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the fair market value or listing price of the item (B) amount of fees you pay to Interiors – a room at a time” in the 12 months prior to the action giving rise to liability, or © $100.00.

Indemnity

You agree to indemnify and hold “Interiors – a room at a time” and (as applicable) “Interiors – a room at a time”’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to arising out of your breach of this agreement or the documents it incorporates by reference, or arising out of the item, your content, your use of the venue, your breach of any law, rule or regulation, or the rights of a third party.

No Guarantee

“Interiors – a room at a time” does not guarantee continuous, uninterrupted access to the Site and operation of the Site may be interfered with by numerous factors outside “Interiors – a room at a time”’s control or otherwise.

Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any “Interiors – a room at a time” service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. Also, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site. You are responsible for collecting and paying any taxes associated with using and making sales through “Interiors – a room at a time” venue. “Interiors – a room at a time” will issue 1099-K forms to certain sellers in the United States to comply with IRS requirements.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and “Interiors – a room at a time” are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

“Interiors – a room at a time” Service

“Interiors – a room at a time” reserves the right to modify or terminate the “Interiors – a room at a time” service for any reason, without notice, at any time. “Interiors – a room at a time” reserves the right to alter these Terms & Conditions or other Site policies at any time, so please review the policies frequently. If “Interiors – a room at a time” makes a material change “Interiors – a room at a time” will notify you here, by email, by means of a notice on our homepage, or other places “Interiors – a room at a time” deems appropriate. What constitutes a “material change” will be determined at “Interiors – a room at a time”’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and governed by the laws of the United States of America.

Arbitration

All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days’ written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.

Notices

Except as explicitly stated otherwise, any notices shall be given by post to “Interiors – a room at a time”; PO Box 2254 Morganton NC 28680 (in the case of “Interiors – a room at a time”) or, in your case, to the email address you provide to “Interiors – a room at a time” (either during the registration process or when your email address changes). Notice shall be given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, “Interiors – a room at a time” may give you notice by post to the address provided to “Interiors – a room at a time.” In such case, notice shall be deemed given three days after the date of posting.

Please note that “Interiors – a room at a time” will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.

General

Any provisions hereunder that are intended to survive expiration or termination of this Agreement will survive. The parties are independent contractors with respect to each other, and no third-party beneficiaries are created hereunder. You may not assign its rights and obligations under this Agreement. This Agreement inures to the benefit of and shall be binding on any permitted assignees. All notices must be in writing and sent by registered mail, recognized carrier, or confirmed fax transmission, and deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. This Agreement constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Any amendment to this Agreement must be in a signed writing. This Agreement shall be governed by the laws of the State of North Carolina. The parties agree that the federal and state courts of Burke County, North Carolina will have exclusive jurisdiction and venue under this Agreement.

IP Policy and Notice Procedure

“Interiors – a room at a time” respects the intellectual property of others, and we ask our users to do the same. “Interiors – a room at a time” may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide “Interiors – a room at a time” Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Disclosures

The services hereunder are offered by D. Scott Coley-Designs, LLC, located at PO Box 2254 Morganton NC 28680.