AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hello Good Design (“we”, “us” or “our”), concerning your access to and use of hello-good-design.com website as well as any other media form, media channel, or mobile website related, liked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

INTELLECTURAL PROPERTY RIGHTS FOR SITE

Unless otherwise indicated, the Site is our propriety property and all source code, databases, functionality software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademark, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the marks are provided on the Site “AS-IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republish, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. and/or credited/accompanied by a link back to hello-good-design.com.

Provided that you are eligible to use the Site, you are granted limited license access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access (e.g. an image or two) for non-commercial use, as long as there is credit and accompanied link back to hello-good-design.com

Using Content or Marks from the site in bulk (e.g. photo gallery or landing page) is strictly prohibited even with proper credit.

INTELLECTUAL PROPERTY RIGHTS FOR SERVICES

As a client, unless requested in writing by the client, HGD can use the design, accompanying photographs, and inspiration images on all social media accounts associated with Hello Good Design, including but not limited to the website, Instagram, Pinterest, and Facebook. The location of the client and client personal details will not be disclosed unless expressly released in writing by client.

CONDITIONS FOR SERVICE

General

1. Hello Good Design agrees to provide design advice to the best of our knowledge from the information provided by the client.
2. Hello Good Design is an online design service and any suggestions made are meant to improve the look of your space and not intended for construction use.
3. The Client agrees to provide full information regarding requirements for the project including images of the space, measurements of the space and inspiration for the overall space within a timely manner.
4. Hello Good Design clients agree to correspond strictly through email. If email is does not provide the adequate solution client also agrees to additional fees of $50 per phone call or video chat per hour.
5. Hello Good Design will not be responsible for managing construction, purchasing, delivery or installation related to any design packages offered through Hello Good Design.
6. Hello Good Design will not be held responsible for arranging deliveries, repairs, replacements, requesting lead times/discounts, or price changes for purchases made in conjunction with recommendations for any design packages offered through Hello Good Design.
7. It is the client’s responsibility to reach out to professional services necessary to complete their project in the safest manner possible. Failure to reach out through the proper channels could result in harm. Hello Good Design accepts no liability for death, personal injury, loss of property, or damaged property suffered by clients using Hello Good Design consultation, e-styling, or e-design services.

USER REPRESENTATION

By using the Site, you represent and warrant that: 1) you have the legal capacity and you agree to comply with these Terms of Use; 20 you are not a minor in the jurisdiction iin which you reside; 3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 4) you will not use the Site for any illegal or unauthorized purpose; and 5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your order and refuse any and all current or future use of the Site.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may bot be used in connection with any commercial endeavor except those that are specifically endorsed or approved by us. As a user of the Site you agree not to:

1.  Make any unauthorized use of the Site, including collecting usernames and or email address of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. Use the Site to advertise or sell goods and services.
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining robots, or similar data gathering and extraction tools.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Use the Site as part of any effort to compete with use or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
8. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
9. Delete the copyright or other proprietary rights notice from any content.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letter and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphic interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devise (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
12. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
13. Use the Site in a manner inconsistent with any applicable laws or regulations.
14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forum, and other functionality, and provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing downloading, or copying of your Contributions do not and will not infringe the proprietary rights; including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, intimidate, violent, harassing, slanderous, otherwise objectionable, or abuse anyone (as determined by us).
6. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
7. Your Contributions do not violate any applicable law, regulation, or rule.
8. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18.
9. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
10. Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination of suspension of your rights to use the Site.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of theses Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any propriety right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belong to or originating from third parties (“Third-Party Content”). We do not monitor and are not responsible for Third-Party Websites and Third-Party Content. Including or linking to Third-Party Websites and Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the Third-Party Website and or use their content, you do so at your own risk and these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such product or services. Additionally, you shall hold us harmless from any losses sustained by you are harm caused to you relating to or resulting in any way from Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. We simple provide the space to place advertisements and have no other relationship with the advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violation of these Terms of use and take appropriate legal action against anyone who in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities. It is our sole discretion to remove or disable all files and content from the Site without notice.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy here. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify us using the contact information provided below.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WAY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

In addition to terminating or suspending your account or service, we reserve the right to take appropriate legal action.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

DISPUTE RESOLUTION

For any dispute you have with Hello Good Design, you agree to first contact hello.good.design@gmail.com and attempt to resolve the dispute with you informally. If Hello Good Design and client cannot resolve the issue informally they agree to claim, dispute, or resolve in the following manner:

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.

Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively by binding arbitration. YOU UNDERSTAND WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cheatham County, TN. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

IF for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts in Cheatham County, TN, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that nay arbitration shall be limited to the Dispute between the Parties individually. Th the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including description, pricing, availability, and various other information. We reserve the right to correct, change, or update any information on the Site at any time, without prior notice.

DISCLAIMER

The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest exist permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness about the Site’s content of the content of any websites linked to the Site and we will assume no liability or responsibility for any 1) errors, mistakes, or inaccuracies of content, materials, and services, 2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and services, 3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, 4) any interruption or cessation of transmission to of from the Site, 5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or 60 any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do note warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will note be a party to or in any way be responsible for monitoring any transaction between you and any Third-Party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and use caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of this Site or interior design services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our lability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $100.00 USD. Certain state laws do not allow limitations on implied warranties or exclusions of limitations of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and al of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 1) your Contributions; 2) use of the Site and interior design services; 3) breach of these Terms of Use; 4) any breach of your representations and warranties set for in these Terms of Use; 5) your violation of the rights of a third party, including but not limited to intellectual property rights; or 6) any overt harmful act toward other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We maintain certain data that you share with the Site, however you are solely responsible for all data that you transmit or that relates to any activity that you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from loss or corruption of such data.

ELECTRONIC COMMUNICATIONS

Visiting the Site, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

TERMS OUTLINED

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of the remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto execute these Terms of Use.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at:

 hello.good.design@gmail.com

Hello Good Design, PO BOX, Chapmansboro, TN