Terms of Service
Welcome to Edgardo Torres Design. The website located at www.edgardotorres.com (the “Site”) is a copyrighted work belonging to Edgardo Torres Design, LLC (“Edgardo Torres Design”, “us” and “we”). These terms of service (these “Terms”) govern your access to and use of the Site, including any content, functionality and services offered on or through the Site, or remotely through any Edgardo Torres Design applications (collectively, the “Services”), so please read them carefully before using the Services. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern.
Using our Services
By using the Services, you agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. Your access to and use of the Site is subject to these Terms and all applicable laws. By accessing and browsing our Site, you accept, without limitation or qualification, these Terms. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our Privacy Policy and constitutes a legally binding contract between you and Edgardo Torres Design, LLC. You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of Your state, province or country, and are capable of lawfully entering into and executing a binding contract with Edgardo Torres Design and are not barred under any applicable laws from doing so. If you do not meet these requirements or if you do not agree to these Terms, you must not access or use the Site or Services.
Description of Services
Edgardo Torres Design provides design consultant services. As more fully described on the Site, Edgardo Torres Design provides specific, personalized bedroom design concepts, ideas and advice based on bedroom survey and photos provided by you via the Site.
Payments for Services
The current fee schedule for the Services and payment policies for the Services are describe on the Site (the “Fee Schedule”). You agree to pay all charges in the Fee Schedule. All payment will be in US dollars. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Services provided to you. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
Amendments
We may revise and update our Fee Schedule and Terms from time to time at our sole discretion. by posting them to the website. All changes are effective immediately when we post them, and apply to all access to and use of the Site and/or Services thereafter. Your use of the Site and/or Services following any such change constitutes your agreement to be bound by the modified Fee Schedule and Terms. If you do not agree to the revisions, you should stop using the Site and Services. These Terms will identify the date of last update. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Site and Services so you are aware of any changes, as they are binding on you.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Edgardo Torres Design and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site and Services for your own personal, non-commercial purposes only. You are granted a limited, non-transferable, revocable license to use the Site and Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You retain sole ownership of any photos or other content (“User Content”) you submit via the Site or Services; however, you grant Edgardo Torres Design the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose your User Content (i) for the purpose of providing the Services to you and (ii) unless you opt out of such permission, for Edgardo Torres Design marketing and advertising purposes. Edgardo Torres Design retains sole ownership of the designs, images, and related work product it creates using your User Content. Edgardo Torres Design grants to you a right to use the designs, images, and related work product for your own personal, non-commercial purposes to enable you to construct, use, and maintain a space based on the designs and subject to all other provisions of these Terms with respect to the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except as follows:
· You may privately share and publicly display the designs that we create for you on the Site.
· Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your web browser for display enhancement purposes.
· You may use the designs provided through the Site to construct, use, and maintain one bedroom space for personal use and/or engage or hire a contractor to construct such a space.
· You may print or download one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.
You must not:
· Modify copies of any materials from the Site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
· Access or use any part of the Site other than for purposes of receiving the Services.
If you wish to make any use of material on the Site or Services other than as set out in this section, please address your request to edgardotorresdesign@gmail.com. No right, title, or interest in or to the Site, Services or any content on the Site or Services is transferred to you, and all rights not expressly granted are reserved by Edgardo Torres Design. Any use of the Site and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Copyright/Trademark Information
Copyright © 2020, Edgardo Torres Design. All rights reserved. All trademarks, logos and service marks including, without limitation, the Sleep Environment Design name and marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation. You also agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any device, software, or routine that interferes with the proper working of the Site.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Attempt to bypass methods Edgardo Torres Design may use to prevent or restrict access to the Site or Services.
· Otherwise attempt to interfere with the proper working of the Site.
· Use the Site or Services for any purpose competitive to the Edgardo Torres Design services, or for the purpose of disparaging the Services.
· Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying, or other purpose, whether in aggregated or bulk form or otherwise.
Reliance on Site Contents and Services
The Services provided through the Site are dependent on accurate information provided by you. While we will endeavor to provide the Services in a manner fitting to the information we receive, we do not warrant the accuracy, completeness, or usefulness of Services provided based on inaccurate, incomplete, or deceptive information. Edgardo Torres Design disclaims any and all liability for any loss, damage, or injury based on inaccurate, incomplete, or deceptive information provided to it.
No documents provided in connection with the Site or the Services are intended to serve as “Construction Documents” as that term is generally understood. Edgardo Torres Design does not warrant or guarantee that the Services or any work product received through the Site may be used, with or without modification, in the particular context or circumstances of a customer’s home. The Services and related work product will have greatest potential utility if as much and as accurate information relating to the space to be designed as possible is provided by the customer.
Copyright Infringement
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at edgardotorresdesign@gmail.
Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Site.
· Send e-mails or other communications with certain content, or links to certain content, on the Site.
· Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
· Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions
Edgardo Torres Design is a U.S. company and the Services are based in the United States. We make no claims that the Site or Services or any of its content is accessible or appropriate outside of the United States. Access to the Site or Services may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER EDGARDO TORRES DESIGN NOR ANYONE ASSOCIATED WITH EDGARDO TORRES DESIGN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER EDGARDO TORRES DESIGN NOR ANYONE ASSOCIATED WITH EDGARDO TORRES DESIGN REPRESENTS OR WARRANTS THAT THE SITE, SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EDGARDO TORRES DESIGN AND ALL PARTIES ASSOCIATED WITH EDGARDO TORRES DESIGN HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND WELLNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL EDGARDO TORRES DESIGN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE AND/OR SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL EDGARDO TORRES DESIGN LIABILITY TO YOU EXCEED ANY FEES PAID BY YOU IN THE LAST TWELVE MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Indemnification
You agree to defend, indemnify, and hold harmless Edgardo Torres Design, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Site or Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site or Services.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of New York, and both parties consent to venue and personal jurisdiction there.
Dispute Resolution
i. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Edgardo Torres Design arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Site and Services.
ii. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND EDGARDO TORRES DESIGN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND DECORILLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
iii. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Edgardo Torres Design must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York, New York.
Waiver and Severability
No waiver of these Terms by Edgardo Torres Design shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Edgardo Torres Design to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy, and, to the extent applicable, the terms for any mobile application or software download, constitute the sole and entire agreement between you and Edgardo Torres Design with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and Services.
Miscellaneous
You may not assign any of your rights in these Terms, and any such attempt is void, but Edgardo Torres Design may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Edgardo Torres Design and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: edgardotorresdesign@gmail.com.