Terms & Conditions
Effective Date: November 13, 2024
Welcome to Holiday Porch Displays (“we,” “us,” or “our”). By accessing or using our website at https://www.holidayporchdisplays.com (the “Site”) or any of our products, services, or content (collectively, “Services”), you agree to comply with and be bound by these Terms & Conditions. These Terms & Conditions establish a legally binding agreement between you (“User” or “you”) and Holiday Porch Displays. If you do not accept these Terms & Conditions, please refrain from using the Site.
1. Scope of Services
Holiday Porch Displays offers customized holiday decor solutions, including:
• Portfolio of Work: The Site includes photos and descriptions of previous decor projects for reference and inspiration.
• Member Accounts: Access to member accounts, which may include exclusive features, order history, and design service options.
• Online Shopping: A selection of holiday decor items available for purchase through the Site.
• Custom Decor Service: A personalized decor service that allows Users to arrange for unique, holiday-themed decor designs for properties, subject to consultation and possible on-site installation.
2. Eligibility and User Responsibility
To use the Site, you must be at least 18 years old and legally capable of entering into a binding contract. If you do not meet these requirements, you may not use the Site. If you are a parent or legal guardian permitting a minor to use our Services, you agree to be responsible for the minor’s actions on the Site.
3. Account Registration, Security, and Conduct
• Registration: You may be required to create an account to access certain Site features. You agree to provide accurate and current information and to update it as necessary.
• Account Security: You are solely responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account. Notify us immediately of any suspected security breach. Holiday Porch Displays is not liable for any unauthorized use of your account.
• User Conduct: You agree to use the Site and Services only for lawful purposes. You shall not:
• Post or share any defamatory, misleading, obscene, or offensive content.
• Engage in fraudulent activities.
• Attempt to access or manipulate our Site’s backend systems.
• Use our Site for spamming, phishing, or unauthorized advertising.
4. Orders, Pricing, and Payments
• Product Availability and Pricing: All items listed on the Site are subject to availability. Prices are displayed in [Currency] and may change at our discretion without prior notice. We reserve the right to discontinue any product at any time.
• Order Acceptance: By placing an order, you submit an offer to purchase. We may accept or reject orders for any reason, including pricing errors, product availability, or suspected fraudulent activity.
• Payment Methods: We accept Visa, MasterCard, American Express, and COD (Cash on Delivery) for orders placed on the Site. By providing payment information, you confirm you are authorized to use the chosen payment method and that sufficient funds are available to complete the transaction.
• Sales Tax: Sales tax will be added to the total purchase price as required by law based on your delivery address.
• Refunds and Cancellations: Orders may be eligible for cancellation or refund based on our Refund Policy. Custom decor orders may include unique terms and cancellation fees due to the bespoke nature of the design and preparation process. Please review the Refund Policy for detailed information.
5. Custom Decor Service
• Consultation Process: Our Custom Decor Service begins with a consultation, where Users provide details about the property and desired decor. The User agrees to cooperate in providing any required information.
• Property Access and Permissions: If you request on-site decor installation, you authorize Holiday Porch Displays and its representatives to access your property for design and installation purposes. You are responsible for obtaining any necessary permissions, ensuring the site’s safety, and indemnifying us from claims or liabilities arising from property access.
• Design and Installation: While we strive to fulfill User requests accurately, the final decor may vary slightly due to property limitations or material availability. By using this Service, you acknowledge and accept any such variations.
• Photo Permissions: By commissioning our custom decor, you grant us permission to photograph the decor for promotional use on our Site and marketing materials unless you provide written notice to opt out.
6. Intellectual Property Rights
• Ownership of Site Content: All content on the Site, including text, images, videos, logos, graphics, and software, is the property of Holiday Porch Displays or its content suppliers. This content is protected under copyright, trademark, and other intellectual property laws.
• User’s Limited Right to Use: You may view, download, and print portions of the Site for personal, non-commercial use. Unauthorized reproduction, distribution, or modification of any Site content without express written consent is prohibited.
• User-Generated Content: By posting reviews, comments, or other content on the Site, you grant Holiday Porch Displays a perpetual, non-exclusive, royalty-free license to use, modify, and display your content. You are solely responsible for ensuring that any content you submit does not infringe upon any third-party rights or violate any laws.
7. Privacy Policy and Data Security
• Data Collection and Use: By using our Site, you consent to our collection, use, and disclosure of personal information as described in our Privacy Policy.
• Security of Information: We implement reasonable safeguards to protect User data. However, you acknowledge that no data transmission over the internet is completely secure. Holiday Porch Displays cannot guarantee the absolute security of your information and will not be held liable for unauthorized access to your data.
8. Links to Third-Party Websites
Our Site may contain links to external websites operated by third parties. Holiday Porch Displays has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party sites. Accessing these links is at your own risk.
9. Disclaimer of Warranties
• Site and Service Availability: The Site and Services are provided on an “as-is” and “as-available” basis. We do not guarantee the Site will be uninterrupted, secure, or error-free.
• No Warranties of Fitness or Merchantability: To the fullest extent allowed by law, Holiday Porch Displays disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
• No Liability for Indirect Damages: Holiday Porch Displays, its affiliates, employees, or agents shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Site or Services.
• Aggregate Liability: Our total liability for any claims relating to your use of the Site or Services shall not exceed the amount paid by you to us for the specific Service or product.
• Assumption of Risk: By using our decor installation services, you agree to assume all risks associated with property access and decor placement, including any resulting loss, damage, or injury.
11. Indemnification
You agree to indemnify, defend, and hold harmless Holiday Porch Displays, its affiliates, employees, and agents from any claims, damages, liabilities, and expenses (including attorney fees) arising from your use of the Site, breach of these Terms & Conditions, or violation of any rights of third parties.
12. Termination of Access and Services
• Termination Rights: We reserve the right to terminate or restrict access to your account and the Site at our discretion, including for violation of these Terms & Conditions.
• Effect of Termination: Upon termination, your right to use the Site and Services will cease immediately. Sections such as Payment Obligations, Indemnification, and Limitation of Liability shall survive any termination.
13. Governing Law and Dispute Resolution
• Applicable Law: These Terms & Conditions are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
• Arbitration Clause: You agree that any dispute, claim, or controversy arising out of or relating to these Terms & Conditions or the use of the Site shall be resolved exclusively through binding arbitration in [City], Colorado. The arbitration will be conducted in English by an established arbitration provider.
• Arbitration Process: The arbitration will proceed under the rules of the selected provider. The decision rendered by the arbitrator(s) will be final, and judgment may be entered in any court of competent jurisdiction.
• Waiver of Jury Trial: You and Holiday Porch Displays waive the right to a jury trial for any disputes related to these Terms & Conditions.
• Class Action Waiver: You agree to pursue any claims solely on an individual basis and waive the right to participate in any class or representative action.
14. Amendments to Terms & Conditions
We may amend these Terms & Conditions at any time by posting revised terms on the Site. Any changes become effective upon posting. By continuing to use the Site, you agree to be bound by the updated Terms & Conditions.
15. Contact Information
For any questions or concerns regarding these Terms & Conditions, please contact us at:
[Holiday Porch Displays Contact Information]
Last Updated: November 13, 2024
This expanded version adds clarity and protection across various clauses, enhancing the document