Terms Of Use
Effective Date: November 13, 2024
Welcome to Holiday Porch Displays (“we,” “us,” or “our”). By accessing or using our website located at https://www.holidayporchdisplays.com (the “Site”) or any of our products, services, or content (collectively, “Services”), you agree to comply with these Terms of Use (“Terms”). These Terms create a legally binding agreement between you (“User” or “you”) and Holiday Porch Displays. If you do not agree to these Terms, please refrain from using the Site.
1. Services Overview
Holiday Porch Displays offers customized decor solutions for holiday displays on residential and commercial properties. Through our Site, Users can:
• View a portfolio of past work for inspiration and reference.
• Create and manage accounts for purchasing and accessing Service details.
• Purchase holiday decor products available for online ordering.
• Engage with our Custom Decor Service to arrange for unique designs for specific holiday needs.
2. Eligibility to Use the Site and Services
By using this Site, you represent that you are at least 18 years of age and legally capable of entering into a binding contract. If you do not meet these requirements, you may not use the Site. Minors may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Account Registration, Responsibilities, and Security
• Registration: To use certain features, you may need to register an account with accurate, current, and complete information. You are responsible for updating your information to ensure accuracy.
• Account Security: You are responsible for maintaining the confidentiality of your username and password. You agree to notify us immediately if you suspect unauthorized use or a security breach. Holiday Porch Displays is not liable for any loss or damage arising from unauthorized use of your account.
• Account Termination and Suspension: We reserve the right to suspend, terminate, or restrict access to any User’s account at our discretion if we determine there has been a violation of these Terms, fraudulent activity, or misuse of our Services.
4. Products, Pricing, and Payments
• Product Availability and Pricing: All products listed on the Site are subject to availability and may be modified or discontinued without prior notice. Prices are subject to change at our discretion.
• Order Acceptance: By placing an order, you offer to purchase the products listed. We reserve the right to accept or reject any order for reasons including, but not limited to, inaccuracies in product descriptions or pricing, insufficient stock, or suspicion of fraudulent intent.
• Payment Terms: All purchases require payment in full at the time of order. We accept [List Payment Methods]. You represent and warrant that you have the legal right to use the payment method chosen for each order.
• Refund and Cancellation Policy: Please refer to our Refund Policy for specific terms regarding cancellations, returns, and refunds. Custom decor orders may be subject to unique cancellation fees due to the bespoke nature of the work.
5. Custom Decor Design Services
• Service Process: Custom decor design requires detailed consultation, where Users provide necessary information, including property specifications. We may require on-site access to design and install decor elements. The User is responsible for obtaining any necessary permissions for property access and for ensuring the site is safe for our team.
• Property Use and Access Permissions: By engaging our custom services, you grant us the right to access your property as needed. You agree to indemnify and hold us harmless from any claims or liabilities arising from on-site access or decor installations.
• Photographic Rights: By using our Custom Decor Services, you grant us a non-exclusive, royalty-free license to use any photos taken of the completed decor on your property for marketing and promotional purposes unless you provide written notice requesting otherwise.
6. Intellectual Property Rights
• Ownership of Content: All content on the Site, including but not limited to images, text, videos, logos, graphics, and software, is the property of Holiday Porch Displays and protected by copyright, trademark, and other intellectual property laws.
• Use of Content: You may download and print Site content only for your personal, non-commercial use. Unauthorized reproduction, distribution, or display of Site content without our express written consent is prohibited.
• User-Generated Content: If you submit or post reviews, comments, or other content on the Site, you grant Holiday Porch Displays a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable license to use, modify, reproduce, display, and distribute your content. You are responsible for ensuring that any content you submit does not infringe on any third-party rights.
7. Privacy and Data Protection
• Information Collection and Use: We collect and use personal information in accordance with our Privacy Policy, which details the types of data collected, usage purposes, and data protection practices.
• Data Security: We take reasonable measures to secure personal information. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your data.
8. Third-Party Links
Our Site may contain links to third-party websites or services. Holiday Porch Displays has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. You acknowledge and agree that Holiday Porch Displays shall not be liable for any damages or losses related to your use of any third-party websites.
9. Disclaimer of Warranties
• Service Availability: The Site and Services are provided on an “as-is” and “as-available” basis. We do not guarantee that the Site or Services will be uninterrupted, secure, or error-free.
• No Warranties: To the fullest extent permitted by law, Holiday Porch Displays disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
• Indirect Damages: Holiday Porch Displays, its employees, or agents will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use or inability to use the Site or Services, even if we have been advised of the possibility of such damages.
• Maximum Liability: Our total liability to you in connection with any Service or product purchased through the Site shall not exceed the amount you paid for that Service or product.
• Assumption of Risk: You assume all risk associated with decor installations or property access, including any loss, damage, or injury resulting from our Services.
11. Indemnification
You agree to indemnify, defend, and hold harmless Holiday Porch Displays and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including attorney’s fees, arising from your use of the Site or Services, violation of these Terms, or infringement of any third-party rights.
12. Termination
• Termination Rights: We may terminate or suspend your access to the Site or Services at our sole discretion, without notice, if you violate these Terms.
• Effects of Termination: Upon termination, your right to access the Site and Services will cease. Any outstanding obligations, including payment obligations, will survive termination.
13. Governing Law and Dispute Resolution
• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
• Arbitration Clause: You agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or our Services shall be resolved exclusively through binding arbitration administered by an established arbitration provider in the State of Colorado. The arbitration shall take place in [City], Colorado, and shall be conducted in English.
• Arbitration Procedure: The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
• Waiver of Jury Trial: Both parties waive the right to a jury trial and agree that the arbitrator’s decision shall be final and binding.
• Class Action Waiver: You agree to resolve any dispute with Holiday Porch Displays on an individual basis and waive the right to participate in a class action, consolidated, or representative proceeding.
14. Amendments
We reserve the right to update or modify these Terms at any time. Any changes will be effective upon posting on the Site. By continuing to use the Site or Services, you agree to be bound by the modified Terms.
15. Contact Information
For questions regarding these Terms, please contact us at:
[Holiday Porch Displays Contact Information]
Last Updated: November 13, 2024
This version is set with today’s date and your website link. Let me know if further adjustments are needed!