TERMS AND CONDITIONS OF USE


By entering the Linden Blue eDesign website, you acknowledge that you have read these terms and conditions and agree to be bound by them. Lindsay Hair Interiors Inc., Linden Blue eDesign and each of their affiliates (collectively, “Linden Blue”, “we” and, with correlative meaning, “our”) reserve the right, at their discretion, to change, alter or otherwise modify these terms and conditions at any time, in whole or in part. By using our website after we have posted such modifications, you are agreeing to be bound by the terms and conditions, as modified. In addition, when you use or purchase any specific Linden Blue product or service, you may be subject to terms and conditions specifically applicable to such product or service (the “Specific Terms”). If these terms and conditions are inconsistent or conflict with the Specific Terms, the Specific Terms will control.

Nature and Scope of Services:
Linden Blue is an online, email-based decorating service. Unless otherwise provided in the terms of the design package that you purchase, you acknowledge and agree that all communications and services will be provided by us to you solely by electronic means. All design suggestions and advice provided by Linden Blue are provided to improve the aesthetic decor of your space and are not intended for construction.

Each client is responsible for the final design of their space, as well as for all furnishing and other product selections, including style, color, finish, fit and size, whether purchased through Linden Blue or otherwise. While Linden Blue may make design and product suggestions as part of the services that it provides, it assumes no responsibility for their final selection.

Payment:
Unless otherwise specified in writing, Linden Blue requires payment in full to initiate design services or to purchase any products from third party vendors on your behalf. On occasion, freight and delivery charges are not known until the end of the lead-time (usually with larger pieces of furniture or lighting). In these instances, final payment on transport charges will be due before the item is released for shipment. Prices of furnishings and other products are established by the applicable third party vendor and are subject to change.

Clients are responsible for all sales and use taxes, VAT, export or import taxes and duties and all other transactional taxes or levies (collectively, the “Taxes”) due with respect to the purchase of any products or services from or through Linden Blue. Client shall pay Linden Blue and any third party vendor or service provider any and all Taxes that Linden Blue or such third party vendor or service provider, as applicable, is required to collect but failure to collect such Taxes will not relieve the client’s obligation for such Taxes. It is the client’s responsibility to establish and document any applicable exemption from Taxes and, to the extent such Taxes are not collected by Linden Blue or the applicable third party service provider or vendor, to pay such Taxes to the appropriate authority.

Third Party Products and Services:
Any furnishings or other products that you purchase through Linden Blue are provided by third party vendors. We may also from time to time identify third party service providers for you. While we endeavor to work with businesses and individuals with reputations for providing high quality products and services, we are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals or any specific products or services they may provide. We are not responsible for delivery dates, scheduling matters, errors or omissions related to any furnishings, other products or services purchased by a client from a third party vendor or service provider. The client is solely responsible for all site measurements, and for ensuring that any furnishings or other products ordered through Linden Blue can be delivered to the client’s site and will fit through any entryways, hallways, elevators and up or down any stairways and around any other obstacles. Any purchases from third party vendors or service providers are the client’s sole responsibility, are at the client’s risk and are subject to any additional terms and conditions imposed by such vendor or service provider. Linden Blue is not responsible for the resolution of any dispute between a client and any third party vendor or service provider.

Unless otherwise specifically agreed by the applicable third party vendor, any furnishings and other products are provided “as is” and are not available for return or exchange, and all such sales are final. If any furnishing or other product that you purchase through Linden Blue from a third party vendor is received by you in damaged or defective condition, Linden Blue will work with you to attempt to secure repair or replacement of the furnishing or other product from the vendor, provided that you inform us of such damage or defect within 24 hours of receipt of the product. Ultimately, though, the third party vendor is solely responsible for repairing or replacing any damaged or defective product.

Under no circumstances will Linden Blue be responsible for product delivery, repairs, replacements or returns for furnishings or other products ordered independently by a client. Nor is Linden Blue responsible for any information, pricing, work product, completion dates, errors or omissions of any contractor, subcontractor or other service provider hired by a client to fulfill decorating or design suggestions provided by Linden Blue.

Intellectual Property Rights:
All content included on the Linden Blue website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Linden Blue or its content suppliers and protected by US and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of Linden Blue and protected by US and international copyright laws.

In addition, all Linden Blue graphics, logos, icons and service names are trademarks or trade dress of Linden Blue in the United States or other countries. Linden Blue’s trademarks and trade dress may not be used in connection with any product or service that is not Linden Blue’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Linden Blue. All other trademarks or trade dress not owned by Linden Blue that appear on this site are the property of their respective owners.

Linden Blue has the right to photograph and publicize any design work at any stage, in whole or in part. All work product, decorative schemes and interior design development created by Linden Blue is the sole property of Linden Blue and may not be advertised, photographed or publicized in any manner without the prior written consent of Linden Blue.

Links; No Implied Endorsements:
This website may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

Disclaimer of Warranties and Limitation of Liability:
UNLESS OTHERWISE SPECIFIED IN WRITING, THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND LINDEN BLUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LINDEN BLUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LINDEN BLUE DOES NOT WARRANT THAT THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR ANY ELECTRONIC COMMUNICATIONS FROM LINDEN BLUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS OTHERWISE SPECIFIED IN WRITING, LINDEN BLUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Applicable Law:
You agree that your use of this website, these terms and conditions and any dispute of any sort that may arise between you and Linden Blue will be governed by the laws of the State of New York. You and Linden Blue agree that any disputes shall be brought exclusively in courts located within the county of New York, New York, and you and Linden Blue agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.

Miscellaneous:
If at any time any of these terms or conditions are deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.