Last updated: February 27, 2025
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE OR
OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND
BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
This Terms of Use Agreement (“Agreement”) is a legally binding
agreement between you and SelectBlinds, LLC and any of its parents,
subsidiaries, affiliates, related entities, agents, or partners
(collectively, “Company,” “we,” “us,” or “our”)
and governs your access to and use of our websites, mobile, and other online
services or applications that link to this Agreement and the features,
content, programs, and services, including offerings we make available
through each such website (collectively, the “Site”). By continuing
to access and use the Site, you agree that such use is legally sufficient
consideration under this Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR
RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE
DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR
LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY
NOT USE THE SITE.
CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS
AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN
EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT
YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
If you are an individual accessing or using the Site on behalf of, or for
the benefit of, any corporation, partnership, or other legal entity with
which you are associated (“Organization”), then you are agreeing to
this Agreement on behalf of yourself and such Organization, and you
represent and warrant that you have the legal authority to bind such
Organization to this Agreement. References to “you” and “your” in this
Agreement will refer to both the individual using the Site and to any such
Organization.
We are committed to ensuring that our website works for all of our customers, including individuals with disabilities . If you want to provide feedback about the accessibility of this website or you want discuss accommodations to help you use this website, please contact [email protected] or 888-257-1840.
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read the entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this Highlights section and the terms of the full Agreement, the terms of the full Agreement control.
(a) Shopping on Our Site
Read more about our eCommerce policies.
(b) Our Rights
Read more about our rights and control of the Site and Content.
(c) Your Use of Our Site
Read more about what you can and cannot do on the Site.
(d) Your Content
Read more about User Content.
(e) International Users
Read more about our International Terms.
(f) Important Things to Know
Read the complete Agreement below.
Our Site may allow you to purchase products directly on it. Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through the Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
Individual product listings may reflect a MSRP (Manufacturer’s Suggested
Retail Price) dollar amount. This refers to the suggested retail price as
determined by the manufacturers of products sold by us. The MSRP may not be
the prevailing market price or regular retail price, and products may not have
been sold or offered by us at the MSRP.
We may make improvements and/or changes in products or services described on
the Site, add new features, or terminate the Site at any time without notice.
We also: (i) reserve the right to change the goods and services advertised or
offered for sale through the Site, the prices or specifications of such goods
and services, and any promotional offers at any time without any notice or
liability to you or any other person; (ii) cannot guarantee that goods or
services advertised or offered for sale on the Site will be available when
ordered or thereafter; (iii) reserve the right to limit quantities sold or
made available for sale; (iv) do not warrant that information on the Site
(including without limitation product descriptions, colors or photographs) is
accurate, complete, reliable, current or error-free; and (v) reserve the right
to modify, cancel, terminate, or not process orders (including accepted
orders) where the price or other material information on the Site is
inaccurate, where we have insufficient quantities to fulfill an order, or for
any other reason in our sole discretion. If we do not process an order for
such reason, we will either not charge you or will apply credit to the payment
type used in the order. Some jurisdictions may not allow the exclusions and
disclaimers of certain implied warranties, so some of the provisions of this
section may not apply to you. Unless otherwise indicated (or if the Site has a
non-US domain), products sold on the Site are intended for end use in the
United States and are not labeled or intended for international distribution.
Order Changes: Saving an order in your Account and adding
products to your shopping cart do not guarantee the price or availability of
any product. For orders placed with both
standard production time (i.e., 2 to 3 business days) and
standard shipping, we allow customers a 24-hour review period after
such orders are placed before sending the orders to our production facility.
This gives you time to correct any “oops!” or make any last-minute changes to
your order. Changes within the standard 24-hour review period can be submitted
by email via our How to Make Changes to an Order or Contact pages. You can
also call our Customer Care Team at 888-257-1840 to adjust your order.
Changes to orders cannot be made after the expiration of the 24-hour review
period.
If you wish to bypass the 24-hour review period and have your order sent
directly into production, click the “Bypass Review” button when you receive
your order confirmation email. If you choose “Bypass Review,” no changes can
be made to your order.
Orders requesting expedited shipping cannot be changed after they are
placed notwithstanding any review period.
Phone Orders: All phone order customers must verify their orders
on the order confirmation emailed to them after checkout. Failure to do so
will void our Satisfaction Guarantee. We strongly suggest that you review your
email confirmation after every order. If you do not receive an email
confirmation for any reason such as an incorrectly entered email address, it
is your responsibility to contact us to obtain the email confirmation and
confirm your order.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
The only way to be sure you’re ordering the exact color you want is to order
samples first. Product colors are reproduced and represented on the Site to
the best of our capabilities; however, different resolutions on different
monitors and screens can dramatically affect the color you see. This applies
to both fabric and wood products. (Please note that due to the variances in a
wood’s natural color, grain, etc., we cannot ensure the exact color of stained
wood blinds.)
Because they may come from different dye lots, sample colors may also vary
from the color of the blinds you receive. To help ensure the finished product
comes from the same dye lot and matches the color you sampled, we recommend
ordering products within thirty (30) days of sampling. You may reorder samples
if more than thirty (30) days has passed between ordering an initial sample
and before you place your order. If ordering multiple blinds, you should
sample first and then order all of them at the same time to help ensure they
come from the same dye lot and match one another.
You may order up to fifteen (15) free samples at one time. Samples are shipped
to you free the next business day via standard ground (usually delivered in
3-5 business days). Samples may be expedited for $10.00, and will be delivered
in two business days. Cutoff for sample orders sent with expedited delivery is
12 p.m. Mountain Standard Time, Monday through Friday. Expedited sample orders
placed after 12 p.m. Mountain Standard Time on Friday will ship the following
business day. No sample orders will be shipped on weekends.
We will honor the applicable promotional offer available at the time of your
sample order and apply it to any product order you place within thirty (30)
days from a sample order of the same color. To lock in a purchase price at the
time you order samples, build your shopping cart, then call our Customer Care
Team at the information provided below to have the applicable pricing applied
to your cart at checkout. This pricing offer applies only to products you
order within thirty (30) days of your sample order and
will not automatically be applied without a request from you through
our Customer Care Team.
See our guide to ordering and using free product samples for more tips and
information on sampling.
SelectBlinds' FIT Protection gives
you the confidence to measure your own custom window coverings without
worrying about making a mistake. Our FIT Protection can be purchased at the
time you order for $9.99 per window covering. Then, if you do make a measuring
mistake, you simply claim your FIT Protection, and we will remake the covered
product to your corrected size specifications and ship it to you at no
additional cost! If there is a difference in price between the original
product and the remake, you may incur an additional charge in the amount of
the difference in price. Our FIT Protection can be purchased to cover ANY
custom window covering that you order from us. No exceptions!
FIT Protection applies only to remakes of a product due to customer error in
measurements (i.e., incorrect/wrong size window measurements provided by the
customer on the original order) resulting in an incorrectly sized product. FIT
Protection is limited to product remakes for the customer's personal residence
only, and no cash refunds are available through FIT Protection.
Product remakes will be made with customer's corrected measurements applied to
the original product ordered only. Product(s) for which FIT Protection has
been purchased, will be remade in the same style, color, features, etc., as
the originally-ordered product.
With FIT Protection, you are limited to one (1) remake per covered product
from your original order. You can, however, purchase FIT Protection for each
separate product unit in your original order!
Any mis-measure remakes beyond what is covered by the FIT Protection will be
made at customer cost for the full product price, including any discounts that
may apply. Expedited shipping is not available.
To request a remake under the FIT Protection, call us at
888-257-1840. All remake requests using our FIT
Protection. You must provide SelectBlinds with photos or videos showing how
the original product does not fit your window when requesting a FIT Protection
remake.
Additional exclusions: Any product ordered outside recommended
product sizes per specifications on our product pages is not covered by the
FIT Protection and you proceed at your own risk. Bulk orders of 25 or more are
not covered under the FIT Protection. FIT Protection is only eligible for
products installed in the customer's personal residence, and is not applicable
for a trade, business, or reseller account.
We offer a 90 Day Satisfaction Guarantee. As all of our blinds and shades are
custom-made, we cannot offer a refund or exchange (remake) unless a product is
defective. If there is a defect in the product’s materials or workmanship, the
product doesn’t work properly, or was product made in the wrong size and
doesn’t fit due to an error made at our production facility, you can return it
and we will replace or repair the same product in the same size you ordered at
no cost to you for up to ninety (90) days from the date of purchase.
Should you return a product for any other reason (e.g., you don’t like the
color, you need a different mount or lift style, changed your mind about a
feature, etc.), you can request a remake of the same product in the same size
you originally ordered at the same price you paid (including any discounts),
plus an additional 10% off. To initiate a return, please contact our Customer
Care Team at 888-257-1840.
Returns must be approved by us in writing. As our products are custom,
we encourage you to contact our design consultants before placing your order
and to try ordering one product to start before ordering for the rest of your
windows.
Please see our Returns page for more details.
Free standard shipping (i.e., UPS ground or similar) is included if shipping
to an address in the continental 48 United States for all original orders.
Express or expedited shipping, if available, may be purchased at an additional
cost. Shipping charges may apply for shipping to addresses outside the
continental 48 United States. Shipping charges will also apply for remakes
under the F.I.T. Guarantee and for samples sent with 2-day expedited
shipping.
Unless otherwise indicated, we are only able to ship to one shipping address
per order. If you’d like to ship to multiple addresses, please place separate
orders for each unique address. Most products may be shipped to a P.O. Box or
Military APO/FPO addresses, but some restrictions apply. Please make sure your
address is correct. Once in transit, we cannot redirect shipments to a new or
different address. If you order is returned for an invalid or incorrect
address your order will be returned to stock and the order refunded less any
shipping charges.
All damaged or lost shipments must be reported to our Customer Care Team
within seven (7) business days of tracking number order delivery. We reserve
the right to request documentation showing the defects/damage of the delivery.
We will, at our discretion, either repair or replace the exact same product at
no charge to you. We are not liable for any lost shipments when USPS is
selected as the shipping method.
Please note that some products will be shipped from outside the United States
and are subject to processing through Customs. This may result in additional
shipping time beyond the stated standard delivery time.
If you have questions regarding shipping, please Contact Us.
The Site creates or advertises promo codes, discounts, coupon codes, and
offers that provide a benefit to you when entered upon checkout. These cannot
be applied to prior or completed transactions; they must be provided at the
time of purchase. Only consumers can use promo codes, they cannot be used by
resellers, wholesalers, practitioners, or the like. You may have no right to
discounts, coupons, or offers that are expired or discontinued even if they
remain visible on the Site.
Delivery by Christmas or It's Free: Excludes out-of-stock and
back-ordered items. Please note: It is possible for an item to become
back-ordered or out of stock after an order has been placed. We will notify
you within two (2) business days from the date of your order if an item does
become back ordered or is out of stock.
If a product under this
guarantee has to be remade for any reason, we will make every effort to
deliver the remake by Christmas. If we cannot, however, refunds cannot be
given. Shipping includes the continental U.S. only. Second-day air delivery is
not available for all items.
Please note: Delivery by Christmas
does not include unforeseen events, inclement weather, or other acts of God
that may prevent UPS or FedEx from delivering on time.
Attempted
delivery by Christmas constitutes delivery. Your shipment will be confirmed by
the shipper. Please note that if the shipper confirms delivery attempts by the
delivery date, refunds cannot be given. To see which products qualify, click
here.
Guaranteed delivery by Christmas or It’s Free applies to orders placed for any
qualifying products placed on site (www.selectblinds.com) on
or before December 4, 2024. Delivery (shipped regular ground) is guaranteed by
Tuesday, December 24th or product(s) is free. Delivery by Christmas for orders
placed between Wednesday, December 4th and Friday, December 6th is also
guaranteed by Tuesday, December 24th with 2-day expedited shipping only.
Customer is responsible for expedited shipping charges. No refunds will be
issued on orders placed on or after December 6th if not delivered by December
24th.
Buy 1 Get 1 Free: Certain products may qualify for a “Buy 1 Get
1 Free” promotion. This means that when you make a qualified purchase of one
(1) blind/shade from the eligible products available and in stock, you receive
a second eligible blind/shade of equal or lesser value for free
if available, in stock, and if selected during the same transaction.
The savings from the second free product will show in your shopping cart. If
some or all products purchased in this transaction are returned, the free
blind/shade will have no refund or credit value. This promotion does not apply
to prior purchases and no adjustments on previous orders are permitted. This
“Buy 1 Get 1 Free” promotion is limited to one order per household and will be
applied to the lowest priced product(s) in your cart.
Buy 1 Get 1 50% Off: Certain products may qualify for a “Buy 1
Get 1 50% Off” promotion. This means that when you make a qualified purchase
of one (1) blind/shade from the eligible products available and in stock, you
receive a second blind/shade of equal or lesser value for 50% off
if available, in stock, and if selected in the same transaction. The
savings from the second product will show in your shopping cart. If some or
all products purchased in this transaction are returned, the value of the 50%
off blind/shade will not be refunded or credited back. This promotion does not
apply to prior purchases and no adjustments on previous orders are permitted.
This “Buy 1 Get 1 50% Off” promotion is limited to one order per household and
will be applied to the lowest priced product in your cart.
Buy 2 Get 1 Free: Certain products may qualify for a “Buy 2 Get
1 Free” promotion. This means that when you make a qualified purchase of any
two (2) or more blinds/shades from the eligible products available and in
stock, you receive a third blind/shade of equal or lesser value for free
if available, in stock, and if selected in the same transaction. The
savings from the free product will show in your shopping cart. This promotion
does not apply to prior purchases and no adjustments on previous orders are
permitted. This “Buy 2 Get 1 Free” promotion is limited to one order per
household and will be applied to the lowest priced product in your cart. If
some or all products purchased in this transaction are returned, the value of
the free blind/shade will not be refunded or credited back.
Buy 2 Get 1 50% Off: Certain products may qualify for a “Buy 2 Get 1 50% Off” promotion. This
means that when you make a qualified purchase of two (2) blinds/shades from
the eligible products available and in stock, you receive a third blind/shade
of equal or lesser value for 50% off if available, in stock, and if
selected in the same transaction. The savings from the 50% off product will
show in your shopping cart. This promotion does not apply to prior purchases
and no adjustments on previous orders are permitted. This “Buy 2 Get 1 50%
Off” promotion is limited to one order per household and will be applied to
the lowest priced product in your cart. If some or all products purchased in
this transaction are returned, the value of the 50% off blind/shade will not
be refunded or credited back.
Tier Promotions: Tier promotions are based on a minimum purchase. For example, “Extra 20% Off
$2,000+, OR 15% Off $750+, OR 10% Off Any Order.” Where minimum purchase
amounts are specified as part of the promotional offer, this means that your
shopping cart subtotal at checkout must be equal to or greater than the
specified minimum purchase amount. Qualification for specified minimum
purchase promotions is not based on your post-discount purchase price.
Multiple Promotions: Where multiple promotions may apply to a product (i.e., 20% Off Sitewide, plus Extra 10% Off Faux Wood Blinds), such discounts are applied sequentially, with the first promotion applied first, and the second promotion applied to the post-discount price of the first promotion. Using the above example, if a product has an MSRP of $100, the 20% Off is applied first, resulting in a discounted price of $80. Then the Extra 10% off is applied to the discounted price of $80, resulting in a final discounted price of $72.
We offer a 3-Year Limited Warranty for our products at no cost. 5-Year limited
and unlimited warranties are also available at an additional cost for our
products. These are the only warranties we provide to our products. Visit our
warranty page for more information. Discounts, coupons, or promo codes cannot
be applied to the cost of a warranty. The warranty applicable to your purchase
supersedes any and all stated warranties, whether written or oral. In no event
shall we be liable for indirect, special, incidental, exemplary, punitive, or
consequential damages that may result from any defect in product or breach of
this warranty. We reserve the right to inspect any part or component prior to
replacements. In order for repair or replacement to be made, a Bill of Sale,
canceled check, or other payment record verifying the original purchase date
must be presented to us and verified.
NOTWITHSTANDING THE FOREGOING TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT RELATED TO OUR PRODUCTS. ALL PRODUCTS ARE PROVIDED BY
COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, COMPANY LIMITS THE
DURATION AND REMEDIES OF SUCH WARRANTIES TO 90-DAYS AS SET FORTH IN THE
90-DAY SATISFACTION GUARANTEE SECTION ABOVE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE
LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
All names, logos, text, designs, graphics, trade dress, characters,
interfaces, code, software, images, sounds, videos, photographs and other
content appearing in or on the Site (“Content”) are protected
intellectual property of, or used with permission or under license by, our
Company. Such Content may be protected by copyright, trademark, patent or
other proprietary rights and laws. This includes the entire Content of the
Site, copyrighted and protected as a collective work. All intellectual
property rights associated with the Site, and related goodwill, are
proprietary to us or our licensors. You do not acquire any right, title, or
interest in any Content by accessing or using the Site. Any rights not
expressly granted herein are reserved. Except as set forth below, the use of
any Content available on the Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license
to access and use the Site and its Content for personal, informational, and
shopping purposes. No Content from the Site may be copied, reproduced,
republished, performed, displayed, downloaded, posted, transmitted, or
distributed in any way without written permission of the rights owner, except
that you may download or print one copy of specific Content or software made
available for your downloading or printing for your personal, non-commercial
home use, subject to your compliance with this Agreement and retain the same
solely for as long as you continue to be permitted to access the Site. To use
Content under such an exception, you must (i) keep any copyright, trademark,
or other proprietary notices intact; (ii) use such Content pursuant to any
licenses associated with such Content; (iii) not copy or post such Content on
any networked computer or broadcast it in any media; (iv) make no
modifications to any such Content; and (v) make no additional representations
or warranties relating to such Content. Except as otherwise expressly
authorized herein or in writing by us, you agree not to reproduce, modify,
rent, lease, perform, display, transmit, loan, sell, distribute, or create
derivative works based (in whole or in part) on all or any part of the Site or
the Content.
While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
You are responsible for any information, text, reviews, posts, images, videos,
or other materials or content that you post on the Site, upload to us, or
transmit through the Site (“User Content”). You agree, represent, and
warrant that any User Content you post on the Site or transmit through the
Site is truthful, accurate, not misleading and offered in good faith, and that
you have the right to transmit such User Content. You shall not upload, post,
or otherwise make available on or through the Site any User Content protected
by copyright, trademark, or other proprietary right of any third party without
the express written permission of the owner of such right(s). If you are
uploading a receipt, you represent and warrant that you have the right to
upload the receipt and understand that receipts may contain information about
your transaction. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, proprietary rights, or any other
harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER
USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU
EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how,
proposals, techniques, suggestions or other User Content to us, you agree
that: (i) we are free to use such User Content for any purpose; (ii) such User
Content will be deemed not to be confidential or proprietary; (iii) we may
have something similar already under consideration or in development; and (iv)
you are not entitled to any compensation or reimbursement of any kind from us
under any circumstances unless otherwise expressly agreed in writing by us. Be
aware that we have no obligation to keep User Content confidential unless
explicitly stated.
User Content License: By submitting User Content to us directly
or indirectly (including through any use of third-party social media platforms
directed at us), you grant to us (or warrant that the owner of such
information and material has expressly granted to us) a royalty-free,
perpetual, sublicensable, irrevocable, and unrestricted right and license: (i)
to use, reproduce, display, modify, adapt, publish, perform, translate,
transmit, and distribute or otherwise make available to others such User
Content (in whole or in part and for any purpose) worldwide; (ii) to
incorporate such User Content in other works in any form, media, product,
service, or technology now known or hereafter developed for any purpose,
including sale, manufacture, or advertising (and to exercise all intellectual
property rights associated with such products or other works); and (iii) to
use your name, screen name, location, photograph, avatar, image, voice,
likeness, and biographical information provided in connection with the User
Content in any and all media and for advertising or promotional purposes. You
also hereby grant each user of the Site a non-exclusive license to access your
User Content through the Site, and to tag, rate, review, comment on, use,
reproduce, distribute, display, and perform such User Content as permitted
through the functionality of the Site and under this Agreement. Additionally,
you irrevocably waive any “moral rights” or other rights with respect to
attribution of authorship or integrity of your User Content that you may have
under any applicable law or legal theory. Notwithstanding the foregoing,
please note that any personally identifiable information you submit to us
through our “Contact Us” forms, product order pages, job application portals,
or other forms that are intended to be confidential will be handled in
accordance with our Privacy Policy and will not be publicly disclosed, except
as described in our Privacy Policy or otherwise approved by you.
We may host message boards, user-generated content, promotions, reviews,
blogs, games, and other interactive features or services through which users
can post or upload User Content or otherwise interact with the Site or
something on it (each, a “Forum”). We do not endorse User Content
posted in Forums, cannot guarantee the accuracy or authenticity of such User
Content, and are acting only as a passive conduit for such User Content. User
Content may include suggestions for uses of our products that have not been
evaluated or approved by us; we do not recommend such uses. You should never
use our products in any manner other than as is described on its packaging. WE
RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR
ANY REASON.
Forums are Public: You acknowledge and agree that Forums are
public spaces and that your participation in such Forums creates no
expectation of privacy. Further, you acknowledge that any User Content you
communicate in Forums may be seen and used by others. You understand that our
staff, outside contributors, or other users connected with us may participate
in Forums or other aspects of the Site and may employ anonymous user names
when doing so. Any user failing to comply with this Agreement may be expelled
from and refused continued access to Forums in the future. However, we are not
responsible for User Content that you or others choose to communicate in
Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO
MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE
IN A FORUM OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN
RISK.
Our Rights: You acknowledge and agree that we reserve the right
(but have no obligation) to do one or all of the following, at our sole
discretion: (i) evaluate User Content before allowing it to be posted on the
Site or any Forum; (ii) monitor User Content and Forums; (iii) alter, remove,
reject, or refuse to post or allow to be posted, without notice to you, any
User Content, for any reason or for no reason whatsoever; provided, however,
that we shall have no obligation or liability to you for failure to do so or
for doing so in any particular manner; and/or (iv) disclose any User Content,
and the circumstances surrounding its transmission, to any third party in
order to operate a Site, to protect us, our Site visitors or others, to comply
with legal obligations or governmental requests, to enforce this Agreement, or
for any other reason or purpose we deem appropriate. If you see User Content
on our Site that you believe violates this Agreement, please Contact Us.
Sharing Content: The Site may also allow you to make
recommendations or send Content to others, for example through an “email this”
feature that will send content to the email address you provide. Only provide
contact information for individuals who have told you they want to receive the
Content. By providing someone’s contact information, you represent and warrant
that they have confirmed to you that they want to receive the Content.
The Site may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative. You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may not be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE
DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS
THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
We offer our customers mobile alerts regarding sales, promotional events, new
product releases, loyalty program alerts, cart reminders, and order and
shipping alerts by SMS message (each a “Text Message Program”). By
participating in a Text Message Program, you acknowledge your personal
information is subject to our
Privacy Policy.
Signing Up and Opting In to a Text Message Program
Enrollment in a Text Message Program requires you to provide your mobile phone
number and to agree to this Agreement. You may not enroll if you are under 18
years old (or the applicable age of majority in your home state) or if you do
not agree to the terms of this Agreement. We reserve the right to stop
offering a Text Message Program and/or terminate your participation in a Text
Message Program at any time with or without notice.
By opting into a Text Message Program, you:
While you consent to receive messages sent using automated technology, this
Agreement shall not be interpreted to suggest or imply that we send any or all
of our text messages using an automatic telephone dialing system (or other
automated technology, as defined under applicable laws).
Content You May Receive
Once you opt-in to a Text Message Program, your message frequency may vary.
You may receive alerts about:
Opting Out and Seeking Assistance
You may opt out of receiving text messages from us at any time by texting
“STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to
87723 or to any of the text messages you have received from us. For a Text
Message Program operated through a different number, text STOP to that number
to opt out. Your opt-out request may generate either a confirmation text or a
text request to clarify the Text Message Program to which it applies (if you
have subscribed to more than one). To complete your opt-out, please provide
the requested clarification. You acknowledge that the text message platform
may not recognize and respond to unsubscribe requests that do not include the
“STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword
commands and agree that we and our service providers will have no liability
for failing to honor such texts that do not contain such keyword commands. You
understand and agree that the foregoing options are the only reasonable
methods of opting out. You also understand and agree that any other method of
opting out, including, but not limited to, texting words other than those set
forth above or verbally requesting one of our employees to remove you from a
Text Message Program list, is not a reasonable means of opting out. If you
unsubscribe from one of our Text Message Programs, you may continue to receive
text messages from us through any other programs you have joined until you
separately unsubscribe from those programs. This Agreement will still apply if
you withdraw the consent mentioned above or opt out of a Text Message
Program.
If you need assistance at any time, or you forget what keywords are supported,
just text “HELP” to the number sending the text message you received or
contact SelectBlinds' Customer Care Team.
Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with
your wireless carrier or contact your wireless carrier to determine your
phone's pricing plan and the charges for sending and receiving text messages.
You acknowledge that you are responsible for any message, data or other
charges incurred (usage, subscription, etc.) as a result of using a Text
Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available
in all areas at all times and may not continue to work in the event of
product, software, coverage, or other changes made by your wireless carrier.
We will not be liable for any delays or failures in the receipt of any mobile
messages connected with a Text Message Program.
Supported Carriers
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin
Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire,
nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program
may not be available on all wireless carriers. We may add or remove any
wireless carrier from a Text Message Program at any time without notice. We
and mobile carriers are not responsible for any undue delays, failure of
delivery, or errors in messages.
Changing Your Phone Number
If you change, forfeit, or deactivate the phone number you provided to us for
a Text Message Program, you agree to notify us immediately of such change or
to unsubscribe from the Text Message Program prior to changing, forfeiting, or
deactivating the phone number. Failure to do so constitutes a material breach
of this Agreement. To do so or find out more information on our text message
marketing programs, Contact Us. Our applies to text message marketing
programs.
In general, you are not obligated to register for an account in order to
access the Site. However, certain sections and features of the Site are
available only to users (“Registered Users”) who have registered for an
account (“Account”). We may reject, and you may not use, a user ID (or
e-mail address) for any reason in our sole discretion. For example, we may
reject a user ID (or e-mail address) that is already being used by someone
else; that may be construed as impersonating another person; that belongs to
another person; that violates the intellectual property or other rights of any
person; or that is offensive. You may only have one active Account at any
given time, and you may not allow other people to use your Account to access
the Site.
If you are a Registered User, we expect you to accurately maintain and update
any information about yourself that you have provided to us. You agree that
you are responsible for all activities that occur under your Account, and for
maintaining the confidentiality of your password and restricting access to
your computer so others may not access the Site in violation of this
Agreement. In addition, you agree to sign out from your Account at the end of
each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User
username, log-in ID, password or any other breach of security that you become
aware of involving or relating to the Site by contacting us as soon as
possible. We reserve the right to take any and all actions we deem necessary
or reasonable to maintain the security of the Site and your Account, including
without limitation, terminating your Account, changing your password, or
requesting information to authorize transactions on your Account. WE
EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM
YOUR FAILURE TO COMPLY WITH THIS SECTION.
The Site may contain expert opinions. Information on the Site identified as
expert opinion, or accessed from the Site by a hyperlink, represents the
opinions of those respective experts, which are not necessarily those of
Company.
The Site may contain blogs with information about how to use a product or
statements about a product’s effectiveness. Some of these statements are not
written by us and do not represent our opinion. Other statements may be
written by us but are not a representation or warranty about a product and
should not be relied upon as such.
Similarly, the Site may present you with information on events, charitable
causes, and the like. This is presented for informational purposes only and
should not be considered our endorsement of same.
The Site may allow you to leave product reviews, opinions, or testimonials,
all of which is User Content. If you leave a review on another website, we may
(but are not required to) reach out with a separate agreement to further
define our rights in the User Content.
Descriptions and graphic representations of products on the Site are for
informational purposes only and may not completely reflect the current product
or its packaging. We reserve the right to change product descriptions at any
time, and we are not responsible for variations between a product description
and the actual product. Technological issues, such as your device settings,
may alter how a product appears on the Site.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY
TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON THE SITE TO THE MAXIMUM
EXTENT ALLOWED BY LAW.
Any information, statements, opinions, or other information provided by third
parties and made available on the Site are those of the respective author(s)
and not us. We do not guarantee the validity, accuracy, completeness, or
reliability of any opinion, advice, service, offer, statement or other
third-party content on the Site.
We may provide on the Site, solely as a convenience to users, links to
websites, social media pages, mobile applications, or other services operated
by other entities. If you click these links, you will leave the Site. If you
decide to visit any external link, you do so at your own risk, and it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements. We do not make any warranty or representation
regarding, or endorse or otherwise sponsor, any linked websites, services, or
the information appearing thereon or any of the products or services described
thereon. Links do not imply that we are legally authorized to use any
trademark, trade name, logo, or copyright symbol displayed in or accessible
through the links; or that any linked website or service is authorized to use
any of our trademarks, logos or copyright symbols.
We may maintain a presence on and link to social media websites, including
Facebook, LinkedIn, Houzz, Twitter, YouTube, Pinterest, Instagram, and others
(collectively, “Social Media Pages”), to provide a place for people to
learn more about us and our products and to share experiences with our
products. When you visit these Social Media Pages, you are no longer on the
Site, but rather a website operated by a third party. All comments, visuals,
and other materials posted by visitors to our Social Media Pages do not
necessarily reflect our opinions, values, or ideas. All visitors to our Social
Media Pages must comply with the respective Social Media Pages’ terms of
use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SITE AND
RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION,
DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH
THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS
OF USE APPLICABLE TO SUCH SITE AND RESOURCES.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
Designated Agent: [INSERT]
Email: [INSERT]
Address: [INSERT]
Phone: [INSERT]
To notify the provider of the allegedly infringing material to which we have
removed or disabled access, we may forward a copy of your infringement notice,
including your name and email address to the provider of the allegedly
infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat
infringers. Knowingly misrepresenting in a notification that material is
infringing can subject you to damages, including costs and attorneys’ fees,
incurred by us or the alleged infringer. If you receive an infringement
notification from us, you may file a counter notification pursuant with our
Designated Agent pursuant to the DMCA. To file a counter notification, please
provide our Designated Agent with the following information:
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement - there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Site. Your continued use of the Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
This Agreement applies exclusively to your access to, and use of, the Site and
does not alter in any way the terms or conditions of any other agreement you
may have with us for products, services, programs or otherwise. Additional
terms, conditions, and/or policies may apply to use of specific portions of
the Site and to the purchase of certain merchandise or services and are
included as part of this Agreement, whether they reference this Agreement or
not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
Other policies and agreements are typically found by navigating the Site,
typically by checking website headers and footers and by reviewing hyperlinked
terms at the point of sale.
Any sweepstakes, contests, coupons, rebates or other promotions made available
through the Site may be governed by specific rules that are separate from this
Agreement. By participating in any such promotion, you will become subject to
those rules, which may vary from the terms set forth herein and which, in
addition to describing such promotion, may have eligibility requirements, such
as certain age or geographic restrictions. It is your responsibility to read
the applicable rules to determine whether your participation, registration,
submission and/or entry are valid; you agree to read and abide by the
applicable rules.
We have also adopted a Privacy Policy that you should refer to in order to
fully understand how we use and collect information. To learn about our
privacy practices, please refer to our Privacy Policy.
Should we employ you, none of the materials provided on the Site constitute or
should be considered part or of an employment contract or an offer for
employment.
Termination
The Site and this Agreement are in effect until terminated by you or us. We
may terminate this Agreement by notifying you using any contact information we
have about you or by posting such termination on the Site, including in your
Account. You may terminate this Agreement by providing written notice of
termination, including your detailed contact information and any Account
information or other Site credentials, to us using the information in the
Contact Us section. In addition to any right or remedy that may be available
to us under applicable law, we may suspend, limit, or terminate all or a
portion of your access to the Site or any of their features at any time with
or without notice and with or without cause, including without limitation, if
we believe that you have violated or acted inconsistently with the letter or
spirit of this Agreement. We may be protected for liability from these actions
under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual
property rights, authorized use, user submitted content, disclaimers,
limitations of liability, indemnity, and disputes, as well as any other
provisions that by their nature should survive, shall survive any such
termination.
Upon any such termination, (i) you must destroy all Content obtained from the
Site and all copies thereof; (ii) you will immediately cease all use of and
access to the Site; (iii) we may delete or disable access to any of your User
Content at any time; (iv) and we may delete your Registered User Account at
any time. You agree that if your use of the Site is terminated pursuant to
this Agreement, you will not attempt to the Site under any name, real or
assumed, and further agree that if you violate this restriction after being
terminated, you will indemnify and hold us harmless from any and all liability
that we may incur therefore. Your use of the Site after termination will be a
violation of this Section, which survives any termination.
Even after the termination of this Agreement, your Account, or access to the
Site, any User Content you have posted or submitted may remain on the Site
indefinitely.
Children
The Site are not designed to appeal to minors, and we do not knowingly attempt
to solicit or receive any information from children under thirteen (13) years
of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE
SITE. If you are under the age of majority in your home state, which is
eighteen (18) years in most states, you may not establish an Account, and you
should use the Site only with the supervision of a parent or guardian who
agrees to be bound by this Agreement. Additionally, the Site or certain
sections of the Site, as well as promotions, programs and commerce we may
offer on the Site, may be explicitly limited to people over the age of
majority. If you are not old enough to access the Site or certain sections or
features of the Site, you should not attempt to do so.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SITE OR ANY OTHER
SITE LINKED TO OR FROM THE SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY
CONTENT THROUGH THE SITE IS DONE AT YOUR OWN RISK. THE SITE AND CONTENT ARE
PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES, AS
WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS
(COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE
INABILITY TO USE THE SITE, CONTENT, PRODUCTS, OR EXTERNAL LINKS, INCLUDING
BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER
VIRUS OR FAILURE, ACCIDENTS OR ILLNESS, OR PROPERTY LOSS.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES
ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS
OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR
LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE
ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY
LIMITATION ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend, and hold us and the Releasees and all of our
directors, officers, employees, agents, shareholders, successors, assigns, and
contractors harmless from and against any and all claims, damages, suits,
actions, liabilities, judgments, losses, costs (including without limitation
reasonable attorneys’ fees) , or other expenses that arise directly or
indirectly out of or from (i) your breach of any provision of this Agreement;
(ii) your activities in connection with the Site and our products; or (iii)
User Content or other information you provide to us through the Site. 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 with our defense of these claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding upon becoming
aware of it.
Consent to Communication
When you use the Site or send communications to us through the Site, you are
communicating with us electronically. You consent to receive electronically
any communications related to your use of the Site. We may communicate with
you by email or by posting notices on the Site. You agree that all agreements,
notices, disclosures and other communications that are provided to you
electronically satisfy any legal requirement that such communications be in
writing. All notices from us intended for receipt by you shall be deemed
delivered and effective when sent to the email address you provide to us.
Please note that by submitting User Content, creating an Account, or otherwise
providing us with your email address, postal address or phone number, you are
agreeing that we or our agents may contact you at that address or number in a
manner consistent with our Privacy Policy.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, it
shall be replaced in interpretation by a valid and enforceable term that most
closely aligns with the intent of the original provision. If that is not
possible, the provision shall be removed, and the rest of the Agreement will
be enforceable.
Assignment
We may assign this Agreement at any time with or without notice to you. You
may not assign or sublicense this Agreement or any of your rights or
obligations under this Agreement without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS
IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR
MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY
COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED
WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS
PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE
UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION
PROVISIONS WILL REMAIN IN FULL FORCE.
Agreement to Arbitrate
You and we agree that any dispute, claim, or controversy, including those
known or unknown that may be later discovered, arising out of or relating to
this Agreement, other agreements on the Site, or the Privacy Policy, or the
breach, termination, enforcement, interpretation, or validity thereof,
including the determination of the scope or applicability of this agreement to
arbitrate, shall be either determined by binding arbitration in Maricopa
County before one arbitrator or submitted to small claims court in Maricopa
County. If the arbitrator finds this location to be unreasonably burdensome to
you, a new location may be selected or arbitration may be conducted over the
phone, using video conferencing, or similar. You may be entitled to an
in-person hearing near your place of residence. Judgment on the award may be
entered in any court having jurisdiction. This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. Any arbitration arising out of or related to this
Agreement shall be conducted in accordance with the expedited procedures set
forth in the JAMS Comprehensive Arbitration Rules and Procedures as those
Rules exist on the effective date of this Agreement, including Rules 16.1 and
16.2 of those Rules.
No Class Actions
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE
ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE
UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further,
unless both you and we agree otherwise, the arbitrator may not consolidate
more than one person’s claims with your claims and may not otherwise preside
over any form of a representative or class proceeding. If this specific
provision is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim.
Seeking Arbitration
If you elect to seek arbitration or file a small claim court action, you must
first send to us, by certified mail, a written notice of your claim
(“Notice”). The Notice to us must be addressed to: 145 South 79th
Street, Suite 85, Chandler, AZ 85226. If we initiate arbitration, we will send
a written Notice to an email address you have previously provided to us, if
available. We may also use any other means to contact you, including a message
in your Account. A Notice, whether sent by you or by us, must (i) describe the
nature and basis of the claim or dispute; and (ii) set forth the specific
relief sought (“Demand”). If you and we do not reach an agreement to
resolve the claim within 30 days after the Notice is received, you or we may
commence an arbitration proceeding or file a claim in small claims court.
Arbitration forms can be downloaded from www.jamsadr.com. If you are required
to pay a filing fee, after we receive Notice that you have commenced
arbitration, we will promptly reimburse you for your payment of the filing
fee, unless your claim is for greater than US $10,000 or the arbitrator
determines the claims are frivolous, in which event you will be responsible
for filing fees.
Hearing
If your claim is for US $10,000 or less, we agree that you may choose whether
the arbitration will be conducted solely on the basis of documents submitted
to the arbitrator, through a telephonic or video hearing, or by an in-person
hearing as established by the JAMS Rules. If your claim exceeds US $10,000,
the right to a hearing will be determined by the JAMS Rules. In the event that
the arbitration will be conducted solely on the basis of submitted documents,
the arbitrator’s decision and award will be made and delivered within six (6)
months of the selection of the arbitrator, unless extended by the arbitrator.
Except as expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the JAMS Rules.
Award
In the event arbitration awards you damages of an amount at least US $100
greater than our last documented settlement offer, we will pay your awarded
damages or US $2,500, whichever is greater.
Injunctive Relief
Notwithstanding the foregoing, you and we both agree that you or we may sue in
court to enjoin infringement or other misuse of intellectual property rights
or in other scenarios where injunctive relief is appropriate. In the event a
court or arbitrator having jurisdiction finds any portion of this Agreement
unenforceable, that portion shall not be effective, and the remainder of the
Agreement shall remain effective. No waiver, express or implied, by either
party of any breach of or default under this Agreement will constitute a
continuing waiver of such breach or default or be deemed to be a waiver of any
preceding or subsequent breach or default.
Confidentiality
You and we shall maintain the confidential nature of the arbitration
proceeding and the Award, including the hearing, except as may be necessary to
prepare for or conduct the arbitration hearing on the merits, or except as may
be necessary in connection with a court application for a preliminary remedy,
a judicial challenge to an award or its enforcement, or unless otherwise
required by law or judicial decision.
Coordinated Proceedings
If 25 or more individuals initiate Notices of dispute with us raising similar
claims, and counsel for the individuals bringing the claims are the same or
are coordinated for these individuals (“Coordinated Claims”), the
claims shall proceed in arbitration in a coordinated proceeding. Counsel for
the individuals and our counsel for shall each select five cases to proceed
first in arbitration in a bellwether proceeding (“Test Cases”). The
remaining cases shall not be filed in arbitration until the first ten have
been resolved. If the parties are unable to resolve the remaining cases after
the conclusion of the Test Cases, each side may select another five cases to
proceed to arbitration for a second bellwether proceeding. This process may
continue until the parties have determined an objective methodology to make an
offer to resolve each and every outstanding claim. A court will have authority
to enforce this clause and, if necessary, to enjoin the mass filing of
arbitration demands against us. Individuals bringing Coordinated Claims shall
be responsible for up to US $250 of their filing fees or the maximum
permissible under the applicable arbitration rules. All applicable statutes of
limitations and defenses based upon the passage of time will be tolled while
the Coordinated Proceedings specified in this Section are pending. We will
take such action, if any, required to effectuate such tolling.
Governing Law and Rules
This Agreement and the rights of the parties hereunder shall be governed by
and construed in accordance with the laws of the State of Arizona, exclusive
of conflict or choice of law rules. You and we acknowledge that this Agreement
evidences a transaction involving interstate commerce. Notwithstanding the
provision in the preceding paragraph with respect to applicable substantive
law, any arbitration conducted pursuant to the terms of this Agreement shall
be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any
arbitration arising out of or related to this Agreement, the arbitrator is not
empowered to award punitive or exemplary damages, except where permitted by
statute, and the parties waive any right to recover any such damages. In any
arbitration arising out of or related to this Agreement, the arbitrator may
not award any incidental, indirect or consequential damages, including damages
for lost profits. The parties adopt and agree to implement the JAMS Optional
Arbitration Appeal Procedure (as it exists on the effective date of this
Agreement) with respect to any final award in an arbitration arising out of or
related to this Agreement.
Severance of Arbitration Agreement
If the clauses concerning and describing the procedures and obligations
related to Coordinated Claims and Test Case procedures is or becomes invalid
or unenforceable, then the remaining entire arbitration agreement and any
clauses concerning, relating to, specifying or otherwise describing the
arbitration agreement shall be severed from this Agreement. However, any duty
of confidentiality whether or not such duty is connected with arbitration
shall survive such severance.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under Disputes, Arbitration, and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to
the following consumer rights notice: California residents may reach the
Complaint Assistance Unit of the Division of Consumer Site of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento,
CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims,
both known and unknown that may be later discovered and expressly forgo and
waive all protections as by California Civil Code Section 1542, which states,
“[a] general release does not extend to claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.” By using
this Site, you agree that these California Civil Code Section 1542 protections
no longer apply to you.
Each claim or statement about the effectiveness of our products or comparing
the effectiveness of our products is expressly limited to the United States,
unless otherwise disclosed. The products referred to on the Site may only be
available in the territory to which the Site are directed and may not be
available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND
MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER
MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE SITE, ARE APPROPRIATE OR
AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE
SITE ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART
THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION
OTHER THAN THE UNITED STATES. If you choose to access the Site, you do so on
your own initiative and at your own risk, and you are responsible for
complying with all local statutes, orders, regulations, rules, and other laws.
You are also subject to United States export controls and are responsible for
any violations of such controls, including without limitation any United
States embargoes or other federal rules and regulations restricting
exports.
Despite the above, as a consumer you will benefit from any mandatory
provisions of the law of the country in which you are a resident. Nothing in
this Agreement affects your rights as a consumer to rely on such mandatory
provisions of local law. The local law of your jurisdiction may entitle you to
have a dispute relating to this Agreement heard by your local courts. This
Agreement does not limit any such rights that you have that apply. HOWEVER, BY
ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY
COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT
TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We
may limit the Site’ availability, in whole or in part, to any person,
geographic area or jurisdiction we choose, at any time and in our sole
discretion. This Agreement, as well as all other documents related to it,
including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les
documents connexes, soient rédigés en langue anglaise uniquement, y compris
tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where
applicable) we will, if required, send at least 30 days before the amendment
comes into force, a written notice drawn up clearly and legibly, setting out
the new clause only, or the amended clause and the clause as it read formerly,
the date of the coming into force of the amendment and the customer’s right to
refuse the amendment and rescind or, in the case of a contract involving
sequential performance, cancel the contract without cost, penalty or
cancellation indemnity by sending us a notice to that effect no later than 30
days after the amendment comes into force, if the amendment entails an
increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any
such provision is unenforceable under the laws of your Canadian province of
residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions
of certain purchases as required by local law. We will honor such cancellation
rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following
consumer rights notice: If you have a question or complaint regarding the
Site, please send an e-mail to [email protected]. You may also contact us
by writing to Attn: Legal Department, 145 South 79th Street, Suite 85,
Chandler, AZ 85226.
If you have questions about this Agreement, or if you have technical questions
about the operation of the Site, please contact us through this online form or
by writing us at Attn: Legal Department, 145 South 79th Street, Suite 85,
Chandler, AZ 85226.
If you have any questions or comments about our company, our products, your
order, or have other customer service needs, click here to contact our
Customer Care Team or call us at 888-257-1840.
You can also text us at 520-524-5856 for assistance. Wireless carrier charges may apply.
You can also contact us via mail at
SelectBlinds, LLC
Attention Customer Care Team
145 South 79th Street, Suite 85
Chandler, AZ 85226
