Terms of service

  1. ACCEPTANCE OF TERMS

    1. Your use of the Gardecors (“Gardecors & Home Decor”) website, including Gardecors.com and any affiliated sites (the “Site”), tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms of Use Agreement (this “TOU Agreement”). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.

  2. REVISIONS TO THE TOU AGREEMENT

    1. Net Health Shops, LLC may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the Gardecors home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement.

  3. INTELLECTUAL PROPERTY RIGHTS

    1. The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. Gardecors is the owner of the compilation of Content that is posted on the Site. However, Gardecors may not necessarily own each component of the compilation. The Content that Gardecors makes available on the Site may be owned by Gardecors, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
    2. Gardecors endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, Gardecors can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact info@gardecors.com.
    3. All software used on the Services is the property of Gardecors or our licensors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, Gardecors hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of Gardecors or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Gardecors.
    4. All rights not expressly granted herein are reserved.

  4. INTERACTIVE SITE FEATURES AND THIRD-PARTY CONTENT

    1. Gardecors may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If Gardecors provides such features, Gardecors encourages you to interact with its Site, subject to the following conditions:
    2. You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.
    3. By posting content, you are granting Gardecors (and those authorized by Gardecors) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant Gardecors (and those authorized by Gardecors) the right, but not the obligation, to use the name that you submit with such content.
    4. You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
    5. You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
    6. You will not insert your own or a third party’s advertising or promotional content into your posting.
    7. You understand that Gardecors may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
    8. You understand that Gardecors assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
    9. You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.
    10. You agree that you will not collect information about the users of the Site or use such information for any purpose.
    11. You are not under the age of 13.
    12. Gardecors reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in Gardecors’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. Gardecors is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.

  5. YOUR ACCOUNT

    1. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Gardecors may sell products made for children, but it is Gardecors’s intention to only sell such products to adults. It is Gardecors’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.

  6. Gardecors PRIVACY POLICY

    1. Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services.

  7. AUTOMATED QUERIES ARE NOT ALLOWED

    1. Automated queries may never be sent by you to our Services unless Gardecors has provided you with express written permission. “Sending automated queries” includes, among other things:
      1. using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
      2. “meta searching”; and
      3. performing “offline” searches on the Site.

  8. SERVICES MATERIALS

    1. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Gardecors is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. Gardecors may not control the Content posted or collected via the Services. Gardecors does not guarantee the accuracy, integrity, or quality of such Content, nor does Gardecors guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. Gardecors is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to Gardecors to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.

    2. You agree to:

      1. only Use (or attempt to Use) the Services through interfaces provided by Gardecors;
      2. comply with the instructions in any robots.txt file present on the Services;
      3. provide all equipment that is necessary to access the Services;
      4. protect the security of the password that you use to access the Services and immediately notify Gardecors at info@gardecors.com if you believe or have reason to believe that such security has been breached;

    3. You agree to not use the Services to:

      1. engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
      2. harm or threaten to harm users in any manner;
      3. harm or threaten to harm minors in any manner;
      4. stalk or harass any person or entity;
      5. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
      7. infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
      8. engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
      9. disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
      10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
      11. intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
      12. use the Services to advertise or perform any commercial solicitation;
      13. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
      14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.

    4. You acknowledge that Gardecors does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from Gardecors’s suppliers, Gardecors has the right to refuse or cancel any orders placed for products listed at the incorrect price. Gardecors has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Gardecors shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it as described in Gardecors’s Return and Exchange Policy.

    5. You acknowledge, consent and agree that Gardecors may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Gardecors, its users and the public.

    6. All items purchased through Gardecors are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Gardecors’s tender of the item to the carrier.

  9. INTERSTATE DATA TRANSMISSIONS

    1. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    2. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gardecors and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
    3. By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of Gardecors’s network architecture, business practices, and the manner in which electronic communications are processed.

  10. INTERNATIONAL USE

    1. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  11. INDEMNITY

    1. You agree to indemnify and hold Gardecors and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.

  12. NO RESALE OF SERVICES

    1. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Gardecors in a separate agreement between you and Gardecors.

  13. MODIFICATIONS TO SERVICE

    1. Gardecors may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in Gardecors’s sole discretion. You agree that Gardecors shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.

  14. TERMINATION

    1. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Gardecors in a separate agreement between you and Gardecors.

  15. ADVERTISERS

    1. Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that Gardecors shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.

  16. LINKS

    1. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Gardecors is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gardecors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  17. DISCLAIMER OF WARRANTIES

    You Expressly Understand And Agree That:

    1. The Products On Our Site Are Intended For Personal, Not Commercial Use, Unless Otherwise Indicated. As Such, You Assume The Risk When Purchasing Products For A Commercial Or Business Use Or Application.
    2. Your Use Of The Services And Products On The Site Is At Your Sole Risk. Unless Otherwise Expressly Specified In Writing, The Services And Products Sold On The Site Are Provided On An “As Is” And “As Available” Basis. Unless Otherwise Expressly Specified In Writing, Gardecors And Its Affiliates, Subsidiaries, Officers, Stockholders, Employees, Agents, Partners, And Licensors Expressly Disclaim All Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, And Non Infringement.
    3. Unless Otherwise Expressly Specified In Writing, Gardecors And Its Affiliates, Subsidiaries, Officers, Stockholders, Employees, Agents, Partners, And Licensors Make No Warranty That (I) The Services Or Other Materials Or Products Purchased Or Obtained By You From The Services Or On The Site Will Meet Your Requirements, Will Be Uninterrupted, Timely, Secure, Error Free, Or Will Be Accurate Or Reliable; (Ii) The Quality Of Services Or Other Material Or Products Purchased Or Obtained By You From The Services Will Meet Your Expectations; And (Iii) Any Errors In The Services (Including Any Software) Will Be Corrected.
    4. Any Material Or Products Uploaded, Transmitted, Accessed, Purchased, Or Downloaded From The Services (Including From On The Site), Including, But Not Limited To, Content, Files, Or Software, Or Material Or Products Otherwise Obtained Through The Use Of The Services Is Purchased, Used, And/Or Accessed At Your Own Discretion And Risk; And Gardecors And Its Affiliates, Subsidiaries, Officers, Stockholders, Employees, Agents, Partners, And Licensors Expressly Disclaim Any And All Liability For Damages, Including, But Not Limited To, Damages To Any Computer System Or Loss Of Data, That Results From The Use Of The Services Or Upload, Posting, Transmittal, Purchase, Or Download Of Content, Files, Or Software Or Other Material Or Products Otherwise Obtained Through The Use Of The Services.
    5. No Advice Or Information, Whether Oral Or Written, Obtained By You From Gardecors Or Through Or From The Services Shall Create Any Warranty Not Expressly Stated In The Tou Agreement.
    6. A Small Percentage Of Users May Experience Epileptic Seizures When Exposed To Certain Light Patterns Or Backgrounds On A Computer Screen Or While Using The Services. Certain Conditions May Induce Previously Undetected Epileptic Symptoms Even In Users Who Have No History Of Prior Seizures Or Epilepsy. If You, Or Anyone In Your Family Or Company, Have An Epileptic Condition, Consult Your Physician Prior To Using The Services. Immediately Discontinue Use Of The Services And Consult Your Physician If You Experience Any Of The Following Symptoms While Using The Services: Dizziness, Altered Vision, Eye Or Muscle Twitches, Loss Of Awareness, Disorientation, Any Involuntary Movement, Or Convulsions.

  18. LIMITATION OF LIABILITY

    1. You Expressly Understand And Agree That Gardecors, Its Affiliates, Subsidiaries, Officers, Stockholders, Employees, Agents, Partners, And Licensors Shall Not Be Liable To You For Any Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including, But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses (Even If Gardecors Has Been Advised Of The Possibility Of Such Damages), Resulting From: (I) The Use Or The Inability To Use The Services; (Ii) The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information, Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through Or From The Services; (Iii) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; (Iv) Statements Or Conduct Of Any Third Party On The Services; Or (V) Any Other Matter Relating To The Services.

  19. EXCLUSIONS AND LIMITATIONS

    1. Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations Of Sections 17 And 18 May Not Apply To You.

  20. NO THIRD PARTY BENEFICIARIES

    1. This TOU Agreement is not enforceable by or for the benefit of any third party.