TERMS OF SERVICE
This website and all products and services (collectively, the “Services”) sold by Kimberly Morris Interiors, LLC (“Company” or “we” or “us” or “our”) are exclusively owned by Company, and your right to use and access our Services is expressly conditioned upon your agreement to and your compliance with these Terms of Service. By purchasing our Services and/or accessing our website, you accept and agree to abide by these Terms of Service, as they may be amended from time to time.
We reserve the right to update or change these Terms of Service at any time, and will notify you of any updates by changing the date “last updated” at the top of this page. By agreeing to these Terms of Service, you are also consenting to our use of your information in accordance with our Privacy Policy, which is hereby incorporated by reference.
You are legally bound to these Terms of Service whether or not you have read them. If you do not agree with any of our Terms of Service, please do not access our website or purchase any Services from us.
As a condition of your right to access our website or use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country.
Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website.
MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right, except as specified in any Interior Design Services Agreement we sign with you. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
REGISTRATION
Certain features of our website or our Services may require you to provide information or register by providing your name, email address, and other information. For example, you may be required to provide your contact information and certain details about your project before you can book an Intro Call or a client Consultation. If you register, you agree to provide accurate information about yourself and submit to any verification steps we reasonably request to confirm your identity, and you further agree that you will update such information with us within 14 business days of any changes to keep it accurate, current and complete. We reserve the right to suspend or terminate your access to our Services if we discover, or if we have reason to believe, that any of the data you have provided is inaccurate, or if you violate these Terms of Service.
We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Quickbooks Online, or similar services. By utilizing these payment processors to gain access to the Services, you assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
INTELLECTUAL PROPERTY
We own our website, page layout and design, overall look and appearance, photos, graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered) (collectively, our “Intellectual Property”). You are not allowed to reproduce any part of our Intellectual Property, our Service materials, or related communications.
You acknowledge that if you use our Intellectual Property in violation of these Terms of Service, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may only use our Intellectual Property for the specific use cases listed below, with clear and obvious credit back to our site, as well as links back to the page where the Intellectual Property is located when it is appropriate to do so. However, you may never claim any of our Intellectual Property as your own or your unique creation, even with attribution, or use any Intellectual Property within the Services that is attributed to a third-party. You may:
You may not:
REQUEST FOR PERMISSION TO USE CONTENT
If you wish to use, publish, or otherwise share or distribute any of our content, Services(s), or related materials, you must do so by requesting and receiving written permission prior to commencing use of the same by emailing us at concierge@kimberlymorrisinteriors.com.
CIVIL AND CRIMINAL PENALTIES
We reserve the right to prosecute infringers to the fullest extent allowed law. By using our website, you explicitly consent to personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver County, Colorado.
COPYRIGHT
You represent and warrant that you own the copyright to any image(s) you use by default or voluntarily on our platforms or in our Services or related materials free and clear of any and all third-party claims. You grant us a royalty-free, worldwide, revocable commercial license to any image(s) you submit to us by default, such as an image you voluntarily provide in accessing the Services, or voluntarily upon our request.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By using our website, Services and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
YOUR COMMUNICATIONS
Any communications made through our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by U.S law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold Company harmless from any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. Individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Services(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. Therefore, we cannot guarantee your success or happiness with our Services(s) or related material(s).
If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you see any errors or omissions and would like to let us know, please email us at concierge@kimberlymorrisinteriors.com.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. Certain areas of the website and some programs we use to provide our Services, such as payment processing functions, may be operated by third parties, and our Services may include links to third party sites or services which may be subject to the Terms of Use and/or Privacy Policies of those parties. We are not responsible for any aspect of these third-party service providers, their services or websites. Please review any terms and conditions that may apply if and when you visit any third party sites or use any third party services available through our website or our Services.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR OFFERINGS, PRODUCTS, SERVICES, OR MATERIALS. YOU AGREE THAT OFFERINGS, PRODUCTS, SERVICES, OR MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS, SERVICES, OR MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Services(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE OFFERINGS.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Services(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in our Services(s) or related material(s).
INDEMNIFICATION
You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your use of our website and/or Services in a manner that violates these Terms of Service or applicable law.
LIMITATION OF LIABILITY
We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Services(s) and related material(s).
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE OFFERINGS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms of Service. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time we feel you have violated these Terms of Service, then we shall immediately terminate your use of our website, services and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to our site(s).
REFUNDS
Payments for Consultations and Designer on Call are non-refundable once we arrive for your appointment. If you need to reschedule or cancel your appointment, please do so at least 24 hours in advance, and email concierge@kimberlymorrisinteriors.com to discuss your refund options. Payments for E-Design and Full-Service Design are subject to the terms and conditions in our Interior Design Services Agreement, which you must sign in order to book those services.
CHARGEBACKS
You agree to make every attempt to file for a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all materials afforded to you in exchange for your original purchase of our Services. We reserve the right to present proof of your access to our Services and these Terms of Service to the financial institution investigating the dispute.
DISPUTE RESOLUTION
In the event of a dispute that cannot be resolved by means of good-faith negotiation, then you explicitly agree to submit to mandatory binding arbitration any and all claims arising out of or related to your use of our website or Services (collectively, “Arbitrable Claims”), except that Company may, at its option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of its Intellectual Property. Further, to the fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Once you have signed an Interior Design Services Agreement with us, all disputes shall be governed exclusively by the terms of that Agreement, and in the event of a conflict with these Terms of Service, our client agreement with you will control.
ENTIRE AGREEMENT
The terms of the Privacy Policy together with these Terms of Service constitute the entire agreement between you and Company relating to the use of this website.
LAW AND JURISDICTION
You agree that any dispute related to these Terms will be governed by the laws of the State of Colorado, regardless of its conflict of law provisions. In the event of any dispute related to these Terms of Service that is not subject to binding arbitration, you and Kimberly Morris Interiors, LLC will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver, Colorado as the legal forum for any such dispute.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms of Service and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms of Service and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT US
If you have any questions about these Terms of Service or our Privacy Policy, you can contact us at:
Mail: 5023 W 120th Ave, PMB 128, Broomfield, CO 80020
Email: privacy@kimberlymorrisinteriors.com
Phone: (303) 710-8279
We reserve the right to update or change these Terms of Service at any time, and will notify you of any updates by changing the date “last updated” at the top of this page. By agreeing to these Terms of Service, you are also consenting to our use of your information in accordance with our Privacy Policy, which is hereby incorporated by reference.
You are legally bound to these Terms of Service whether or not you have read them. If you do not agree with any of our Terms of Service, please do not access our website or purchase any Services from us.
As a condition of your right to access our website or use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country.
Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website.
MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right, except as specified in any Interior Design Services Agreement we sign with you. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
REGISTRATION
Certain features of our website or our Services may require you to provide information or register by providing your name, email address, and other information. For example, you may be required to provide your contact information and certain details about your project before you can book an Intro Call or a client Consultation. If you register, you agree to provide accurate information about yourself and submit to any verification steps we reasonably request to confirm your identity, and you further agree that you will update such information with us within 14 business days of any changes to keep it accurate, current and complete. We reserve the right to suspend or terminate your access to our Services if we discover, or if we have reason to believe, that any of the data you have provided is inaccurate, or if you violate these Terms of Service.
We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Quickbooks Online, or similar services. By utilizing these payment processors to gain access to the Services, you assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
INTELLECTUAL PROPERTY
We own our website, page layout and design, overall look and appearance, photos, graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered) (collectively, our “Intellectual Property”). You are not allowed to reproduce any part of our Intellectual Property, our Service materials, or related communications.
You acknowledge that if you use our Intellectual Property in violation of these Terms of Service, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may only use our Intellectual Property for the specific use cases listed below, with clear and obvious credit back to our site, as well as links back to the page where the Intellectual Property is located when it is appropriate to do so. However, you may never claim any of our Intellectual Property as your own or your unique creation, even with attribution, or use any Intellectual Property within the Services that is attributed to a third-party. You may:
- Access the Services you purchase for your personal use;
- Download and/or print any Services materials for your personal use;
- Share our blog posts, images, or information about our Services with our prior written consent and proper credit and marking, namely, citing “2024 © Kimberly Morris Interiors, LLC” as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.
You may not:
- Re-sell or trade your purchased Services, or any information or materials pertaining to them;
- Share the Services and any materials arising from or relating to them with anyone else for use in their home(s);
- Reprint or republish any of the Services or any deliverables received through the Services, in part or in whole;
- Distribute any of the materials contained in the Services or related materials and/or communications as your own;
- Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Services for distribution as your own work.
- Claim ownership or use over any of our Intellectual Property;
- Share any of our posts or images without proper consent and attribution; or,
- Use our Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If you wish to use, publish, or otherwise share or distribute any of our content, Services(s), or related materials, you must do so by requesting and receiving written permission prior to commencing use of the same by emailing us at concierge@kimberlymorrisinteriors.com.
CIVIL AND CRIMINAL PENALTIES
We reserve the right to prosecute infringers to the fullest extent allowed law. By using our website, you explicitly consent to personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver County, Colorado.
COPYRIGHT
You represent and warrant that you own the copyright to any image(s) you use by default or voluntarily on our platforms or in our Services or related materials free and clear of any and all third-party claims. You grant us a royalty-free, worldwide, revocable commercial license to any image(s) you submit to us by default, such as an image you voluntarily provide in accessing the Services, or voluntarily upon our request.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By using our website, Services and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
YOUR COMMUNICATIONS
Any communications made through our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by U.S law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold Company harmless from any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. Individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Services(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. Therefore, we cannot guarantee your success or happiness with our Services(s) or related material(s).
If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you see any errors or omissions and would like to let us know, please email us at concierge@kimberlymorrisinteriors.com.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. Certain areas of the website and some programs we use to provide our Services, such as payment processing functions, may be operated by third parties, and our Services may include links to third party sites or services which may be subject to the Terms of Use and/or Privacy Policies of those parties. We are not responsible for any aspect of these third-party service providers, their services or websites. Please review any terms and conditions that may apply if and when you visit any third party sites or use any third party services available through our website or our Services.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR OFFERINGS, PRODUCTS, SERVICES, OR MATERIALS. YOU AGREE THAT OFFERINGS, PRODUCTS, SERVICES, OR MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCTS, SERVICES, OR MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Services(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE OFFERINGS.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Services(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in our Services(s) or related material(s).
INDEMNIFICATION
You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your use of our website and/or Services in a manner that violates these Terms of Service or applicable law.
LIMITATION OF LIABILITY
We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Services(s) and related material(s).
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE OFFERINGS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms of Service. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time we feel you have violated these Terms of Service, then we shall immediately terminate your use of our website, services and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to our site(s).
REFUNDS
Payments for Consultations and Designer on Call are non-refundable once we arrive for your appointment. If you need to reschedule or cancel your appointment, please do so at least 24 hours in advance, and email concierge@kimberlymorrisinteriors.com to discuss your refund options. Payments for E-Design and Full-Service Design are subject to the terms and conditions in our Interior Design Services Agreement, which you must sign in order to book those services.
CHARGEBACKS
You agree to make every attempt to file for a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all materials afforded to you in exchange for your original purchase of our Services. We reserve the right to present proof of your access to our Services and these Terms of Service to the financial institution investigating the dispute.
DISPUTE RESOLUTION
In the event of a dispute that cannot be resolved by means of good-faith negotiation, then you explicitly agree to submit to mandatory binding arbitration any and all claims arising out of or related to your use of our website or Services (collectively, “Arbitrable Claims”), except that Company may, at its option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of its Intellectual Property. Further, to the fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Once you have signed an Interior Design Services Agreement with us, all disputes shall be governed exclusively by the terms of that Agreement, and in the event of a conflict with these Terms of Service, our client agreement with you will control.
ENTIRE AGREEMENT
The terms of the Privacy Policy together with these Terms of Service constitute the entire agreement between you and Company relating to the use of this website.
LAW AND JURISDICTION
You agree that any dispute related to these Terms will be governed by the laws of the State of Colorado, regardless of its conflict of law provisions. In the event of any dispute related to these Terms of Service that is not subject to binding arbitration, you and Kimberly Morris Interiors, LLC will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver, Colorado as the legal forum for any such dispute.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms of Service and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms of Service and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT US
If you have any questions about these Terms of Service or our Privacy Policy, you can contact us at:
Mail: 5023 W 120th Ave, PMB 128, Broomfield, CO 80020
Email: privacy@kimberlymorrisinteriors.com
Phone: (303) 710-8279
last updated April 19, 2024
