Legal

Terms & Conditions

Welcome to HomeRefiner.  Please take the time to review these Terms & Conditions.  This is a binding contract between you (“User”) and Home Refiner New York LLC (“HomeRefiner ”).  The Services referenced will include www.HomeRefiner.com and the HomeRefiner Mobile Application (the “App”) either collectively or separately.

Acceptance
The following terms and conditions govern User’s use of this Service.  The ‘Data’ included in this site includes, but is not limited to furniture, home accessories, fabric, fabric patterns, light fixtures, colors, press releases, promotions, questionnaires etc. By accessing, viewing or using the Data and materials on this site, User agrees to be bound by these terms and conditions.  If User does not agree to these terms and conditions, please do not use this Service, the Data or the materials.  HomeRefiner reserves the right to update or revise these terms and conditions.  User can find the updates or revisions by visiting this page and/or by email notification.  Continued use of this Service after posting changes constitutes User’s acceptance of those changes.

Electronic Communication
When User visits this site, sends emails to HomeRefiner, or requests information via email or cell phone, User is communicating with HomeRefiner electronically and consenting to receive communications electronically.  This consent also includes receiving Notices posted to this Service electronically. 

Purpose of HomeRefiner
HomeRefiner, through its site www.HomeRefiner.com and its App (collectively, the “Service”), is a web-based/mobile application gateway that instantly connects the User to HomeRefiner ’ online interior design application (“Room Design”).  It creates personalized decors in virtual images for HomeRefiner clients around the world.  For more information on the Service please check the FAQ at www.HomeRefiner .com/faq.

HomeRefiner reserves the right to withhold, remove and or discard any content available as part of User’s Room Design, with or without notice. For avoidance of doubt, HomeRefiner has no obligation to store, maintain or provide User a copy of any content that User or other Users provide when using the Service.

Service Eligibility
User represents and warrants that User (a) is not under the age of 18; (b) has not previously been suspended or removed from the Service; (c) is not a direct competitor of the Service; and (d) has full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which User is a party.

Furniture Descriptions
Furniture and home accessory specifications and other information have either been provided by the Manufacturers or collected from User or publicly available sources.  HomeRefiner attempts to be as accurate as possible. However, HomeRefiner does not warrant that the furniture and home accessory descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If the furniture and home accessory suggested is not as described, User’s sole remedy is to cancel User’s order or seek other remedy with the Manufacturer.

HomeRefiner makes no warranties or representations whatsoever with regard to any furniture or home accessory suggested by the online interior design application and User acknowledges that any reliance on representations and warranties provided by the online interior design application shall be at User’s own risk.

Style Preferences
HomeRefiner’s Service will use Users preferences shared through their Pinterest Board that the User uses to collect their furniture preferences, interiors, wall colors, fabric and patterns, tables and cabinets, seating, light fixtures, etc. While HomeRefiner endeavors to match User’s preferences HomeRefiner cannot guarantee the exact use of the User’s exact preferences nor can HomeRefiner guarantee that User’s preferences will be available through the various manufacturers.

Measure and Upload Pictures of the to be designed room
The next step is for the User to upload pictures of User’s room and room measurements and any other information pertinent to the design of the room such as a window or existing furniture User wants to work with.  Once again, the styling on User’s room is based upon the information User provides.  Please ensure the accuracy of User’s information.

When uploading images, User warrants that the image does not constitute, among other things, Copyright or Trademark Infringement, breach of publicity or privacy rights nor is it offensive or otherwise illegal.

Design Questionnaire
Once User ordered their design plan, User receive a PDF questionnaire by email that needs to be filled out, saved as a jpeg and attach it to User’s Pinterest board. 

Creation Design Plan
Upon reviewing and accepting User’s data for accuracy, HomeRefiner will begin creating User’s Room Design in either a 2D Floor Plan based on User’s provided data or 3D photo realistic images depending on the Design Package the User purchased. HomeRefiner will provide User with the best design solutions possible, taking User’s preferences input on their Pinterest Board into account.  However, “we can’t do the impossible” – if we know that a table won’t fit or will fit but User won’t be able to walk through their space, HomeRefiner won’t put that specific table in User’s Room Design.  Final Room Design is solely the decision of HomeRefiner.

Once completed, HomeRefiner cannot change the design. HomeRefiner provides detailed information to ensure that Users are choosing the rights details to design their room.  Any changes to the design will incur further charges. 

Installation and Shopping List
Purchase and implementation of the Room Design are done by User.  The Shopping List will tell the User where the User can purchase the design elements (furniture, fabric, etc) for User’s Room Design.   HomeRefiner is, at this time, a disinterested third party.  HomeRefiner does not receive compensation from Users’ purchases on the Shopping List.

HomeRefiner provides Users with the Room Design and tools to decorate and furnish User’s room according to the styling of HomeRefiner Service.  User can refer to User’s Shopping List to purchase the items to complete User’s room design.  HomeRefiner will work with User’s requested budget but final amount of suggested materials/furniture for Room Design may exceed User’s budget at a maximum of fifteen (15) percent.

Information on the Shopping List is based on publicly available information from the manufacturers and/or retailers.  Materials, colors, style, measurements and/or price are subject to error or change.  Please ensure that the furniture meets the measurements to fit User’s room before purchase. 

User’s Account
As registered Users of the Service, Users are entirely responsible for any and all activities, which occur under their account, whether authorized or not authorized. User agrees to notify HomeRefiner  of any unauthorized use of User’s account or any other breach of security known or should be known to the User. User’s right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of HomeRefiner . In the absence of accounts, the User is responsible for the information they put in the Services when initiating an interior design.

Payment Methods
Payment is made in advance of Room Design.  HomeRefiner  will not begin work until payment is received.  Fee is for Room Design only and does not include the items for purchase on User’s Shopping List.  Items on User’s Shopping List are to be purchased independently by User.  HomeRefiner  is not responsible for purchasing of items on HomeRefiner  Room Design.  HomeRefiner  uses third parties to process credit cards.  The methods of payment accepted are limited to the third party’s capabilities.  Once an order is paid, HomeRefiner will not issue any refunds

Modifications and Interruption to Service
HomeRefiner reserves the right to modify or discontinue the Service with or without notice to the User.  HomeRefiner  shall not be liable to User or any third party should HomeRefiner  exercise its right to modify or discontinue the Service. User acknowledges and accepts that HomeRefiner does not guarantee continuous, uninterrupted or secure access to HomeRefiner  website and operation of HomeRefiner  website may be interfered with or adversely affected by numerous factors or circumstances outside of HomeRefiner  control.

Intellectual Property
This site and its contents are protected by U.S. and international copyright, patent and trademark laws including, but not limited to, the Room Design, Shopping Lists, 2D and 3D Room Design, images, video, the Service functionality, names and/or logos, news, blogs, press releases, information, materials, documents made available to Users, logo, headers, icons, buttons and look and feel.  For the sake of clarity, HomeRefiner reserves the rights in the Room Design created for the User, as well as User’s custom shopping list, for other uses, such as for promotional use.  Third parties whose materials appear on this website may own their respective copyrights and trademarks.  User acknowledges and agrees that the Data, service and any necessary software used in connection with this Service contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws.  User is granted a limited non-exclusive and non-transferable right to use this Service for personal use as outlined in these Terms and Conditions.  Users may not copy, disseminate, download, reproduce or publish the content except where expressly set forth in these Terms and Conditions or with the prior written consent of HomeRefiner .

HomeRefiner  is a proprietary mark of Home Refiner New York, LLC.  HomeRefiner ’s trademarks may not be used in connection with any product or service that is not provided by HomeRefiner , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HomeRefiner .

License and Limitations on Use
By use of this Service, User is granted a limited non-exclusive and non-transferable license to access the site and make personal use of this Service.  User is granted a limited license to (a) view the Data on User’s screen, (b) print the Data, (c) transfer Data to a personal handheld device including a personal digital assistant, mobile phone, smartphone or any other mobile device used for personal view, (d) save the Data or (e) transfer a copy to a third party provided that there is an option to ‘share’ the information as provided by the Service or the individual user that created that content and provided User does not remove the copyright notices or proprietary legend that appear and does not modify the Data in any way.  User shall not derive or attempt to derive the source code or structure of all or any part of the materials, Data or Services by reverse engineering, disassembly, decompilation or any other means.  Nothing contained herein shall be construed as granting User a license under any copyright, trademark, patent or any other intellectual property right of HomeRefiner , except for the right of use expressly set forth in these Terms and Conditions.

 Each User grants HomeRefiner a license to use the content supplied by each such User for the purposes of disclosure on the Service.

This license includes, inter alia, the right for HomeRefiner  to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of HomeRefiner  and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

 Each User expressly authorizes HomeRefiner to modify said content in order to conform to the interface or display requirements of the Service or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of HomeRefiner  for any purpose other than for those purposes strictly related to use of HomeRefiner  services for personal purposes.

Third Party Links and Endorsements
HomeRefiner does not make any representations or warranties to any third party websites available to access through this website.  Any website is independent of HomeRefiner .  As well, any website linked to HomeRefiner  may or may not be affiliated with HomeRefiner .  It is up to Users to make an independent decision regarding User’s interaction or communication with such website.  As such, Users hold HomeRefiner  free from liability and responsibility when communicating or interacting with such websites.

HomeRefiner encourages Users to report anything that Users find offensive to info@HomeRefiner .com.  The content may be removed upon review and should HomeRefiner  find the content not to be objectively offensive, HomeRefiner  maintains the right to repost. 

HomeRefiner is not responsible for and does not endorse any third party product, third party advertising or other materials on or available from such web sites or resources. The Services may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). If User decides to leave the Services and access the Third Party Site or to use or install any Third Party Applications, Software or Content, User does so at their own risk and User should be aware that HomeRefiner  terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigates to from the Services or relating to any applications User uses or installs from the site.

Disclaimer of Warranties and Limitations of Liability
HomeRefiner  PROVIDES THE SITE AND THE DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HomeRefiner  MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAME.  HomeRefiner  DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE, THE APP AND THE DATA ARE FREE FROM VIRUSES AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET USER’S SPECIFIC NEEDS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND DATA ARE OF SATISFACTORY QUALITY, ACCURATE, OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO ADVICE OR INFORMATION GIVEN BY HomeRefiner  CREATES A WARRANTY OR EXPANDS THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.  USER’S USE OF THIS SITE, THE APP AND THE DATA IS SOLELY AT USER’S OWN RISK.

THE MATERIALS, THE APP AND THE DATA MAY INCLUDE INACCURACIES WHETHER TECHNICAL OR TYPOGRAPHICAL ERRORS.  HomeRefiner  HAS THE RIGHT AT ANY TIME TO CHANGE, MODIFY, AND TO DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE, THE APP, MATERIALS OR PRODUCTS.  HomeRefiner  HAS NO OBLIGATION TO PROVIDE USERS WITH NOTICE OF ANY SUCH CHANGES.

HomeRefiner  EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOSTED SITE, SPECIFICATIONS, MOBILE APPLICATION AND HomeRefiner  DESIGN TOOLS, INCLUDING WITHOUT LIMITATION ANY (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (C) IMPLIED WARRANTY OF NONINFRINGEMENT.  HomeRefiner  WILL HAVE NO LIABILITY TO USER FOR (I) ANY FAILURE OF THE SYSTEMS OF HomeRefiner  OR ANY THIRD PARTY THAT RESULTS IN THE FAILURE OR INABILITY TO PROCESS A TRANSACTION THROUGH HomeRefiner  DESIGN TOOLS, OR (II) THE QUALITY OF THE FURNITURE, MATERIALS, FABRICS, ETC PROVIDED BY THIRD PARTIES TO USERS.

UNDER NO CIRCUMSTANCES SHALL HomeRefiner  BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS SITE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HomeRefiner  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

UNDER NO CIRCUMSTANCES SHOULD THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING IN CONTRACT, EQUITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE BY USER TO HomeRefiner  UNDER THIS AGREEMENT IN THE MOST RECENT SIX (6) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

 IN ADDITION, HomeRefiner  ACCEPTS NO RESPONSIBILITY OR LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO USERS IN CONNECTION WITH THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO ALL USERS.  HomeRefiner  LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

HomeRefiner  IS NOT RESPONSIBLE FOR ANY CONTENT UPLOADED BY THIRD PARTIES.  IF THERE IS AN ISSUE WITH ANY USER GENERATED CONTACT, PLEASE CONTACT HomeRefiner .  IT IS WITHIN HomeRefiner  DISCRETION TO REMOVE SUCH CONTENT AND ANY CLAIMS SHALL BE MADE AGAINST THE USER UPLOADING THE CONTENT TO THE SITE.

Indemnity
User agrees to indemnify and hold HomeRefiner  and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by User of this Data.

Termination
User may terminate this Agreement for any or no cause at any time with notice to HomeRefiner , which shall be effective upon HomeRefiner  processing such notice. HomeRefiner  may terminate the Agreement for any or no cause at any time with or without notice, which shall be effective immediately or as may be specified in the notice.

In furtherance and without limiting the foregoing, HomeRefiner  has adopted a policy of terminating, in appropriate circumstances and at HomeRefiner ’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. HomeRefiner  may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Applicable Law/Disputes
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or User’s use of the Materials and this website shall be filed only in the state or federal courts located in New York, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability
If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices
HomeRefiner may notify Users via postings on www.HomeRefiner .com, or via email or by any other communication means based on the contact information User provides to HomeRefiner .  User may also notify HomeRefiner  via email at info@homerefiner.com or via mail or courier at:

Entire Agreement
User agrees that this Agreement constitutes the entire, complete and exclusive agreement between User and HomeRefiner regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

No informal waivers, agreements or representations
HomeRefiner failure to act with respect to a breach by User or others does not waive HomeRefiner  right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any HomeRefiner  Affiliate shall be deemed legally binding on any HomeRefiner  Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of HomeRefiner .

No Injunctive Relief
In no event shall User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

 Assignment and Delegation
User may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. HomeRefiner  may freely assign or delegate all rights and obligations under the Agreement, fully or partially. HomeRefiner  may also substitute, by way of unilateral novation, effective upon notice to User, any third party that assumes HomeRefiner  rights and obligations under this Agreement.

Claims Regarding Copyright Infringement
HomeRefiner strictly adheres to the Take Down Procedures as outlined by the Digital Millennium Copyright Act.  Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, HomeRefiner  has designated an agent to receive notices of claimed copyright infringement.

If User believes in good faith that User’s work has been copied in a way that constitutes copyright infringement, please contact HomeRefiner at info@homerefiner.com

Users may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

For all other complaints, please contact HomeRefiner at info@homerefiner.com

 

 

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