Effective Date: February 2019
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as "Use" or "Using" the Services), YOU ARE DEEMED TO ACCEPT THESE TERMS AND OUR PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.
You acknowledge, consent and agree that SkylineHomeDesign.com 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 these Terms; (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 SkylineHomeDesign.com, its users and the public.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped.
SkylineHomeDesign.com reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. SkylineHomeDesign.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from SkylineHomeDesign.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Pricing:
SkylineHomeDesign.com cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Site. SkylineHomeDesign.com reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from SkylineHomeDesign.com. SkylineHomeDesign.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on SkylineHomeDesign.com from prices available on Skyline Home Design’s mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
Title and Risk of Loss:
All items purchased through SkylineHomeDesign.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Skyline Home Design’s tender of the item to the carrier.
Returns and Refunds:
Returns and refunds are available only as described in our Skyline Home Design’s Return and Exchange Policy. While SkylineHomeDesign.com will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Return and Exchange Policy and any guarantees on future orders.
SKYLINEHOMEDESIGN.COM, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE SITE.
Your access to and use of the Service does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. SkylineHomeDesign.com, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. SkylineHomeDesign.com neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.
You may access the Services only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.
All software used on the Services is the property of SkylineHomeDesign.com or our licensors and protected by United States and international copyright laws. Subject to these Terms, SkylineHomeDesign.com hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Services for your personal, noncommercial 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 the Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of SkylineHomeDesign.com 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 SkylineHomeDesign.com.
Without Skyline Home Design’s prior permission, you agree not to display or use in any manner the SkylineHomeDesign.com marks.
All rights not expressly granted herein are reserved. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.
When accessing and using the Services, you specifically agree not to:
.Engage in activity that is in violation of these Terms or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
.Engage in conduct that is fraudulent or otherwise harmful to SkylineHomeDesign.com, our partners, or any other user;
.Display to others, mirror, or frame the Services, or any component of the Services;
.Access the Services if we have prohibited you from such access;
.Circumvent any rules or terms set forth on the Services including those relating to any promotion, contest or program on the Services;
.Access, tamper with, or use non-public areas of the Services, Skyline Home Design’s computer systems, or the technical delivery systems of SkylineHomeDesign.com or Skyline Home Design’s providers;
.Probe, scan, or test the vulnerability of the Services or breach any security or authentication measures;
.Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
.Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Services;
.Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Services;
.Collect any personally identifiable information from users of the Services or use any such information found on the Services;
.Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
.Use the Services to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
.Use the Services to advertise or perform any commercial solicitation;
.Use any meta tags or other hidden text or metadata utilizing a SkylineHomeDesign.com trademark, logo, URL, or product name without Skyline Home Design’s express written consent.
.Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
.Engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
.Disrupt the normal flow of dialogue or act in a manner that negatively affects other users' ability to engage in real time exchanges;
.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;
.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
.Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
.Extract any content or information from the Site (whether by manual or automated means) for any commercial purpose.
You likewise agree that you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Services. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms and the Services' robots.txt file, the more restrictive of the two shall apply.)
If you attempt to access, search, or otherwise use the Services in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for SkylineHomeDesign.com to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism SkylineHomeDesign.com considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).
If you are accessing the Services as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the Services as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
SkylineHomeDesign.com may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If SkylineHomeDesign.com provides such features, and you choose to submit content through those features ("Your Content"), you represent and warrant that: (1) you own or otherwise have all necessary rights to Your Content; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; (3) Your Content will not cause injury to any person or entity; and, (4) you are not under the age of 13.
By posting Your Content, you are granting SkylineHomeDesign.com (and those authorized by SkylineHomeDesign.com) 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 SkylineHomeDesign.com (and those authorized by SkylineHomeDesign.com) the right, but not the obligation, to use the name that you submit with such content.
You are solely responsible for Your Content. SkylineHomeDesign.com 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.
You will not insert your own or a third party's advertising or promotional content into your posting.
SkylineHomeDesign.com reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in Skyline Home Design’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. SkylineHomeDesign.com is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
. using any software that sends queries to our Site to determine how a Website or Webpage "ranks" for various queries;
. "meta searching"; and
. performing "offline" searches on the Site.
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 SkylineHomeDesign.com 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.
By agreeing to these Terms, you acknowledge that Use of the Services results in interstate data transmissions because of Skyline Home Design’s network architecture, business practices, and the manner in which electronic communications are processed.
You acknowledge and agree that SkylineHomeDesign.com is not responsible for the availability of such materials, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that SkylineHomeDesign.com 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.
THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
. ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
. ANY WARRANTIES OF NONINFRINGEMENT;
. THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
. THAT THE SITE WILL BE SECURE;
. THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE; AND
. THAT COMMUNICATIONS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKYLINEHOMEDESIGN.COM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKYLINEHOMEDESIGN.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.
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.
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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW AND CHOICE OF FORUM" SECTION OF THESE TERMS OF USE (SEE SECTION 27, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SKYLINEHOMEDESIGN.COM NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE SKYLINEHOMEDESIGN.COM SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW AND CHOICE OF FORUM" SECTION OF THESE TERMS OF USE (SEE SECTION 27), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You and SkylineHomeDesign.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a dispute, SkylineHomeDesign.com or you must the other notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to SkylineHomeDesign.com by email to contact@SkylineHomeDesign.com and by U.S. Mail to SkylineHomeDesign.com, 27068 La Paz Road, Suite 800, Aliso Viejo, California, 92656. To the extent that SkylineHomeDesign.com has your contact information, it will send any such notice to you by U.S. Mail and your email address.
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Orange, California, and SkylineHomeDesign.com and you agree to submit to the personal jurisdiction of any state or federal court in Orange, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.
SkylineHomeDesign.com shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless SkylineHomeDesign.com is specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on SkylineHomeDesign.com and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. SkylineHomeDesign.com and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. SkylineHomeDesign.com and you understand that, absent this mandatory arbitration provision, SkylineHomeDesign.com and you would have the right to sue in court and have a jury trial. SkylineHomeDesign.com and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If Skyline Home Design’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You or SkylineHomeDesign.com may choose to pursue a claim in small claims court where jurisdiction and venue over you and SkylineHomeDesign.com otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide SkylineHomeDesign.com with advance notice by email to contact@SkylineHomeDesign.com and by U.S. Mail to SkylineHomeDesign.com, 27068 La Paz Road, Suite 800, Aliso Viejo, California, 92656.
Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to SkylineHomeDesign.com by email to contact@SkylineHomeDesign.com AND by U.S. Mail to SkylineHomeDesign.com, 27068 La Paz Road, Suite 800, Aliso Viejo, California, 92656. The notice must be sent within 30 days of your first use of any of the Services. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, SkylineHomeDesign.com will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Waiver of Jury Trial. In any event, if for any reason a dispute between SkylineHomeDesign.com and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), SkylineHomeDesign.com and you agree to waive, to the fullest extent allowed by law, any trial by jury.
Parents, Subsidiaries, Affiliates. This Arbitration Section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of SkylineHomeDesign.com, or any employee, officer, director, or investor of SkylineHomeDesign.com, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person's access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
Survival. This Arbitration section shall survive any termination of your account or the Services.
SkylineHomeDesign.com and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. SkylineHomeDesign.com and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
The arbitrator cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other SkylineHomeDesign.com customers, and cannot be used to decide other disputes with other customers.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Orange, California.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of SkylineHomeDesign.com, or any employee, officer, director, or investor of SkylineHomeDesign.com, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
This Class Action Waiver section shall survive any termination of your account or the Services.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Services infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the Designated Agent of SkylineHomeDesign.com identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Services, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of infringement should be directed to the following Designated Agent of SkylineHomeDesign.com:
Mohsen Rafizadeh
CEO of SkylineHomeDesign.com
27068 La Paz Road #800
Aliso Viejo, CA 92656
USA
Phone: (877) 562-0024
Email: contact@SkylineHomeDesign.com
If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
Governing Law and Choice of Forum:
These Terms and the relationship between you and SkylineHomeDesign.com shall be governed by, construed, and enforced in accordance with the laws of the State of California, excluding its conflict of law provisions, and for claims not subject to arbitration, such claims shall be brought exclusively in the courts located within Orange County, California. You and SkylineHomeDesign.com agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California, and to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver:
If SkylineHomeDesign.com does not enforce a provision of these Terms or the Privacy Policy, that does not waive our right to do so later. And, if SkylineHomeDesign.com does expressly waive a provision of these Terms or the Privacy Policy, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and SkylineHomeDesign.com to be legally binding.
Severability:
Except as described in the "Arbitration" and "Class Action Waiver" sections, if any part of these Terms or the Privacy Policy is not enforceable, the rest of these Terms and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment:
You may not assign or otherwise transfer these Terms, by operation of law or otherwise, without Skyline Home Design’s prior written consent. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. SkylineHomeDesign.com may assign these Terms in its sole discretion by providing you notice of the same. For example, SkylineHomeDesign.com may unconditionally assign or otherwise transfer these Terms to any successor in interest, such as an acquirer of SkylineHomeDesign.com (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
Section Titles:
The section titles in these terms are for convenience only and have no legal or contractual effect.
SkylineHomeDesign.com,
Attn: Terms of Use Contact
27068 La Paz Road #800
Aliso Viejo, CA 92656
USA
Phone: (877) 562-0024
Email: contact@SkylineHomeDesign.com
home rewards program terms of use
Welcome to the HOME REWARDS PROGRAM (the "Rewards Program") brought to you by SkylineHomeDesign.com, Inc. The following sets forth the terms of use ("Rewards Terms") of the Rewards Program. By enrolling, participating or otherwise using the Rewards Program you agree to and accept these Rewards Terms. If you do not agree to any portion of these Rewards Terms, you may not participate in the Rewards Program. Within these Rewards Terms, the terms "SkylineHomeDesign.com", "our", and "we" refer to SkylineHomeDesign.com, Inc., and the terms "you", "your", and "member" refer to members of the Rewards Program. In addition to these Rewards Terms, your use of the SkylineHomeDesign.com site and all functionality therein is governed by the SkylineHomeDesign.com Terms of Use.
III. Earning Rewards Points:
Members will earn a specified number of rewards points for each $1.00 spent on a qualifying purchase at SkylineHomeDesign.com. Members may also earn rewards points for other Member actions as determined by SkylineHomeDesign.com in our sole discretion. SkylineHomeDesign.com reserves the right to restrict and limit, for any reason, the actions eligible for the earning and redemption of rewards points. You must be logged into your customer account to earn rewards points. Points earned for making qualified purchases on SkylineHomeDesign.com are awarded solely on the net purchase dollar amount (i.e., all merchandise purchases less any returns), and after any coupons or discounts are applied. No points will be awarded for any taxes or shipping and handling costs. No points will be awarded for PayPal or PayPal Credit payment methods. You remain solely responsible and liable for all applicable taxes on your purchases through SkylineHomeDesign.com or through your participation in the Rewards Program. No points will be awarded on purchases of gift certificates or purchases where gift certificates or merchant credits are used as the payment method. During select promotional periods, SkylineHomeDesign.com may, in our sole discretion, may reward additional points on qualifying purchases. Any confirmed or pending purchase made prior to your enrollment in the Rewards Program is not eligible for rewards points. Points earned for making qualified purchases will be posted to Member accounts within a reasonable amount of time after the confirmed shipment of the items purchased.
VII. Feedback:
SkylineHomeDesign.com may provide you with the opportunity to give, post or provide review, comments, feedback, ideas or other suggestions, in any form (collectively, "Feedback"), in regard to your use of the Rewards Program. You hereby grant SkylineHomeDesign.com an irrevocable, worldwide, royalty-free, transferable license and right to use your Feedback. Without limiting the generality of the foregoing, you acknowledge and agree that you grant SkylineHomeDesign.com the license and right to use any and all Feedback in any manner whatsoever, in its sole and absolute discretion, including, without limitation, the license and right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works related to, sell and/or distribute any and all Feedback and/or incorporate any and all Feedback into any form, medium or technology throughout the world without restriction and without compensating you in any way. You grant SkylineHomeDesign.com the right to use the name that you submit in connection with any Feedback. In addition to the other restrictions on your participation in the Rewards Program, you agree not to use false or misleading information, including using a false e-mail address, impersonating any person or entity, or otherwise misleading as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify, defend and hold harmless SkylineHomeDesign.com for all claims resulting from or arising out of any Feedback you submit. SkylineHomeDesign.com takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.
VIII. Additional Terms
A. Rewards Program Changes: We reserve the right to change these Rewards Terms and/or the Rewards Program from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to these Rewards Terms and you will be deemed to have accepted such changes by your continued use of this Rewards Program and/or the purchase of any products or services through SkylineHomeDesign.com.
Last Updated: February 1, 2020.
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