TERMS OF SERVICE

Thank you for using Roost E-Design!

Please read below for our Terms of Service.

Roost E-Design.com (the "Roost E-Design.com Website", or "Website") is owned and operated by House of Tulle LLC DBA Roost E-Design.com or hereafter known as"Roost", “Roost E-Design "we", "our", or "us"). "You" or "your" means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.

In compliance with the Children's Online Privacy Protection Act of 1998, Roost does not accept users who are under 13 years of age. By purchasing a Roost Package, you represent that you are at least 13 years old.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE, INCLUDING ALL CONTENT AVAILABLE THROUGH THE ROOSTEDESIGN.COM DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ROOSTEDESIGN.COM PRIVATE PROPERTY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the ROOST E-DESIGN Website.

User of the Website

You understand that any items or content you import or create and/or boards you create on the Website may be made available to the public in such manner as shall be determined by ROOST E-DESIGN in its sole discretion from time to time. Further, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and boards you have created or procured using the Website. We do not guarantee confidentiality of items, comments or boards you create.

You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the ROOST E-DESIGN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ROOST E-DESIGN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ROOST E-DESIGN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

The technology and the software underlying our sites and our Services is the property of ROOST E-DESIGN. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1 Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

2 Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

3 Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

4 Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

5 Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

6 Download any file that you know or reasonably should know cannot be legally obtained in such manner;

7 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

8 Restrict or inhibit any other user from using and enjoying any public area within our sites;

9 Collect or store personal information about other end users;

10 Interfere with or disrupt our sites, servers, or networks;

11 Impersonate any person or entity, including, but not limited to, a ROOST E-DESIGN representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

12 Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

13 Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

14 Engage in any illegal activities.

Electronic Communication

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PROVISION OF THE SERVICES BY HOUSE OF TULLE LLC DBA ROOST E-DESIGN We may from time to time change or modify the Services. You agree that the form, nature and content of the Services may change from time to time without prior notice to you. ROOST E-DESIGN may at any time or from time to time stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally in ROOST E-DESIGN’s sole discretion, without prior notice to you. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. You acknowledge and agree that if ROOST E-DESIGN disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account. ROOST E-DESIGN will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. You may stop using the Services at any time.

User Submissions

1 ROOST E-DESIGN.COM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Roost E-Design expressly disclaims any and all liability in connection with User Submissions. Roost E-Design does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Roost E-Design will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Roost E-Design reserves the right to remove Content and User Submissions without prior notice. Roost E-Design will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Roost E-Design also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Roost E-Design may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

2 It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.The images referenced, made accessible or made available to you on these pages or by means of the Roost E-Design Service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Roost E-Design. Roost E-Design cannot give you authorization to use the copyrighted images. We cannot guarantee that the Roost E-Design Service will not locate unintended or objectionable content and Roost E-Design accepts no responsibility or liability for the content of any site included in any Roost E-Design item or set, or otherwise linked to by the Roost E-Design services, or for your use of such content. Roost E-Design reserves the right to remove any pictures or content without notice to you, any other user, or any third party.We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1 A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

2 A description of the copyrighted work claimed to have been infringed;

3 A description of the infringing material and information reasonably sufficient to permit Roost E-Design to locate the material;

4 Your contact information, including your address, telephone number, and email;

5 A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6 A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be emailed to ROOSTEDESIGN@GMAIL.COM

You understand that when using the Roost E-Design Website, you will be exposed to User Submissions from a variety of sources, and that Roost E-Design is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Roost E-Design with respect thereto, and agree to indemnify and hold Roost E-Design, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Content Linked to by Roost E-Design

The Website may contain links to third party websites that are not owned or controlled by Roost E-Design. Roost E-Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The items and sets that appear on the Roost E-Design Website are created by automated machinery and computers, and Roost E-Design cannot and does not screen the source sites or content before displaying them on the Website. An item or set may provide links and/or display images of sites and/or content that some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site linked to by Roost E-Design. By using the Website, you expressly relieve Roost E-Design from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Roost E-Design Website and to read the terms and conditions and privacy policy of each other website that you visit.

Design Services

Roost E-Design guarantees that each user will receive design recommendations based on the questionnaire, pictures, videos or other material submitted by the user. Design is inherently subjective, however, and you agree that Roost E-Design cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive on the ROOSTEDESIGN.COM site. Notwithstanding the foregoing, Roost E-Design will take such reasonable steps, in Roost E-Design’s sole discretion, to ensure your satisfaction, including but not limited to those measures set forth in our Refund Policy.

While Roost E-Design has made every effort to portray recommended products and their colors and materials in the most accurate way on the Website, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by House of Tulle LLC DBA Roost E-Design as an accurate portrayal of the actual color or material of the product. We also make efforts to estimate scale of your space based on photos provided, but can’t guarantee that all recommended products will fit your space-customers are asked to measure their space to ensure that items fit prior to purchasing.

While Roost E-Design will attempt to ensure that all retail product links are current in order to assist users with purchasing design materials, there is no guarantee that the furniture or accessories recommended by Roost E-Design will be available for purchase at all or within a specific time frame defined by the customer in their questionnaire. If prices are provided as part of the design service recommendation, there is no guarantee that the customer will find the article at the similar price when they order.

No material from ROOSTEDESIGN.COM may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on ROOSTE-DESIGN.COM, such as through links on ROOSTEDESIGN.COM to other websites or services. ROOSTEDESIGN.COM including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, messages, graphics, software and the HTML used to generate the pages (“Materials and Content”), is property of Roost E-Design.

Roost E-Design grants you a personal, limited, non-exclusive, non-transferable license to access ROOSTEDESIGN.COM and to use the information and services contained here. Roost E-Design reserves the right, for any reason or for no reason, in its sole discretion and without notice to you, to revise the products and services described on ROOSTEDESIGN.COM and to terminate, change, suspend or discontinue any aspect of the Web Site, including, but not limited to, the Materials and Content on the Web Site as well as features and/or hours of availability of Roost E-Design and Roost E-Design will not be liable to you or to any third party for doing so. Roost E-Design may also impose rules for and limits on use of the Web Site or restrict your access to part, or all, of the Web Site without notice or penalty. The content of the Web Site is for your general information and use only. Unauthorized use of this Web Site may give to a claim for damages and/or be a criminal offense.

For any dispute you have with Roost E-Design, you agree to first contact us (ROOSTEDESIGN@GMAIL.COM) and attempt to resolve the dispute with us informally. If Roost E-Design has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Roost E-Design agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ROOST E-DESIGN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Changes to Service

Roost E-Design reserves the right, without prior notice, to make changes to any service and/or product offered on this Website or to the applicable prices for any such service or product at any time. Pricing for product and services listed on ROOSTEDESIGN.COM are quoted in US dollars and are valid only in the US. All prices are subject to change. At times, simple assembly may be required for some furnishings on your price list. Refer to the manufacturer’s product manual for any questions you may have with the assembly of your furniture. Items in your shopping list are subject to availability per the vendor’s stock levels. Roost E-Design cannot guarantee availability or workmanship of product purchased from outside vendors.

Refund Policy on Paid Services

For paid design service questions, if you are not satisfied with your experience with Roost E-Design services, then you may ask for specific remedies to fix the situation by emailing ROOSTEDESIGN@GMAIL.COM. At Roost E-Design does not offer refunds on design services.

Disclaimer of Warranties

Roost E-Design disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Roost E-Design service pages. Roost E-Design disclaims any responsibility for the deletion, failure to store, wrong delivery, or untimely delivery of any information or material. Roost E-Design disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the ROOST E-DESIGN SERVICE.

THE ROOST E-DESIGN SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ROOST E-DESIGN SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ROOST E-DESIGN AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ROOST E-DESIGN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ROOST E-DESIGN SERVICES. ROOST E-DESIGN AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ROOST E-DESIGN SERVICES. ROOST E-DESIGN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROOST E-DESIGN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ROOST E-DESIGN SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROOST E-DESIGN SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ROOST E-DESIGN SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ROOST E-DESIGN OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE ROOST E-DESIGN SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN >IF ROOST E-DESIGN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ROOST E-DESIGN SERVICE, FROM INABILITY TO USE THE ROOST E-DESIGN SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ROOST E-DESIGN SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ROOST E-DESIGN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROOST E-DESIGN SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ROOST E-DESIGN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ROOST E-DESIGN SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ROOST E-DESIGN SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ROOST E-DESIGN SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Roost E-Design or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Roost E-Design.

2016 House of Tulle LLC DBA Roost E-Design.