Terms Of Use

Your use of the web sites, apps on which these terms reside and text message service (including the SMS Program) (collectively, the “Platform”), and the features at this Platform are subject to these Terms of Use (this “Agreement”), which sets forth a legally binding agreement between you and Living Spaces Furniture, LLC (“Living Spaces”). Please carefully read this Agreement, as well as our Privacy Policy, before using this Platform. If you do not agree to the terms contained in this Agreement, then you may not use the Platform. Your use of the Platform constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. This includes, but is not limited to, conducting a transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, text messaging terms, and a choice of California law. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Platform.

From time to time Living Spaces may update this Platform and this Agreement. Your use of this Platform after Living Spaces posts changes to this Agreement constitutes your agreement to those changes effective immediately and prospectively from the date of such changes. Living Spaces may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and Living Spaces will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.

YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN LIVING SPACES' SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.

Use of the Platform

The following requirements apply to your use of the Platform:

• You will not use any electronic communication feature of the Platform for any purpose that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Living Spaces.
• You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• You will not collect or store personal data about other users.
• You will not use the Platform for any commercial purpose not expressly approved by Living Spaces in writing.
• You will not upload, transmit, email, post, or otherwise communicate any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication, including but not limited to any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• You will not upload, post, email, include in any messages or otherwise transmit any material that contains viruses, corrupted files, software, links to other sites or any other computer code, files, or programs which might adversely affect, interrupt, limit, or interfere with the functionality of Living Spaces'system or any third party's computer. You further agree that you will not share or post any content that undermines the operation of the Platform.

Informal Dispute Resolution

Living Spaces will try to resolve any disputes in good faith prior to any small claims process or formal arbitration. Prior to submitting any dispute to small claims court or arbitration for resolution, you agree to make a good faith effort to resolve the matter informally with Living Spaces. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at Living Spaces, 14501 Artesia Blvd., La Mirada, California 91108, Attention: Legal Department, providing details of the dispute, including the nature of the dispute, the basis for your claims, and the resolution that you are seeking (with any monetary amount, if any). Within the sixty (60) days following our receipt of this written notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in at least one telephone call with us. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date Living Spaces receives your notice. If the dispute is not resolved within such sixty (60) day period (which period can be extended by agreement of the parties), you or we may proceed to small claims court or commence an arbitration (as the case may be) to resolve the dispute consistent with the process set forth below. Completing this informal dispute resolution process is a condition precedent to proceeding to small claims court or commencing an arbitration (as the case may be). A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Small Claims, Arbitration and Waiver of Certain Rights

Any dispute falling within the jurisdictional scope and amount of an appropriate small claims court must be asserted in small claims court on an individual (non-class, non-representative) basis in accordance with the terms of this Agreement.

Subject to compliance with the informal dispute resolution process as detailed above and except for small claims matters and except as set forth below, you agree that any controversy or claim (a “Claim”) arising out of or relating to the Platform, use of the Platform, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties. Any such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the applicable Consumer Arbitration Rules of the AAA (“AAA Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be determined by a single arbitrator and such arbitrator shall be selected pursuant to the AAA Rules. The parties agree that the arbitration proceedings will be kept confidential, and that the existence of the proceeding and any related element will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of governmental agencies, or as specifically permitted by state law. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate any Claims, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.

If the informal dispute resolution process detailed above does not resolve a Claim, to begin an arbitration proceeding, you must send an individual letter signed by you requesting arbitration and describing your Claim at Living Spaces, 14501 Artesia Blvd., La Mirada, California 91108, Attention: Legal Department. This letter must be sent (via certified mail) at least five (5) business days before you initiate an arbitration proceeding against Living Spaces.

The fees and costs of the arbitration will be borne by the parties' according to the AAA's Consumer Fee Schedule. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Living Spaces will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with Living Spaces initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Living Spaces shall be entitled to arbitrate their dispute.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. EXCEPT AS DESCRIBED UNDER “MASS ARBITRATION PROCESS REQUIREMENTS,” THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN A COURT ACTION (OTHER THAN SMALL CLAIMS), RIGHT TO A JURY TRIAL, RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Mass Arbitration Process Requirements

If, at any time, twenty-five (25) or more similar claims (including your claim) are asserted against Living Spaces at or around the same time by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you agree that the resolution of your claim may be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules.

Dispute Notice and Informal Dispute Resolution. Before proceeding to mediation and arbitration as described below, each Mass Filing claimant must first send a letter with claimant's name, address, contact information, description of the claim and the facts giving to the claim, and the relief requested (the “Dispute Notice”). The letter must be sent via certified mail and addressed to Living Spaces, 14501 Artesia Blvd., La Mirada, California 91108, Attention: Legal Department. In the case of a Mass Filing, claimants may comply with this paragraph by submitting a single, consolidated Dispute Notice, provided that the Dispute Notice sets forth individualized information about each claimant required by this paragraph. Within the sixty (60) days following our receipt of this Dispute Notice, Mass Filing claimants agree to engage in good faith efforts to resolve the dispute with Living Spaces. Completing this informal dispute resolution process is a condition precedent to commencing the mediation process as described below.

Pre-Arbitration Mediation. If Living Spaces and the Mass Filing claimants do not reach an agreement to resolve their disputes within such sixty (60) day period after the Dispute Notice(s) are received, the next step is a mediation between claimants and Living Spaces. The mediation will be conducted as a single, global mediation of all claimants' claims. Each claimant may elect to be represented by counsel in lieu of appearing at the mediation, provided that each such claimant gives their counsel full settlement authority for the purpose of the mediation. Claimants and Living Spaces will split equally the mediator's fees. Claimants and Living Spaces will make every effort to agree on a mutually acceptable mediator; provided that in the event the parties are unable to agree, the mediator will be selected by the AAA from its National Roster of Mediators. Completing this mediation is a condition precedent to initiating arbitration.

If the Mass Filing claimants and Living Spaces are unable to resolve their disputes through the mediation process described above, you may then proceed to the arbitration procedures outlined below. You agree that in connection with initiating arbitration you must submit to the AAA a certification that you have complied with and completed the Dispute Notice and both the informal dispute resolution process and pre-arbitration mediation process describe above. Claimants' counsel may sign the certification on behalf of claimants, provided that claimants' counsel has received written consent to sign from each claimant and signs the certification under penalty of perjury. Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.

Mass Filing Arbitration. If the parties are unable to resolve their disputes following the informal dispute resolution and pre-arbitration mediation processes described above and following certification to the AAA in accordance with the preceding paragraph, twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Living Spaces. The remaining claims shall not be filed or deemed filed in arbitration and no AAA fees shall be assessed in connection with those remaining claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. The arbitrator will have discretion whether to consolidate the claimants' claims for the purposes of the arbitration hearing or to hear each claimant's claims separately. The arbitrator will issue a written, reasoned decision for each such case. If the arbitrator determines that any claimants' claims are frivolous or brought in bad faith, the arbitrator shall award damages to Living Spaces which may include, but are not limited to, the amount of any mediation fees, arbitration fees, and other fees or costs (including reasonable attorneys' fees) that Living Spaces incurred in connection with said claims. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which claimants and Living Spaces will split equally the mediator's fee.

If the parties are unable to resolve the remaining claims through mediation at this time, then another twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Living Spaces. If there are fewer than twenty (20) claims remaining, all shall proceed. The remaining claims shall not be filed or deemed filed in arbitration and no AAA fees shall be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. The arbitrator will have discretion whether to consolidate the claimants' claims for the purposes of the arbitration hearing or to hear each claimant's claims separately. The arbitrator will issue a written, reasoned decision for each such case. If the arbitrator determines that any claimants' claims are frivolous or brought in bad faith, the arbitrator shall award damages to Living Spaces which may include, but are not limited to, the amount of any mediation fees, arbitration fees, and other fees or costs (including reasonable attorneys' fees) that Living Spaces incurred in connection with said claims. If the parties are unable to resolve the remaining claims after the conclusion of the additional twenty (20) proceedings as part of the second batching process, the parties shall participate in another global mediation session before a retired state or federal court judge, for which claimants and Living Spaces will split equally the mediator's fee.

If the above mediation fails to resolve the remaining claims, the parties will proceed to the "Claims Administration" phase. In this phase, a different arbitrator (the “Final Arbitrator”) than the arbitrator(s) that decided the first and second batch of arbitrations will determine how the decisions from those arbitrations should be applied to each of the remaining claimants' claims. The appropriate fees for administering this process will be determined in consultation with AAA and the Final Arbitrator. The Final Arbitrator may treat the decisions from the first and second batch of arbitrations as legally binding and res judicata as to all remaining claimants. The parties will work together in good faith to stipulate to how the decisions from the first and second batch of arbitrations should be applied to claimants or groups of claimants, and the parties will submit any such stipulations to the Final Arbitrator. To the extent any such stipulations fully resolve remaining claimants' claims, the Final Arbitrator will be authorized to issue a written award to those claimants on the basis of said stipulations without the need for those claimants to formally initiate an arbitration.

If there are any disagreements between the parties as to how the remaining claimants' claims should be decided, or the amount of an appropriate award, in view of the decisions from the first and second batch of arbitrations, those disputes will be submitted to the Final Arbitrator for decision. The parties will be free to submit briefing, argument, and evidence to the Final Arbitrator on any legal or factual issues that may affect whether specific claimants or groups of claimants are entitled to a recovery and/or the appropriate amount of any such recovery. The Final Arbitrator will decide the appropriate award (if any) for each remaining claimant by applying ordinary legal principles and case law, i.e., the Final Arbitrator will follow the decisions from the first and second batch of arbitrations in determining the appropriate recovery for each remaining claimant, but will be free to distinguish such decisions and to resolve issues not addressed by such decisions when legal or factual issues warrant. The Final Arbitrator will award each such claimant, if applicable, a recovery that is determined based on the merits of that claimant's claims in view of the binding and res judicata nature of such prior decisions. If the Final Arbitrator determines that any claims are frivolous or brought in bad faith, the Final Arbitrator shall award damages to Living Spaces in the amount of any mediation, arbitration, and other fees or costs (including reasonable attorneys' fees) that Living Spaces incurred to adjudicate said claims.

Awards (if any) will be paid after completion of the entire process described above. Any applicable statute of limitations on claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Living Spaces. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," the parties agree that your and our counsel shall engage in good faith and with the assistance of a process arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Communicating with Living Spaces

On certain areas of the Platform you may be given the ability to contact Living Spaces by electronic mail, for example, to sign up for services such as e-mail notifications, text notifications and messages and newsletters about Living Spaces products, or to register for a particular sweepstakes or contest. The information that you provide to Living Spaces through the Platform is governed by Living Spaces' Privacy Policy.

By using the Platform, you acknowledge and agree that any materials, ideas or other communications you transmit to Living Spaces in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Living Spaces may be used by Living Spaces anywhere, anytime, and for any reason whatsoever.

If you are a trademark or copyright owner and you believe that your rights have been violated, please go to our Propriety Rights Complaint page and follow the instructions there.

Text Messaging

Living Spaces offers a recurring SMS text messaging program (the “SMS Program”). By submitting your mobile phone number and opting in to receive text messages (e.g., by clicking a button or filling out a form in an e-mail), you are consenting to receive text messages from Living Spaces, including by automated means, for both non-marketing purposes, including messages about transactions with Living Spaces such as furniture purchases and related deliveries, and also for advertising, marketing, sales and promotional purposes, including cart/browse reminders and messages related to information and news about Living Spaces furniture items, promotions and sales and other special events offered by Living Spaces (any such text messages, “Texts”). The frequency of such Texts that you receive will vary.

By consenting to receive Texts, you accept and agree to be bound by, these Terms of Use and our Privacy Policy.

Your consent to receive Texts is not a required condition of purchasing our products and/or services. You may also opt-out of receiving Texts at any time by replying to a Text with the word STOP. Please note that if you unsubscribe from advertising, marketing, sales and promotional messaging via text from our Living Spaces marketing SMS code, you may continue to receive messages about specific transactions with Living Spaces such as furniture purchases and related deliveries from 909-316-2286, 855-437-5959, and short code 57430 if you provided separate consent for such delivery notifications; to opt-out of such furniture purchase and related delivery notifications, you can separately reply to such a Text at any time with the word STOP. For support, reply to a Text with the word HELP. Message and data rates may apply, depending on your text plan and carrier. Consult your wireless service provider for information about your pricing plan. Carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

If we collect any information in connection with the SMS Program, that will be disclosed and used in accordance with our Privacy Policy.

If you need any assistance with the SMS Program, please contact us at 877-266-7300.

Mobile Service, Internet, and Service Fees

The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from Living Spaces, your mobile carrier or third party service providers. IF YOU DO NOT HAVE AN UNLIMITED WIRELESS MOBILE DATA PLAN, YOU MAY INCUR ADDITIONAL CHARGES FROM YOUR WIRELESS SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY ADDITIONAL SUBSCRIPTION OR CONNECTIVITY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO PAYMENT OF ALL THIRD PARTY FEES ASSOCIATED THEREWITH, INCLUDING FEES FOR INFORMATION SENT TO OR THROUGH THE PLATFORM.

The Platform may not work with all computers, browsers, devices or all mobile carriers. Living Spaces makes no representations that the Platform will be compatible with or provided by all computers, browsers, devices, or mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Some functionality of the Platform, including mobile payment and location based services and functionality may require the transmission of information provided by the user including, without limitation, user names and passwords, addresses, e-mail address, photos, financial information (such as credit card numbers), and/or GPS location. If the user uses such Platform functionality, the user consents to the transmission of user information to Living Spaces and/or its agents and authorizes Living Spaces and/or its agents to record, process, and store such user information as necessary for the Platform functionality and for purposes described in the Living Spaces Privacy Policy.

Accounts, Passwords, and Security

If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Living Spaces with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, and all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Living Spaces immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Living Spaces is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Living Spaces shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.

Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You agree that Living Spaces and Living Spaces' third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant Living Spaces the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Living Spaces believes you may be interested, including working with third parties who provide targeted advertising content.

Transactions and Product Availability

Through the Platform, you may be able to order and/or pay for Living Spaces or third-party products or services (collectively “Products or Services”). Your purchase of these products is subject to these Terms, as well as the applicable Store Policies. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Living Spaces reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you or on your behalf, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. Availability of items and customization options vary by location

ANY PRODUCTS OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Living Spaces card numbers. You may also be asked to supply shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Living Spaces and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Representations, Disclaimer of Warranties, and Limitations of Liability

Living Spaces and its officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Living Spaces Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Living Spaces or the Living Spaces Affiliates.

Living Spaces and the Living Spaces Affiliates are not responsible for any resulting damage to any user's device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Living Spaces or the Living Spaces Affiliates any information or posting information to the Platform. Living Spaces and the Living Spaces Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.

THE PLATFORM (INCLUDING ALL PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. LIVING SPACES AND THE LIVING SPACES AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT. LIVING SPACES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY PLATFORM UPDATES) WILL BE CORRECTED. No oral or written information or advice given by Living Spaces or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.

YOU AGREE THAT LIVING SPACES AND THE LIVING SPACES AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PLATFORM, THE CONTENT, AND/OR ANY MESSAGES; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PLATFORM; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LIVING SPACES, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS, OR INACTIONS OF PLATFORM USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PLATFORM USERS, EVEN IF LIVING SPACES OR THE LIVING SPACES AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM OR ITS RELATED INFORMATION OR PROGRAMS.

THE PLATFORM MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LIVING SPACES DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS, OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL LIVING SPACES OR THE LIVING SPACES AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Links to Third-Party Sites and Services

The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners and consumer financing. The Platform may allow you to add/configure certain Third-Party Services to your device. Living Spaces has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

If you use Third-Party Services, you agree that you are aware that account and other personal information held by those third parties may be transmitted through and stored on Living Spaces servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Living Spaces is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

Assignment

Living Spaces may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.

General

BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM, AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LIVING SPACES AND THE LIVING SPACES AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LIVING SPACES' DEFENSE OF ANY CLAIM. LIVING SPACES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF LIVING SPACES.

This Agreement constitutes the entire agreement between you and Living Spaces governing your use of the Platform, superseding any prior agreements between you and Living Spaces relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. The failure of Living Spaces to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

By using the Platform, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws principles, will apply to all matters relating to use of the Platform and the Services, and you agree that any litigation not subject to the binding arbitration provision provided herein shall be subject to the exclusive jurisdiction of the state or federal courts in California. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.

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 Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

You acknowledge and agree that your use of the Platform may involve you providing an “electronic signature” indicating your desire to use the Platform. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. If you wish to receive communications in another manner, you may contact Living Spaces at (877) 266-7300 to change your communication preferences.

In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Living Spaces at (877) 266-7300 or at the following address: Living Spaces, 14501 Artesia Boulevard, La Mirada, California, 90638.

Both you and Living Spaces acknowledge and agree that no partnership is formed and neither of you nor Living Spaces has the power or the authority to obligate or bind the other. On certain areas of the Platform, you may be given the ability to provide personally identifiable information. Please read Living Spaces' Privacy Policy for more information about Living Spaces' information collection and use practices. The failure of Living Spaces to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, territorial, or local governmental authorities, or for any other reason beyond the reasonable control of Living Spaces, shall not be deemed a breach of this Agreement.

If this Agreement or your permission to use the Platform is terminated by Living Spaces for any reason, the terms of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Platform and anything relating to or arising from such use. If you are dissatisfied with this Platform or with this Agreement or the Privacy Policy, then your sole and exclusive remedy is to discontinue using this Platform.

Users of the Apple Mobile App Platform

If you download and/or use the iPhone or iPad Platform: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Living Spaces and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the “Licensed Platform” as defined in the LAEULA and Living Spaces is considered the “Platform Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Platform.

Mobile App Platform Updates

Living Spaces may make available for download certain Platform updates or upgrades to the Platform to update, enhance, or further develop the Platform (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Platform on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by Living Spaces.

Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Platform, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of Living Spaces and its licensors of the Platform and Platform Updates. The Platform and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.