Terms of Use

Last Revised on November 7, 2013

Welcome to The Guildery and our web site guildery.com. This site and the services available on it are provided by The Guildery Inc. Like most providers of online sites and services, we offer their use to you under a set of Terms of Use that help us reduce legal costs and invest in providing you with lower prices and better service. These Terms of Use are stated below, and your use of the site and services indicates that you agree to abide by them.

1. REVISIONS. The Guildery Inc. (referred to herein as "Guildery") may revise these Terms of Use at any time by providing the revised terms and a notice of revision at www.guildery.com. Any such revision will be immediately binding on all future activity related to your use of www.guildery.com (referred to herein as the "Site") and the services made available to you (referred to herein as the "Services").

2. ACCOUNT INFORMATION. When you open an account to use the Services, you will be asked to provide a functioning email address. When you place an order, you will be asked to provide a mailing address and payment details. You agree to provide accurate and truthful information and to maintain your account solely for your own use. All information that you provide will be subject to Guildery's Privacy Policy, which can be found at www.guildery.com/privacy.

3. PROHIBITED USES. You will not: (i) access the Site or Services with malicious intent toward us, other users, or the companies whose products are found at the Site; (ii) access data or other content other than as it is provided to you through a standard web browser interface; (iii) attempt to use data or other content for any purpose other than the use of the Site and Services; (iv) redistribute the Site or Services; (v) reverse engineer the software that underlies the Site and Services; or (vi) interfere with the functioning of the Site or Services.

4. USER CONTENT. The Site and Services may provide you with the opportunity to upload content, such as photographs and room designs ("Content"). You grant Guildery a non-exclusive, perpetual, transferable, sub-licensable license to copy, distribute, publicly perform, publicly display, and make derivative works of the Content for the purpose of providing the Site and Services (subject to the terms of the Guildery Privacy Policy), and you warrant that you hold all rights necessary to grant this license.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. Your use of the Site and Services is at all times governed by and subject to laws regarding the use of intellectual property, such as U.S. Copyright Law. You agree to comply with all such laws. In compliance with the Digital Millennium Copyright Act ("DMCA"), Guildery has established notice and takedown procedures for copyrighted information. If you have a good faith belief that a copyright held by you is being infringed by content at the Site, and you wish Guildery to remove that content, you can provide notice by sending all of the following to us at [email address]: (a) a physical or electronic signature of the owner of the copyright (or a person authorized to act on the owner's behalf); (b) a description of the copyrighted work; (c) a description of the infringement, including an identification of where on the Site the infringing material can be found; (d) information that will allow Guildery to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is infringing; and (f) a statement, under penalty of perjury, that the information in the notification is accurate.

6. NO WARRANTIES. THE SITE AND SERVICE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITH GUILDERY DISLCAIMING ALL WARRANTIES, INCLUDING THE OTHERWISE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUILDERY BE LIABLE FOR ANYTHING OTHER THAN ACTUAL DIRECT DAMAGES (THEREBY EXCLUDING, FOR EXAMPLE, SPECIAL, INCIDENTAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GUILDERY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

8. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUILDERY BE LIABLE FOR DAMAGES EXCEEDING THE TOTAL AMOUNT OF PURCHASES MADE BY YOU THROUGH THE SERVICES.

9. MANDATORY ARBITRATION OF DISPUTES. DISPUTES BETWEEN YOU AND GUILDERY WILL BE DECIDED THROUGH BINDING ARBITRATION, CONDUCTED ON AN INDIVIDUAL (RATHER THAN A CLASS) BASIS. AS SUCH, YOU WAIVE THE RIGHTS TO HAVE DISPUTES DECIDED ON A CLASS BASIS, TO HAVE DISPUTES HEARD IN COURT, AND TO HAVE DISPUTES DECIDED BY A JURY. ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (A NOT-FOR-PROFIT ORGANIZATION THAT PROVIDES ALTERNATIVE DISPUTE RESOLUTION TO INDIVIDUALS AND ORGANIZATIONS). FOR ALL CLAIMS TOTALING LESS THAN $10,000, GUILDERY WILL REIMBURSE YOU FOR ANY PART OF THE FILING, ADMINISTRATION, AND ARBITRATOR FEES THAT YOU WOULD OTHERWISE BE REQUIRED TO BEAR OVER AND ABOVE THE COSTS OF PURSUING THE SAME CLAIM IN COURT, AND WE WILL NOT SEEK AN AWARD OF ATTORNEYS' FEES OR COSTS UNLESS THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS.

10. GOVERNING LAW AND FORUM. DISPUTES WILL BE HEARD IN SAN FRANCISCO COUNTY, CALIFORNIA. YOU WILL HAVE THE RIGHT TO PARTICIPATE IN ANY ARBITRATION HEARING BY TELEPHONE. ARBITRATED DISPUTES WILL BE CONDUCTED ACCORDING TO THE PROCEDURAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BUT THIS AGREEMENT WILL CONTROL IN THE EVENT OF ANY CONFLICT BETWEEN THOSE RULES AND THE TERMS EXPLICITLY PROVIDED HEREIN. DISPUTES WILL BE DECIDED BY THE ARBITRATOR UNDER THE SUBSTANTIVE LAWS OF THE UNITED STATES AND CALIFORNIA, INCLUDING THE FEDERAL ARBITRATION ACT.

11. INDEMNIFICATION. You will indemnify and hold harmless Guildery, other users, and the companies whose products are found at the Site from any claim arising from your acts or omissions, including your breach of any of these Terms of Use.

12. THIRD PARTY SITES AND SERVICES. The Site or Services may link to the sites and services of third parties. Because Guildery has no control over the content and performance of these third party sites and services, Guildery makes no guarantees regarding them and assumes no responsibility for your interaction with them.

13. SEVERABILITY. If, for whatever reason, a court or arbitrator of competent jurisdiction finds any term or condition in these terms of use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

14. WAIVER. No waiver of a breach of a provision of these terms of use shall constitute a waiver of a prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. NO LICENSE. Nothing contained on the Site or Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Guildery or by any third party.

16. COMPLETE AGREEMENT. These Terms of Use are the complete agreement between you and Guildery with regard to your use of the Site and Services, and you agree that your use is not based upon reliance on any representation not included in these Terms of Use.