Last Revised on October 24, 2024

This Terms of Use Agreement (the “ToU”) is made between Audrey Scheck Design LLC (“ASD,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”). 

 

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU. 

 

Acceptance of ToU

We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing. 

 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU. 

 

Online Services this ToU Covers

ASD is an interior design firm that offers design and renovation services, an online shop featuring third-party affiliate links where you can shop some of our favorite items (the “Shop”), and a blog where you can browse and comment on a variety of posts featuring our projects, adventures, and collections of our most coveted items (the “Blog”). This ToU applies to our online services, including our website, www.audreyscheckdesign.com (the “Site”), and any future online services we develop, including social media pages (collectively the “Online Services”). This ToU is effective from the date you start using our Online Services and will continue until you cease using our Online Services.

 

Services This ToU Doesn’t Cover

We may, at times, link to the websites and services of other brands or partners that we love. When you click on one of these links, you are leaving ASD, and this ToU no longer applies. The way third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services, such as Google, Instagram, or Facebook, you agree to their service policies, and this ToU is, in addition to, not in place of such agreements. 

 

Conditions Before You Access Our Online Services

Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company. 

 

User Accounts

We don’t require you to have a user account to browse our Online Services. However, you can create a user account to access certain features of our website including commenting on our Blog. All passwords created via our website are encrypted, meaning we do not have access to your password. There may also be times when a password is required to access other certain accounts, such as when you are interacting via our social media platforms, when you make a purchase with a third-party affiliate, or if you choose to create an account on our site through the use of a third-party account, such as Google (the “Third-Party Accounts”). We have no control over Third-Party Accounts or the personal information requested by these third parties. The third-party platform/vendor completely administers these Third Party Accounts, and we do not have access to such passwords.

 

Suspension and Termination of Access to Online Services

• Involuntary Suspension or Termination of Access to Online Services

We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to prevent access to our Online Services, including your user account, at any time for any reason. 

 

• Voluntary Termination of User Accounts

You are free to delete your user account at any time voluntarily. If you created a Third- Party Account, your account may be terminated by contacting the third party directly. 

 

Affiliate and Commission Disclaimer

While we only feature third-party items and services in our Online Services that we love, we may receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature.

 

Pricing, Billing & Availability

All purchases made through our Blog and Shop are set and processed directly through the online third-party vendor. Therefore, we cannot and do not guarantee pricing or availability of items that we feature. As such, advertised prices are not guaranteed until a purchase has been made and you have received a confirmation email of such purchase. All credit card payments for said purchases are also processed through these third-party vendors; this means we never personally see or store your credit card information when you make an online purchase of a product promoted through the Blog or Shop. Prices advertised may be subject to taxes and shipping costs which may be calculated after checkout.

 

Shipping & Returns 

All product purchases made through our Blog and Shop are subject to the shipping, return, and exchange policies of the online third-party vendor. Therefore, we cannot and do not control shipping, returns, and exchanges in connection with these items.

 

Publicity 

We love showing others how our Online Services are enjoyed by our customers! When you post a public review, post, or comment on our website or on a third-party platform (including Instagram, Facebook, and Google Reviews), you grant to ASD a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any such public reviews, posts, or comments that you make about ASD for our publicity and marketing purposes. 

 

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.

 

Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as the “ASD” name and logo, descriptions, our website design, our website code, videos, and photos are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights to such content. We may also use some open source and licensed third-party content in our Online Services such as fonts, photos, and graphics. We do not make any claim of ownership to third-party content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. ASD does not grant or transfer any other rights, title, or interest to you other than the following limited license: ASD grants to you a limited, non-exclusive, non-transferable, revocable license to access and use ASD's Online Services for non-commercial personal purposes only. ASD reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU. For purposes of clarity, you must not appropriate, exploit, adapt, recreate, reproduce, publish, or distribute any current, past or future website content, in any form or media, unless we have signed an agreement with you stating otherwise.

 

Guidelines for Content You Upload 

We look forward to seeing your comments on the Blog and other interactions on our Online Services, including but not limited to text, writings, video, audio, photographs, graphics, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Online Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. The purpose of these Contributions is to facilitate a community. To ensure that these Contributions are enjoyable for everyone, we have established some ground rules to follow, and by making a Contribution, you agree to comply with these terms:

 

• Please don’t: 

  • Post content to spam or send unsolicited commercial posts;

  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;

  • Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

  • Post content that is false, inaccurate, or misleading;

  • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or

  • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

 

• Please do:

  • Give constructive feedback on how we can improve our Online Services;

  • Ask questions about a post or another comment;

  • Network and make friends; and

  • Be a nice human!

 

We do not have any ownership rights in your Contributions. However, by posting a Contribution, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce the Contribution(s) in any media format through any media channel now existing or developed in the future. We will not be liable for any Contributions and have no obligation to monitor them. However, we reserve the right to edit, delete, or otherwise change any Contributions at any time and for any reason, without notice. 

 

Copyright Policy & DMCA Claims

ASD respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringes on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to audrey@audreyscheckdesign.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

 

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a 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

• 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 agent permitted to act on the copyright owner’s behalf.

 

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

 

Representations and Warranties

• ASD's Representations and Warranties

OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” ASD MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, ASD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. ASD DOES NOT WARRANT THAT USE OF ASD’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. ASD IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. 

 

• User Representations and Warranties

By using ASD’s Online Services, you represent and warrant that:

• You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

• You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;

• You have read and agree to this ToU and will not use ASD’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

• You will not try to reverse engineer our site or software to circumvent access to our Online Services; 

• You will not circumvent or hack any technology used by ASD to protect our Online Services and our users;

• You will not transmit any worms or viruses or any code of a destructive nature; 

• You will not copy or fraudulently reproduce ASD’s content or violate our intellectual property rights; and

• You will not modify another website so as to falsely imply that it is associated or affiliated with ASD or our Online Services.

 

Limitation of Liability

IN NO EVENT WILL ASD BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. ASD WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ASD UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO ASD FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, ASD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND ASD. 

 

Indemnification 

You agree to indemnify and hold ASD harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU, and any activity related to your engagement with our Online Services.

 

Release 

You hereby release and forever discharge ASD (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to ASD, the ASD Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

 

International Users

Please note that our Online Services are controlled from our offices within the United States of America and, though the Online Services may be hosted outside of the United States of America, are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access ASD’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose. 

 

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY ASD. 

 

• Letting Us Know About Complaints

At ASD, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about ASD’s Online Services, please reach out to ASD to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

 

• Mandatory Binding Arbitration

If a dispute arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, the parties agree to attempt to settle the dispute with the help of a mutually agreed-upon Travis County, Texas, mediator. Each party will bear their own mediation costs unless otherwise expressly agreed upon by both parties. The parties must mediate in good faith until a settlement is reached or the mediator declares an impasse has been reached. If a settlement is not achieved through mediation, the dispute must be settled by binding arbitration administered by the American Arbitration Association (AAA) in San Antonio, Texas, per its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”). Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. 

 

• Prevailing Party

If an arbitrator or court of law determines a claim against ASD to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse ASD for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

 

• Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against ASD will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of ASD’s Online Services. 

 

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of ASD. ASD reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the ASD business or assets. 

 

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses. 

 

Waiver and Severability

No waiver by ASD of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible. 

 

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU and our Privacy Policy are to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

 

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between ASD and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any interior design service agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

 

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or ASD’s services in general, just reach out! We would be more than happy to explain.  

 

audrey@audreyscheckdesign.com

(512) 791-1477

7509 Menchaca Road Suite 201

Austin, TX 78745