Audrey Scheck Design, LLC
Last Revised on December 10, 2021
Services this ToU Covers
ASD is an interior design firm that offers interior design services, and an online shop whereby you can purchase interior items and furnishings from other third-party websites. This ToU applies to our online services, including our website www.audreyscheckdesign.com, online shop, social media accounts, and any future online services we develop. Please note that our interior design services are controlled by separate service agreements provided to you upon engaging us for such services.
Services This ToU Doesn’t Cover
Acceptance of ToU
We know these ToU’s 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 services after a change has occurred, you agree to be bound by our updated ToU.
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. All children between the ages of 13 – 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 Services regardless of having parental permission. Additionally, you must be authorized to use our services and enter into this ToU if you are acting on behalf of a company.
Online Shop Purchases & Affiliate Disclaimer
All purchases made through our online shop are processed directly through the online vendor. As such we cannot and do not guarantee quality, warranties, pricing or availability of items that we feature on our online shop. Additionally, while we only feature items in our online shop that we love, we may, at no extra cost to you, receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature.
General Intellectual Property & Grant of License to Use Online Services
Our online services contain content, such as the “ASD” name and logo, our website design, and our website code, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our online services, such as fonts and graphics. We do not make any claim of ownership to this 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 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.
You grant to Vital-Side a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or commentary posted on any third-party platform (including Instagram, Facebook and Google Reviews) that you make about ASD for our publicity and marketing purposes.
ASD respect’s the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Services infringes on another copyrighted work, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 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 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
ASD’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” ASD MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR 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 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 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 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 services;
You will not circumvent or hack any technology used by ASD to protect our services and our users;
You will not transmit any worms or viruses or any code of a destructive nature; and
You will not copy or fraudulently reproduce ASD’s content or violate our intellectual property rights.
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, OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. ASD WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF 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 SERVICES. IN THE EVENT THAT 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.
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 any breach by you of this ToU and any activity related to your engagement with our online services.
Privacy, Cookies, and Data Protection
ASD’s services are controlled, operated, and administered from our offices within the United States of America and 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 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 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 services, in whole or in part, to any geographic location or jurisdiction we choose.
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 SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY 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 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 any controversy or claim arising out of, or relating to services provided under this ToU, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. 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.
The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. 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 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. If an arbitrator determines a claim against ASD to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse ASD for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration 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 otherwise will not affect other users of ASD’s services.
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. However, we will do our best to let you know if there has been a substantial change in the ownership of ASD.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, 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
Audrey Scheck Design, LLC
Last Revised on December 10, 2021
Our Commitment to Online Privacy
We know these privacy policies can be tedious to get through. However, by continuing to use the services of ASD, you agree to let us use your information in the ways discussed in this Policy. For this reason, it is very important that you read this entire Policy.
Services This Policy Covers
This Policy applies to the online services owned by ASD, including our website, social media accounts and any future online services we develop.
Services This ToU Doesn’t Cover
What is Personal Information?
Personal Information is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address and credit card details are all considered personal information. Other information, such as your interests, economic status, customer number, IP address, geolocation, education, and job title may also be considered personal information if that information, when combined with other information, is used to reveal your identity.
Personal Information that ASD Collects
ASD only collects personal information from you when you voluntarily consent for us to collect and use it. You voluntarily consent for us to collect and use your personal information by:
Directly providing the information to us: In some circumstances, when interacting with our services, you may be asked to provide specific personal information so that we can help you with a particular inquiry, or you may give information to us on your own accord. When providing such information, you permit us to use such information to fulfill your requests and for our legitimate business purposes. Such information may include personal information such as your name, email address, phone number, credit card details, or residential address. For example, you consent for us to use the information you have provided when you reach out to us by email or our social media accounts, when you use any “contact us” form on our platforms, when you interact with our support or customer service teams, or when you comment on our social media posts. You should also be aware that the comments you make on our social media accounts may also be accessible to the public.
What About my Credit Card Information?
All purchases made through out online shop are processed directly through the third-party vendor. When making a purchase through such a third-party platform we cannot control how your credit card is processed and you are subject to such to the third-parties terms of service. For processing of interior design service payments, we only use PCI compliant payment processing software.
What About My Passwords?
While carrying out our services, there may be times where a password is required to access certain accounts such as when making a purchase with a third party vendor through our online shop or interacting via our social media platforms. These passwords are completely administered by the third-party vendor/platform and we do not have access to your passwords.
Cookies are small files that we transfer to your computer’s hard drive through your browser.
Types of cookies we use: We use both session cookies, that are erased once you exit your browser, and persistent cookies, that stay on your device for a set period of time or until you manually delete them.
Can I block cookies? Most browsers have an option to stop your computer from accepting cookies altogether or to stop certain types of cookies. If you decide to block cookies, our online services may operate a little strangely, since we rely on some cookies for our online services' functionality. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going the following links:
Digital Advertising Alliance - http://optout.aboutads.info/
You can learn more about cookies at www.allaboutcookies.org.
Reasons ASD Collects Personal Information
We NEVER collect your information for the purpose of selling, renting, trading or otherwise abusing it. We only use your personal information for our legitimate business purposes including but not limited to the following reasons:
To personalize our online features and content;
To fulfill or enforce a contract that you have entered into with us;
To help you efficiently access your information;
To allow non-affiliated third parties to provide additional services to you;
To improve, monitor, and test our Services and new products or features;
To prevent, investigate and address the misuse of our Services;
To learn about the types of people that are using our Services and how we can better market to those people;
To allow you to contact us;
To allow you to pay for Services;
To allow you to participate in social sharing;
To allow you to access and participate in our Services;
To respond to your inquiries and fulfill your requests;
To comply with law enforcement and other regulatory authorities; and
To communicate with you about our Services and features.
Sharing of Personal Information with Third Parties
Although we try to limit who we share your information with, there are situations where sharing is necessary for our legitimate business purposes. We share your information with third parties in the following ways:
Agents: Sometimes we need to use other trusted companies and individuals to help us provide Services. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your personal information for a particular task, but they do not have the right to use your personal information beyond what is necessary and must comply with our privacy practices.
Affiliate Third Parties: We may share information regarding your use of specific aspects of our Services with third party affiliates. For example, when you click on an affiliate link the affiliate is automatically notified about your navigation from our Service to the third-party vendor you are visiting, and they may receive other de-identified information such as your IP address and click activity. If you buy a product after following an affiliate link, we may earn a commission.
New Owners: In the event that ASD is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We will give you notice before there is a substantial change in our ownership and before any transfer of your personal information occurs.
Third-Party Software and Apps: We use a number of third-party software and apps to make our jobs a little easier. Some personal information may be stored, processed, or shared with these apps.
Law Enforcement: We may sometimes be required to share your personal information with law enforcement. We will only share your information when we believe, in good faith, that sharing your information is necessary to protect our business or our clients or we are obligated under the law to provide such information. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Services has occurred, or where our property or safety, or a client’s property or safety, is at risk. In fraud cases, we may also be required to share your information with investigatory authorities and banks.
Emails you can opt out of: We may at times send your emails to keep you updated on what is happening with our business and new Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt-out of these emails by simply clicking ‘unsubscribe.
Emails you will not be able to opt out of: There are some important emails from ASD that you will not be able to opt out of. For example, we may notify you that updates have been made to this Policy or in the unlikely event that our security safeguards have been breached.
Personal Information Retention and Your Rights
ASD only keeps your information for as long as necessary to provide our services and in accordance with our legal obligations. Depending on your residency, under the law (such as the California Consumer Privacy Act and General Data Protection Regulation, you may also have the right to request at any time for us to:
Give you access to any personal information that we have processed;
Correct any personal information that may have been incorrectly processed;
Delete your personal information from our storage systems;
Transfer your personal information to another service, when technically feasible; and
Stop using your personal information in specific ways, by withdrawing the consent you have given us.
Regardless of whether we are obligated under the law or not, if you would like for us to do any of the above, you can contact us using the information provided at the end of this Policy. We will make best efforts try to fulfill your requests. However, sometimes we may be required to retain your information in order to comply with our administrative, legal and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some information for law enforcement purposes such as fraud monitoring, detection, and prevention. Additionally, we reserve the right to de-identify your data by removing identifying details, rather than delete it completely.
Where Your Information is Processed and Stored
ASD is a business that is formed and operated in the United States. However, in addition to storing information directly onto our hard drives, we also use some third-party cloud storage systems and apps to ensure that your information isn’t lost. These third parties may store and transfer your information outside of the United States. In certain situations, the courts, law enforcement agencies, regulatory agencies or security authorities in those countries might be entitled to access your personal information.
Liability for Third-Party Software, Apps & Services
We always use our best efforts to pick reputable third-party software, platforms, services and apps. However, we do not control such third parties and are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.
Keeping Your Information Safe
We are committed to protecting your personal information and have physical, electronic and managerial systems and procedures in place to help safeguard your information. Unfortunately, no system can guarantee complete security. Third-party viruses or security failures may result in your personal information being compromised. You can help prevent unauthorized access to your information by using antivirus software, creating strong passwords and limiting access to your personal computer. In the unlikely event that your personal information is compromised due to a security breach on our end, we will notify in accordance with the law as soon as reasonably possible.
Protection of Children
Our online services are not directed, or intended, for children under the age of 13 years. We do not knowingly collect personal information from anyone under this age limit and delete this information as soon as we become aware of it. 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. Additionally, in order to purchase any of our products you must be over the age of 18.
Changes Made to This Policy
We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our services after the policy changes, you allow us to use your information in the way we describe in our updated policy.
We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot come to an agreement, by using our online services, you agree to binding arbitration, rather than formal court proceedings, to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US, PLEASE READ THESE TERMS CAREFULLY.
Additional ToU Terms
This Policy and our ToU represents the entire and exclusive agreement between ASD and our users. All previous written and oral agreements and communications related to the subject matter of this Policy and our ToU are superseded