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The following terms of use, (these “Terms”) are entered into by and between you and ELAN DESIGN LLC. (“Elan Design,” “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website, https://www.elan.design along with any other products or services offered by us, whether through the website or otherwise.

 

Access to services

By accessing the services, you warrant that:

You are legally capable of entering into binding contracts;

All registration information you submit is truthful and accurate;

You will maintain the accuracy of such information;

and your use of the services and/or products does not violate any applicable law or regulation.

You agree that all information that you submit is accurate and truthful and you have the right to post the content on our services and products and grant a license to Elan Design.

You agree that you are not permitted to resell any services, products, or advise provided by Elan Design for commercial purposes.

 

Third Party Payment Processor

Our obligation to provide services / products only comes into being when we take receipt of your purchase. You agree not to hold us responsible for banking charges incurred due to payments on your account.

 

Intellectual Property

Our content, logo, visual design, trademarks, writings are our exclusive property.  You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit our artwork, content, code, data, or materials. If you make other use of the services, products, artwork, content, code, data, or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

 

Warranty Disclaimers; Limitation of Liability

In no event will Elan Design be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with your use of the service or products, including without limitation, bodily injury, emotional distress, and/or any other damages.

 

You assume all risk when engaging the services of any other user and in connection with using the Service, including but not limited to any risks associated with obtaining services from Elan Design or providing any services to any client, including all risks of physical or emotional injury or harm resulting any way or arising out of installation services or clients obtained through our services and products.

 

All users, including clients and designers, hereby expressly agree not to hold Elan Design liable for any installation, instruction, advice, or services delivered and the released parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to our services and products.

 

Indemnification

You agree to defend, indemnify and hold harmless Elan Design, its affiliates, service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the services or your use of any information obtained through the services.

 

Item Accuracy

We make no representations about accuracy, reliability, completeness, or timeliness of any data or Items or services from a third-party service provider or Trade Account or the quality or nature of third-party products or services obtained through our services. The Company makes no representations that the items depicted on our website or on a third party or Trade Account’s website will accurately, reliably, or completely reflect the actual Item purchased and delivered to you.

 

Payment Cancellation

You may cancel or reschedule a consultation up to one week before the scheduled time of the consultation for a full refund. If you cancel or request a reschedule less than 7 days before your consultation, you will be charged in full.

 

You are allowed one cancellation and one reschedule between each completed consultation. Any cancellations and/or reschedules beyond that will be declined and charged in full.

 

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our services and products. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

 

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old, and who can form legally binding contracts with us to use our services. Individuals under the age of 18, may utilize our professional services only with the consent and support of a parent, legal guardian, or other qualified adult. If you are a parent or guardian and you allow your Minor to use the services, you agree to be bound by the Minor’s use of our services / products and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access, purchase and / or use the services and products on this website.

 

Use of the services; Restrictions on Use

You may only use the services as explicitly authorized and in compliance with any policies made available to you within the services. No portion of the services may be reproduced in any form. Without limiting the foregoing, you may not use the services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use. You may not express or imply that any statements you make are endorsed by Elan Design.

 

Links to Third Party Websites

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: the availability of, the privacy practices of, the content, advertising, products, goods or other materials or resources on or available from, or the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

 

Third Party Materials and Content

You understand that the services may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party websites (“Third-Party Materials”).

 

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third-Party Materials, and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third-Party Materials.

 

Third Party Purchases.

If you purchase certain items offered by third parties through the services, Elan Design will collect the cost of these items from you in advance of the Company placing orders with the Trade Account for the purchase of the item(s). All Trade Account terms and conditions apply to these purchases of Items, including return policies and shipping costs. Note that while the Company uses reasonable efforts to display the current and accurate price for Items, the price for items is dynamic, and the price displayed on the services for any item is subject to change.

 

You are responsible for arranging all deliveries, accepting all deliveries, and associated costs. Any returns and exchanges of Items for whatever reason are the sole responsibility of the client. It is your responsibility to check custom order quotes and/or order confirmations for accuracy. Elan Design does not take responsibility for any orders placed incorrectly with your approval and does not track items not placed with the Company. Elan Design is not responsible for delays or cancellations on behalf of Trade Accounts and does not assemble furniture or any other ordered Items. Elan Design has no liability or responsibility for any matter arising out of the transaction between you and Trade Accounts.

 

Payment to Trade Accounts

The Company will make all purchases from Trade Accounts on your behalf, and you will be bound to the terms and conditions of the Trade Accounts. As a part of the services, the fees you pay to Elan Design will cover the costs of the items purchased from the Trade Accounts. In no event shall there be a contractual relationship between the Trade Accounts and Elan Design. Elan Design will only act to facilitate the payment to the Trade Accounts.

 

 

Disputes

We are not responsible for any disputes or disagreements between you and any third party you interact with using our services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Elan Design of all claims, demands, and damages in disputes among users of our services and products. You shall not involve us in such disputes. Use caution and common sense when using our services and products. If you participate in an installation, you are solely responsible for your interactions with Trade Accounts or other third parties. You understand that Elan Design does not currently conduct background checks, including criminal background checks, on its Trade Accounts or other third parties. The Company makes no representations or warranties as to the conduct of Trade Accounts or other third parties.

 

 

Governing Law

No matter where you’re located, the laws of the State of Virginia will govern these Terms and the relationship between you and Elan Design as if you signed these Terms in Virginia, without regard to Virginia State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Virginia for exclusive jurisdiction of any dispute arising out of or related to your use of the services or your breach of these Terms.

 

Force Majeure

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

 

Release

You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of our services and products (collectively, “Claims”).

 

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the services should be directed to office@elan.design.

 

We may implement any feedback or suggestions we receive without compensation or credits given.

 

These Terms constitute the entire agreement between you and Elan Design and supersede all prior or simultaneous communications and proposals, whether electronic, oral, or written with respect to these services. Any rights not expressly granted herein are reserved.

 

Please read these Terms carefully. By accessing, browsing or otherwise using the services, purchasing products, or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the website as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the services that are incorporated herein by reference. If you are using the services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access our services or products.