Terms of Use and Disclaimer
Terms of Use Last updated on June 9, 2011.
Please read
the Terms of Use carefully before accessing or using this Site or
purchasing any products or services advertised therein.
This is a
legal Agreement between Barbara Jennings, her heirs, associates,
partners, and
employees, her Websites, or through any web site or co-branded web site
owned or controlled by Barbara Jennings, et al or Decorate-Redecorate,
a DBA (herein referred to as "DRD") of Ahava Enterprises, Inc., a
California Corporation, or any
successor web sites, as well as Ahava Enterprises, Inc (a California
Corporation, hereafter referred to as "Ahava or AHAVA") and you, the
user (or member), together with any company or other business entity you are
representing (herein after referred to as "User"). This Agreement
between "DRD\Ahava" or “DRD|AHAVA” and "User" or “USER” governs the
access and use of all websites, products and services, including but not
limited to DRD|Ahava Web Sites, training manuals and
programs, memberships, guides, eBooks, tools of the trade and
promotional and marketing products and services.
EARNINGS
AND INCOME DISCLAIMER
DRD\Ahava
makes every effort to ensure that we accurately represent these products
and services and their potential for income. Earning and Income
statements made by our company and its customers are estimates of what
we think you can possibly earn. There is no guarantee that you will make
these levels of income and you accept the risk that the earnings and
income statements differ by individual.
As with any
business, your results may vary, and will be based on your individual
capacity, business experience, expertise, and level of desire. There are
no guarantees concerning the level of success you may experience. The
testimonials and examples used are exceptional results, which do not
apply to the average purchaser or user, and are not intended to represent or
guarantee that anyone will achieve the same or similar results. User's
success depends on his or her background, dedication, desire and
motivation.
There is no
assurance that examples of past earnings can be duplicated in the
future. We cannot guarantee your future results and/or success. There
are some unknown risks in business and on the internet that we cannot
foresee which can reduce results. We are not responsible for your
actions.
The use of
our information, products and services should be based on User's due
diligence and User agrees that
DRD|Ahava
is not liable for any success or failure of User's business that is
directly or indirectly related to the purchase and use of DRD|Ahava's
information, products and services.
DRD|Ahavabooks are normally sold on a non-refundable basis. If a refund is available, it automatically will
be issued less a 20% restocking charge and less the shipping/handling charges
so long as the product(s) are returned immediately and in
pristine, mint condition. eBooks normally have a 30-day
refund guarantee.
ACCEPTANCE OF TERMS
By accessing or
using this Site in any way, including using any Services, downloading Materials
or merely browsing the Site (capitalized terms defined below), you agree to and
are bound by the terms and conditions set forth in this document and in any
changes thereto that
DRD|Ahava
may publish from time to time (collectively, the "Terms of Use"). The Services
are offered to User conditioned upon User’s acceptance without modification of
this Agreement. User acknowledges that, from time to time, it may be necessary
for DRD|Ahava to update or revise certain provisions of the Agreement. User
agrees that DRD|Ahava may change the terms of the Agreement in its sole
discretion without specific notice to User. If User does not agree to the
changes proposed by DRD|Ahava, or to any terms in this Agreement, User’s sole
and exclusive remedy is to cancel User’s Membership to any Service provided by DRD|Ahava or cease accessing
DRD|Ahava’s web sites. Notwithstanding the
foregoing, DRD|Ahava reserves the right to cancel, suspend or refuse access to
the Service to anyone at its sole discretion. Unless explicitly stated
otherwise, any new features or products that change, augment or enhance the
current Service or DRD|Ahava’s Web Sites shall be subject to this Agreement.
If you do not agree
to all of the terms and conditions contained in the Terms of Use, do not access
or use this Site.
DRD|Ahava may
change the Terms of Use and other guidelines and rules posted on the Site from
time to time at its sole discretion. Your continued access or use of the Site,
or any Materials or Services, constitutes your acceptance of the changes. Your
access and use of the Site, Materials and Services will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site at
the time of such use. Please regularly check the "Terms of Use" link on the home
page of DRD|Ahava Websites to view the then-current terms.
If you breach any of the Terms of Use, your authorization to access or use this
Site, Services and Materials automatically terminates, and any Materials
downloaded or printed from the Site in violation of the Terms of Use must be
immediately destroyed.
THE
SITE
Barbara
Jennings|Decorate-Redecorate.Com|HomeStaging4Profit.Com|Ahava Enterprises, Inc,
its affiliates and agents ("DRD|Ahava") make this Web site and all other
websites of DRD|Ahava with links to the Terms of Use (collectively, the "Site"),
and the Materials and Services, available for your access and use subject to the
Terms of Use. "Materials" means all information, data, documents (e.g. white
papers, press releases, datasheets, FAQs, etc.), communications, downloads,
files, text, images, photographs, graphics, videos, webcasts, publications,
content, tools, resources, software, code, programs and products made available
or enabled via the Site by
DRD|Ahava
or users of this Site.
"Services" means
all services and resources offered or enabled via the Site by DRD|Ahava and
users of this Site, including download areas, developer tools services, product
and other information services and communications services such as bulletin
boards, directories, calendars, chat areas, communities, e-mail, forums (including lab and
user to user forums), newsgroups, personal webpages, photo albums and other
message or communication facilities designed to enable you to communicate with
others (collectively, "Communications Venues"). All Materials provided by
DRD|Ahava are referred to collectively as "DRD|Ahava
Materials".
All user-supplied
Materials are referred to collectively as "User Materials". Certain Services may
involve collaboration and file-sharing services among a specified group.
Materials posted by users in such group in conjunction with such collaboration
and file-sharing Services are referred to collectively as "Shared Content". The
group of persons among which such collaboration and file sharing involving
Shared Content takes place is referred to herein as the "Work Group".
All User Materials
that are not Shared Content shall be referred to herein as "User Content".
DRD|Ahava Materials and User Materials may have
different restrictions and conditions associated with them under the Terms of
Use and other guidelines and rules posted via the Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK
INFORMATION
The Materials and
Services on this Site, as well as their selection and arrangement, are protected
by copyrights, trademarks, patents, trade secrets, and/or other intellectual
property laws and all other intellectual property and proprietary rights
(collectively, "Intellectual Property Rights"), and any unauthorized use of the
Materials or Services may violate such laws and the Terms of Use. Except as
expressly provided herein, DRD|Ahava and its suppliers do not grant any express
or implied rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, adapt, rent, lease, loan, sell,
assign, distribute, display, perform, license, sublicense, reverse engineer, or
create derivative works based on the Site, its Materials or its Services, or any
portion of the Site or the selection and arrangement of the Site, Materials or
Services, except as expressly authorized herein. In addition, you agree not to
use any data mining, robots or similar data gathering and extraction methods in
connection with the Site, Services or Materials. The trademarks, logos and
service marks ("Marks") displayed on this Site are the property of DRD|Ahava or
other third parties. You are not permitted to use the Marks without the prior
written consent of
DRD|Ahava or such third party that may own the
Marks. Decorate-Redecorate and the
DRD|Ahava
logos are trademarks of
DRD|Ahava. For a current list of
DRD|Ahava 's Marks,
as well as certain third-party Marks, please refer to the posted trademark
information. You further agree never to compete with DRD|Ahava as a training company,
individual or entity teaching any other person how to start, manage and grow a business
in the home staging, interior redesign or corporate art consulting industries as it would be a conflict of interest and a violation of copyright law.
USE OF
SITE
AND SERVICES
You shall pay all
costs and charges, including phone charges and telecommunications equipment
costs, that you incur in order to access or use the Site, Services and
Materials. You must adhere to all limitations on dissemination, usage and
reproduction of any Materials that you download from the Site that are subject
to such limitations. You agree to use the Services only to access, download,
utilize, post, send or receive Materials in an appropriate manner as related to
the particular Materials or Services being accessed or used by you. As some
examples of improper activities when accessing or using the Site, Services or
Materials, you agree that you shall not: Collect, harvest, mine or engage in any
other activity to obtain e-mail addresses, phone numbers, personal information
or any other information about others. Use or attempt to gain access to or use
another's account, password, Service, Materials or computer systems or networks
connected to any
DRD|Ahava
server or to the Site without authorization from
DRD|Ahava,
whether through hacking, password mining or any other means. Remove or falsely
add to any uploaded Materials any copyright, trademark or other legal or
proprietary rights notices, author attributions or other information such as
origin or source of the Material. Access or attempt to access any Material that
you are not authorized to access or Materials through any means not
intentionally made available through the Site or Services. Make available any
files containing Materials where you do not own or control, or have not received
the necessary licenses to, all Intellectual Property Rights, rights of privacy
and publicity and all other rights in and to such Materials. Use any Materials
in any manner that infringes any Intellectual Property Rights or other rights of
any party. Disrupt or interfere with the security of, or otherwise cause harm
to, the Site, or any Services, Materials, systems resources, accounts,
passwords, servers or networks connected to or accessible through the Site or
any affiliated or linked sites. Transmit unsolicited or bulk communications to
any DRD|Ahava account holder or to any
DRD|Ahava.com or affiliated e-mail address. Post or
otherwise submit any software, programs or files that are harmful or disruptive
of another’s equipment, software or other property, including any corrupted
files, time bombs, Trojan horses, viruses and worms. Create a false identity for
the purpose of misleading others. Downloaded materials any Materials posted by another that
you know, or reasonably should know, cannot be legally reproduced, distributed,
performed or displayed in any such manner. Disrupt, interfere or inhibit any other
user from using and enjoying the Site or other affiliated or linked sites,
Materials or Services. Breach any guidelines or other codes of conduct
applicable to a particular Service or Materials. Access or use the Site in any
manner that could damage, disable, overburden or impair any
DRD|Ahava server or
the network(s) connected to any
DRD|Ahava
server. Violate any applicable laws or regulations related to the access to or
use of the Site, or engage in any activity prohibited by the Terms of Use. Post
or otherwise submit any topic, name, material or information that is child
pornography, defamatory, excessively violent, harassing, inappropriate,
indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
objectionable. Prepare, compile, use, download or otherwise copy any Site user
directory or other user or usage information or any portion thereof, or
transmit, provide or otherwise distribute (whether or not for a fee) such
directory or information to any third party. Engage in any chain letters,
contests, junk e-mail, pyramid schemes, spamming, surveys or any other
duplicative or unsolicited messages (commercial or otherwise). Violate the
rights of
DRD|Ahava or any third party (including rights of
privacy and publicity) or abuse, defame, harass, stalk or threaten another. Use
any DRD|Ahava domain name as a pseudonymous return
e-mail address. Market any goods or services for any business purpose (including
advertising and making offers to buy or sell goods or services), unless
specifically allowed to do so by
DRD|Ahava.
When using Services
or Materials, you will be subject to any posted guidelines, rules or licenses
applicable to such Services or Materials, in addition to the Terms of Use.
Materials and Services provided by third parties (collectively, the "Third-Party
Services") are governed by separate agreements accompanying such Materials and
Services. DRD|Ahava offers no guarantees and assumes no responsibility or
liability of any type with respect to the Third-Party Services, including any
liability resulting from incompatibility between a Third-Party Service,
DRD|Ahava Materials, DRD|Ahava provided Services or another Third-Party Service.
You agree that you will not hold DRD|Ahava responsible or liable with respect to
the Third-Party Services. Certain Services and Materials will only be made
available to users who have paid DRD|Ahava a fee for such Services and
Materials. Such users may additionally be required to enter into a subscription
agreement or other use agreement for that particular Service or Material.
In addition to
these Terms of Use, users of any Services that include Communications Venues may
be required, at
DRD|Ahava’s sole discretion, to agree to a separate
legal agreement on the Site or otherwise. Your access to such Communications
Venues will be denied for violation of either the Terms of Use or the applicable
agreement.
DRD|Ahava,
at its sole discretion, may (but has no obligation to) monitor or review the
Materials and Services at any time.
DRD|Ahava
may at any time without notice and at its sole discretion: (a) terminate a
Service, access to or use of any Materials or an area of the Site where
Materials are posted or submitted; and (b) disclose any information related to
your use of a Service or Material, or the substance of any of your posted or
submitted Materials, as DRD|Ahava deems necessary to comply with applicable law,
regulation, legal process or governmental request. You agree to use extra care
when disclosing any personally identifiable information about yourself or your
children in any Services or when you post or otherwise submit any Materials.
If you are required
to establish an account in connection with a particular Service or Material, you
must complete the designated registration process for such Service or Material.
All required registration information that you provide must be current, complete
and accurate and kept up to date on a prompt, timely basis. If required, you
must also choose a user name and password for such account. It is your sole
responsibility to keep your account number, user name, password and other
sensitive information confidential. If you become aware of any unauthorized use
of your account or any other breach of security, you shall notify DRD|Ahava
immediately.
If any Services or
Materials provide password-restricted access to your sensitive information
(including customer lists and contractual terms), then by accessing or using
this Site and setting up a password-restricted account for such Services or
Materials, you consent to
DRD|Ahava
's display of such information via such Services or Materials and accept all
risks of unauthorized access to such information.
USE OF SOFTWARE
Materials
encompassing any software code, including programs, tools, utilities, files and
otherwise, and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of DRD|Ahava or
its suppliers. Use of such Software is governed by the terms of the license
agreement that accompanies or is included with the Software, or by the license
agreement expressly stated on the Site page(s) accompanying the Software. Some
license terms are available for review at Site and are incorporated herein by
this reference. However, other terms and licenses may only be posted with the
Software downloads or at the Site page where the Software can be accessed. You
will not be able to use, download or install any Software that is accompanied by
or includes a license agreement unless you agree to the terms of such license
agreement. Absent a license agreement that accompanies the Software, use of the
Software will be governed by the Terms of Use.
You agree that you
will not decompile, reverse engineer or otherwise attempt to discover the source
code of the Software. The Software is made available solely in accordance with
the license agreement. Without limiting the foregoing, unless the accompanying
license agreement expressly allows otherwise, any copying or redistribution of
the Software is prohibited, including any copying or reproduction of the
Software to any other server or location for further reproduction,
redistribution or use on a service bureau basis. Any unauthorized use, copying
or distribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Any Software which
is downloaded from or made available via the Site for or on behalf of the United
States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as
applicable.
USE OF
DRD|AHAVA MATERIALS
AND
USER CONTENT
Except as indicated
to the contrary elsewhere on this Site, you may view, download, and print the
DRD|Ahava Materials and User Content available on this Site subject to the
following conditions: The DRD|Ahava Materials and User Content may be accessed
and used solely for personal, informational, non-commercial and internal
purposes. The DRD|Ahava Materials and User Content may not be modified or
altered in any way. The DRD|Ahava Materials and User Content on the Site may not
be distributed or sold, rented, leased, licensed or otherwise made available to
others, nor can you create any derivative works as a result of visiting this
Site nor accessing any products or services at this Site.
You may not remove
any copyright or other proprietary notices contained in the DRD|Ahava Materials
and User Content. You may not copy or distribute any graphics in the DRD|Ahava
Materials or User Content apart from their accompanying text. You will not quote
or display DRD|Ahava Materials or User Content, or any portions thereof, out of
context. DRD|Ahava reserves the right to revoke the authorization to view,
download and print the DRD|Ahava Materials and User Content available via this
Site at any time, and any such use shall be discontinued immediately upon notice
from DRD|Ahava.
The rights granted
to you constitute a license and not a transfer of title. DRD|Ahava Materials and
User Content comprised of Software are subject to the additional provisions
governing Software set forth herein. Any DRD|Ahava Materials or User Content
made available only upon payment of a fee or execution of a separate agreement
may only be viewed, downloaded and printed subject to your payment of such fee
or execution of such separate agreement. Any DRD|Ahava Materials or User Content
acquired upon your execution of a required separate agreement shall be provided
with the additional rights and obligations set forth in that agreement, and your
rights to such DRD|Ahava Materials or User Content shall immediately terminate
if you fail to meet your obligations under or otherwise comply with such
agreement or the terms and conditions of the Terms of Use. Use of the
DRD|Ahava
Materials or User Content for any other purpose is expressly prohibited and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
The rights
specified above to view, download and print the DRD|Ahava Materials and User
Content available on this Site are not applicable to the design, layout or look
and feel of this Site. Such elements of the Site are protected by law, including
trade dress, trademark, unfair competition and other laws, and may not be copied
or imitated in whole or in part. No Mark, graphic, sound or image from the Site
may be copied or retransmitted unless expressly permitted by DRD|Ahava. In
addition, various sections of the Site may showcase the work of creative
professionals. Such Materials (whether
DRD|Ahava
Materials or User Content) belong to their creators, may be protected by
Intellectual Property Rights and are for display purposes only. Accordingly, you
may not download or print these works unless there is a notice associated with
the work expressly permitting such uses.
USE OF SHARED CONTENT
Members of a Work
Group may use the Shared Content available to such Work Group in any manner that
has been agreed upon by the user providing such Shared Content. It is your sole
responsibility to discuss with others in your Work Group and determine what
limitations, if any, are placed on your use of the Shared Content distributed
within your Work Group. If you obtain access to materials created or used by
others outside of your Work Group, you have no right to use such materials in
any way. You also acknowledge and agree that DRD|Ahava has no liability of any
kind should members of your Work Group modify, destroy, corrupt, copy or
distribute your Shared Content, or violate the Terms of Use or other limitations
that you may impose on the use of your Shared Content.
SUBMITTED MATERIALS
All of your User
Materials that you post on or otherwise submit via the Site and Services shall
not be confidential information or trade secrets owned by you or any other
party. You will receive no compensation for any use of your User Materials,
photographs, jpg, jpeg, gif or tiff files, printed materials of any kind, files
submitted on CD or DVD or in printed materials sent to DRD|Ahava. DRD|Ahava may, but is not required to, post or use any of your User Materials
that you may post or otherwise submit.
DRD|Ahava
does not pre-screen User Materials that users provide or otherwise submit via
the Site or Services; however,
DRD|Ahava
may remove any posted or submitted User Materials from the Site or any Service
for any reason without notice at its sole discretion. By posting or submitting
your User Materials, you represent and warrant that you own or otherwise control
all of the Intellectual Property Rights and other rights to your User Materials
as described in these Terms of Use, including all the rights necessary for you
to post or submit your User Materials. However, in submitting any materials or
photos or images to DRD|Ahava for any purpose constitutes a forfeiture of your
rights to said material, pictures or images and become the property of DRD|Ahava
to use at its sole descretion.
In addition, by
posting or otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise graphical in whole
or in part ("Images"), you represent and warrant that: (a) you own the copyright
in such Images, or that you have obtained all necessary license(s) from the
copyright owner(s) of such Images to use such Images, or portions thereof, in
keeping with your use in connection with the Site, the Services and as otherwise
permitted by these Terms of Use; (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use; and (c) you have
received consent from any and all persons depicted in such Images to use the
Images as set forth in these Terms of Use, including the distribution, public
display, public performance and reproduction of such Images. By posting or
otherwise submitting Images, you grant to DRD|Ahava and all other users of this
Site permission to use your Images in connection with their use permitted by
these Terms of Use (including making prints and gift items incorporating such
Images), including an unrestricted, irrevocable, non-exclusive, worldwide,
royalty-free and fully paid up license under all Intellectual Property Rights to
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate, transmit and reformat your Images, with or without having
your name attached to such Images, in any manner or form and for any purpose,
with full rights to sublicense such rights through multiple tiers of
distribution. You will receive no compensation with respect to the use of your
Images or descriptions or data. You are solely and entirely responsible for all
of your User Materials that you post or otherwise submit via the Site or
Services. You shall assume all risks associated with the use of your User
Materials including any reliance on the accuracy, completeness or usefulness of
your User Materials. DRD|Ahava does not guarantee the accuracy, integrity or
quality of your User Materials. You acknowledge and agree that by accessing or
using the Site or Services, you may be exposed to User Materials from others
that are offensive, indecent or otherwise objectionable.
DRD|AHAVA’S
RIGHTS TO SUBMITTED USER MATERIALS
For all of your
User Materials that you post or otherwise submit to the Site, including (a)
comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy
reports or (e) product suggestions, (f) testimonials, photos, images, exams or
other written materials, you grant DRD|Ahava and the users of this
Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and
fully paid up license under all Intellectual Property Rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate, reformat,
transmit and distribute such User Materials, with or without having your name
attached to such Images, in any manner or form and for any purpose, with full
rights to sublicense such rights through multiple tiers of distribution, and you
also acknowledge and agree that DRD|Ahava is free to use any ideas, concepts,
know-how or techniques that you provide for any purpose without any compensation
to you. You acknowledge and agree that DRD|Ahava shall not be liable for any
failure to store User Materials on the Site at any time.
RESTRICTION
AND
TERMINATION OF USE
DRD|Ahava may
block, restrict, disable, suspend or terminate your access to all or part of the
Site, Services and Materials at any time at DRD|Ahava’s sole discretion, without
prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services
or Materials may include links that will take you to other sites outside of the
Site ("Linked Sites"). The Linked Sites are provided by DRD|Ahava to you as a
convenience and the inclusion of the links do not imply any endorsement by
DRD|Ahava of any Linked Site.
DRD|Ahava has no control of the Linked Sites and
you therefore acknowledge and agree that A
DRD|Ahava is not
responsible for the contents of any Linked Site, any link contained in a Linked
Site or any changes or updates to a Linked Site. You further acknowledge and
agree that
DRD|Ahava is not responsible for any form of
transmission (e.g. webcasting) received from any Linked Site.
DRD|Ahava shall not knowingly link to any
website from its directories that promotes the training, books, courses, visual
aids or tools of a competing trainer. Any directory member who chooses to
work for or in conjunction with a competing trainer or who decides for any
reason to compete as a trainer in the home staging, interior redesign or
corporate art consulting industry shall forfeit their membership in all
directories hosted by DRD|Ahava and may, at the discretion of DRD|Ahava, may be
terminated from or denied access to other products or services offered
individually or as part of a course.
WARRANTIES
AND DISCLAIMERS
THE SITE, SERVICES
AND MATERIALS, ARE PROVIDED BY DRD|AHAVA UNDER THESE TERMS OF USE "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, DRD|AHAVAMAKES NO WARRANTY THAT (i) THE
SITE, SERVICES OR MATERIALS WILL MEET YOUR
REQUIREMENTS; (ii) THE
SITE,
SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT
MAY BE OBTAINED FROM. THE USE OF THE
SITE, SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE
OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE
SITE, SERVICES OR MATERIALS WILL BE CORRECTED. THIS
SITE, SERVICES
AND MATERIALS MAY
INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
DRD|AHAVA MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS
LISTED, AT ANY TIME IN ITS SOLE DISCRETION
AND WITHOUT NOTICE.
THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND DRD|AHAVA MAKES NO
COMMITMENT TO UPDATE THE
SITE,
MATERIALS AND SERVICES. YOU ACKNOWLEDGE
AND AGREE THAT: (i)
DRD|AHAVA DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED
BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKED SITES; (ii) DRD|AHAVA MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY
DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES
ARE AT YOUR OWN RISK;
AND (iv) DRD|AHAVA
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY
THIRD PARTIES. DRD|AHAVA DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY
SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE,
SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE
SITE
AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS
AND OTHER THIRD PARTIES ARE NOT AUTHORIZED DRD|AHAVA SPOKESPERSONS, AND THEIR
VIEWS DO NOT NECESSARILY REFLECT THOSE OF
DRD|AHAVA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
DRD|AHAVA
WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL
PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. DRD|AHAVA
ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER MATERIALS. THE USE OF THE
SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF
ANY MATERIALS IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH
YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES.
DRD|AHAVA ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM
THE SITE OR IN CONNECTION WITH ANY SERVICES OR
MATERIALS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN,
OBTAINED BY YOU FROM
DRD|AHAVA OR
VIA THE SITE,
SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS OF USE. DRD|AHAVA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU
MAY
INCUR AS A RESULT OF SOMEONE
ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO
THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR
WITHOUT YOUR KNOWLEDGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, SO THE
ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES
ARE
LIMITED TO SIXTY (60) DAYS.
INTERNATIONAL USERS
This Site can be
accessed from countries around the world and may contain references to DRD|Ahava
products, services and programs that are not available in your country. These
references do not imply that
DRD|Ahava
intends to announce such products, services or programs in your country. The
Site is controlled, operated and administered by DRD|Ahava from its offices
within the
United States of America.
DRD|Ahava makes no representation that the Site, the Services or Materials are
appropriate or available for use at other locations outside the United States,
and access to the Site from territories where the Site, the Services or
Materials are illegal is prohibited. If you access the Site from a location
outside the United States, you are responsible for compliance with all local
laws. See the section on export control laws below for further information.
PERSONAL INFORMATION
AND
PRIVACY
DRD|Ahava will use
and protect your data, such as your name and address, in accordance with the
DRD|Ahava Online Privacy Policy, the contents of which are incorporated by
reference into the Terms of Use. Please be aware that your browser must be
enabled to accept cookies in order for you to use certain Materials and Services
or to purchase from the DRD|Ahava online store.
LIMITATION OF LIABILITY
IN NO EVENT SHALL
DRD|AHAva, ITS OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE
RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF
DRD|AHAVA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES,
AND
ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE
OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION
WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE,
SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR
VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR
RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF
DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY
SERVICES AVAILABLE THAT
ARE
DELAYED OR INTERRUPTED; (8) ANY
WEB
SITE REFERENCED OR
LINKED TO FROM THIS
SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY
TO ACCESS OR USE ANY LINKED
SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS
SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL DRD|AHAVA'S
AGGREGATE LIABILITY TO A USER OR MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR
RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAID TO DRD|AHAVA
UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM
AROSE OR $500.00, WHICHEVER IS LESS.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
DRD|Ahava will, in
appropriate circumstances, terminate the accounts of users who infringe the
Intellectual Property Rights of others. DRD|Ahava will investigate notices of
copyright infringement and take appropriate actions under the Digital Millennium
Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you
believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or on
sites linked to from this Site or in connection with the Services or Materials,
please provide, pursuant to the DMCA, written notification of claimed copyright
infringement to the Designated Agent for this Site (identified below), which
must contain the following elements: A physical or electronic signature of the
person authorized to act on behalf of the owner of the copyright interest that
is alleged to have been infringed; A description of the copyrighted work or
works that you claim have been infringed and identification of what content in
such work(s) is claimed to be infringing and which you request to be removed or
access to which is to be disabled; A description of where the content that you
claim is infringing is located on the
DRD|Ahava site; Information sufficient to permit
DRD|Ahava to
contact you, such as your physical address, telephone number, and e-mail
address; A statement by you that you have a good faith belief that the use of
the content identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law; A statement by you
that the information in your notice is accurate and, under penalty of perjury,
that you are the copyright owner or authorized to act on the copyright owner's
behalf. DRD|Ahava 's Designated Agent for Notice of claims of copyright
infringement can be reached as follows: By mail: Dave Fahs/Designated Agent –
Copyright Infringement Claims DRD|Ahava, Box 2632, Costa Mesa, CA 92628-2632. By
fax: (714) 378-2771. The Designated Agent should be contacted only if you
believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on the Site or on
sites linked to from the Site or in connection with the Services or Materials.
All other inquiries directed to the Designated Agent will not be responded to.
Such inquiries should be made through the feedback procedure.
UNSOLICITED IDEA SUBMISSION POLICY
Any unsolicited
ideas, including ideas for advertising campaigns, promotions, products,
technologies, processes, materials, marketing plans or product names, that are
sent to DRD|Ahava for consideration via this Site shall not be considered or
accepted by DRD|Ahava, nor deemed confidential or proprietary information
(including any original creative artwork, samples, demos or other works
presented in connection therewith).
SPAM E-MAIL
AND POSTINGS
In the event of
your or others’ access to or use of the Site, Services or Materials in
connection with the transmission of spam newsgroup postings or unsolicited
e-mail in violation of these Terms of Use, you acknowledge and agree that
DRD|Ahava would be irreparably harmed thereunder and that monetary damages would
be an insufficient and ineffective remedy; therefore you agree that DRD|Ahava is
entitled to obtain immediate injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity). DRD|Ahava may
without restriction block, filter or delete unsolicited e-mail.
OUR PRICING
POLICIES
We believe we have priced our
products and courses according to the great value they will give students. Many
products offer attractive discounts. However, we are an "equal opportunity
trainer" or, said another way, we offer a "one price fits all" structure. So
please do not contact us asking for an additional personal discount, payment terms or an
extended deadline on any sales we might advertise. It is against company policy
to give a price benefit to one person that isn't offered to everyone. No
exceptions.
REFUNDS
Some products may come with a 30-day refund guarantee
and are stated on the website as refundable within that time period. Products that do not qualify for refund are
advertised as such either in the sales copy and/or on the shopping cart and
subsequent receipts. Any products that do not specify a refund possibility are
limited to a three (3) day preview period upon receipt of the products ordered.
To qualify for a refund,
customers must first notify DRD|Ahava of their dissatisfaction and request a Return
Authorization Number. Customer must return the product(s)
immediately in pristine, mint condition or no refunds will be issued for
anything damaged, lost or unsuitable for resale. Any products that do qualify for
a refund (are resalable and for which an authorization was issued by DRD|Ahava) will be granted a refund, less a 20% restocking fee. No refunds for
shipping and handling charges will ever be issued. Buyers should take note in advance of the refund terms, if any,
before making a purchase. No exceptions will be made to
the company policy. Please do not write and request special consideration in this regard.
If a mistake appears in the sales copy and a product is no longer eligible
for a refund, we apologize for the error. We do try very hard to make sure all
pages are up to date and correct, but mistakes do sometimes happen. The shopping
cart remains the final determination of prices, regardless of sales copy or prices
listed on web pages. Terms regarding refunds are specified correctly in the shopping cart and at point of purchase and we reserve the right to
refuse to honor any errors within the website. In all cases, the shopping cart
controls the state and availability of all products.
Under no
circumstances are non-refundable products accepted back for refund.
Non-refundable means "non returnable". Anyone sending products back without
authorization from us in advance will have the parcel refused or, if
inadvertently accepted by us, shall not be cause to force us to issue a refund
against our policies. Customers will have to issue a call tag from UPS or other
shipping service at their own expense to retrieve the product or forfeit both
product and purchase price.
By making a
purchase of a non-refundable product or keeping a product beyond the allowed
preview period, customer, by virtue of using this website,
agrees to abide by the terms of purchase and shall not attempt to force a refund
to be issued to them by sending the product back to us. Customer also agrees not
to proceed with disputing the charges by contacting their credit card company
and beginning chargeback proceedings on non-refundable products and/or services.
Should customer do so anyway, we reserve the right to charge customer for any
penalties and fees assessed to us to defend our position in the dispute.
Non-refundable products are shipped in mint condition and tested prior to
issuance. We cannot be responsible for the failure of customer's computer to
access eBooks, CDs or other digital products. Customer agrees to purchase these
products in an "as is" condition and shall seek to remedy access problems caused
by their computer with the manufacturer of their computer at their own cost without penalty to
DRD|Ahava.
INTERNET DISPURSIONS
Any person who posts disparaging remarks about DRD|Ahava runs the risk of being sued for defamation. While persons using
the website and purchasing products from DRD|Ahava have the right to their private opinions, posting notices on the internet in an attempt to prevent other people from doing business with DRD|Ahava will be viewed
as an attempt to do specific harm to the company and is considered a violation of our terms and conditions. Any person who purchases a product from DRD|Ahava who is not satisfied for any reason is welcome to contact the company
for resolution options, if any. However, the posting of derogatory information or opinions on other websites will constitute an immediate termination of services or access to products promised by DRD\|Ahava,
including but not limited to directory listings, membership in member's only website, forum participation, display of videos, hosting of websites or webpages, access to eBooks and such.
DRD|Ahava and it's
officers and directors are represented by Stansbury Porter Law Offices, a major
Los Angeles legal firm and, if the need arises, will aggressively defend its
reputation and policies in the marketplace.
ADVERTISEMENTS
AND
PROMOTIONS
DRD|Ahava may run
advertisements and promotions from third parties via the Site, Services or
Materials in any manner or mode and to any extent. Your communications,
activities, relationships and business dealings with any third parties
advertising or promoting via the Site, Services or Materials, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, shall be solely
matters between you and such third parties. You acknowledge and agree that
DRD|Ahava is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence of
such non- DRD|Ahava advertisers on the Site or in connection with the Services
or Materials.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now,
or hereafter from time to time, contain certain statements or information with
respect to: (i) the projection of DRD|Ahava 's revenues, operating margin,
income, tax rate, earnings per share, capital expenditures, dividends, share
count, capital structure, or other financial items; (ii) the plans, objectives,
or projections of DRD|Ahava for future operations, including those relating to
the products or services of DRD|Ahava; (iii) DRD|Ahava 's future economic
performance; (iv) assumptions underlying or relating to any of the foregoing
statements or information; and (v) any other projections, estimates, or
forward-looking statements. All such statements and information are
forward-looking statements within the meanings of Section 27A of the Securities
Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such
forward-looking statements are based upon, or will be based upon, DRD|Ahava 's
judgment with respect to future events and are subject to a number of
uncertainties and risks that could cause actual results or circumstances to
differ materially from those expressed in the forward-looking statements.
DRD|Ahava wishes to caution you that such forward-looking statements are only
predictions and that actual events or results may differ materially. For further
details and information about factors relating to risks and uncertainties
concerning the foregoing or DRD|Ahava in general, please refer to
DRD|Ahava’s
SEC filings. DRD|Ahava does not undertake an obligation to update
forward-looking statements.
INDEMNITY
AND LIABILITY
You agree to
indemnify and hold
DRD|Ahava and its officers, co-branders, other
partners and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of: (a) your User
Materials and any other content, including images or photographs, (e.g. computer
viruses) that you may submit, post to or transmit through the Site or to
DRD|Ahava (including a third party’s use of such User Materials or content (e.g.
reliance on the accuracy, completeness or usefulness of your User Materials));
(b) your access to or use of the Site, Services or Materials (including any use
by your employees, contractors or agents and all uses of your account numbers,
user names and passwords, whether or not actually or expressly authorized by
you, in connection with the Site or any Services or Materials); (c) your
connection to the Site, Services or Materials; (d) your violation of the Terms
of Use; (e) the actions of any member of your Work Group; (f) your infringement
of any third party’s Intellectual Property Rights when using any of the Software
made available on the Site, Services or in any Materials; (g) your violation of
any rights of any third party; (h) your access to or use of Linked Sites and
your connections thereto; or (i) any dealings between you and any third parties
advertising or promoting via the Site, Services or Materials.
GOVERNING LAW
AND
JURISDICTION
This Site
(excluding linked sites) is controlled by
DRD|Ahava
from its offices within the state of
California,
United States of America. By accessing this Site, you agree that all
matters relating to your access to, or use of, this Site shall be governed by
the statutes and laws of the State of
California, without
regard to the conflicts of laws principles thereof. The parties specifically
disclaim the U.N. Convention on Contracts for the International Sale of Goods.
You also agree and hereby submit to the exclusive pe sona<
Superior
Court
of Orange County and the United States District Court for the Southern District
of California with respect to such matters.
LANGUAGE
It is the express
wish of the parties that the Terms of Use and all related documents have been
drawn up in English. C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
GENERAL
The Terms of Use
and other rules, guidelines, licenses and disclaimers posted via the Site or in
connection with the Materials and Services constitute the entire agreement
between DRD|Ahava and you with respect to your access to or
use of the Site, Materials and Services superseding any prior agreements between
you and DRD|Ahava
on such subject matter (including any prior versions of the Terms of Use).
Notwithstanding the foregoing, to the extent that any terms set forth in the
Terms of Use expressly contradict any terms of a written agreement between you
and DRD|Ahava regarding the use of specific Services or Materials (including
Service-specific terms of use and Software-specific licenses) ("Executed
Agreement"), such contradictory terms set forth in the Executed Agreement shall
govern. You may also be subject to additional terms and conditions that may
apply when you use other
DRD|Ahava services, third party content or third
party software. You may not assign or otherwise transfer the Terms of Use nor
any right granted hereunder without DRD|Ahava’s prior written consent. If for
any reason a court of competent jurisdiction finds any provision of the Terms of
Use, or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the parties as
reflected by that provision, and the remainder of the Terms of Use shall
continue in full force and effect. Any failure by DRD|Ahava to enforce or
exercise any provision of the Terms of Use or related right shall not constitute
a waiver of that right or provision. The section titles used in the Terms of Use
are purely for convenience and carry with them no legal or contractual effect.
Copyright 2003-present Barbara Jennings|Decorate-Redecorate.Com
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