Closets & More, Inc. (doing business as “Closet Solutions” owns and operates this website. These terms and conditions (sometimes referred to herein as “Terms of Service”) govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The Terms of Service was last updated on December 12, 2018. Closet Solutions reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
License to use website
Unless otherwise stated, Closet Solutions owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing.
Restricted access
Closet Solutions reserves the right to restrict access to areas of this website, or indeed this entire website, at Closet Solutions’ discretion.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Closet Solutions makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Closet Solutions does not warrant that:
this website will be constantly available, or available at all
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or other matter you should consult an appropriate professional.
Limitations of liability
Closet Solutions will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Closet Solutions has been expressly advised of the potential loss.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Closet Solutions and undertake to keep Closet Solutions indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Closet Solutions to a third party in settlement of a claim or dispute on the advice of Closet Solutions legal advisers) incurred or suffered by Closet Solutions arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Closet Solutions other rights under these terms and conditions, if you breach these terms and conditions in any way, Closet Solutions may take such action as Closet Solutions deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Assignment & Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Dispute Resolution and Arbitration
As a material condition of this Terms of Service, you and Closets & More, Inc. (collectively “the Parties”) agree, that prior to initiating any legal action, the Parties shall engage in written communications with each other in connection with any dispute arising from this Terms of Service and your use of the Site, and use best efforts for a period of no less than 30 days to amicably resolve any such dispute. Any such communications should be directed in writing to Closets & More, Inc., 1624 West 240th Street, Harbor City, CA 90710. IF, THEREAFTER, WE DO NOT REACH A MUTUTALLY SATISFACTOTY RESOLUTION, THE PARTIES AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE, THE PRIVACY POLICY OF THIS WEBSITE WHICH IS INCORPORATED INTO THIS TERMS OF USE BY THIS REFERENCE, OR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE, BREACH, ENFORCEMENT, EXISTENCE OR VALIDITY OF THE MATTERS PROVIDED FOR IN THIS TERMS OF USE OR YOUR USE OF THE SITE, THIS PROVISION TO ARBITRATE OR THE SCOPE OF THIS ARBITRATION PROVISION, MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES AT WWW.JAMS.ADR.COM, INCORPORATED HEREIN BY THIS REFERENCE. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIM OF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR CLOSETS & MORE, INC. MAY FILE A COMPLAINT IN SMALL CLAIMS COURT, AND YOU OR CLOSETS & MORE, INC. MAY AT ANY TIME BRING SUIT IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANAGLES AGAINST THE OTHER IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS AND THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. THE PARTIES ALSO AGREE TO ARBITRATE IN AN INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND THE PARTIES WAIVE ANY RIGHT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. The Parties agree to keep confidential, the arbitration proceeding and shall not disclose the fact of the occurrence of the arbitration, any documents which are part of the arbitration, the arbitration proceedings, the arbitrator’s decision and the existence or amount of any arbitration award. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST CLOSETS & MORE, INC. FOR CLAIMS THAT ARE COVERED BY THIS AGREEMENT TO ARBITRATE. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION
Contact Information
To offer comments or questions about this website or about information presented in this Terms of Use, please contact info@ClosetSoluitonsCA.com.
