You agree that you will not do any of the following (collectively, the “Code of Conduct”):

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• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.

• Use the Site or content on or from the Site for any unlawful purpose.

• Express or imply that any statement you make is endorsed by Elegant Design & Build, Inc, or its subsidiary, parent, or affiliate companies.

• Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable or infringes Elegant Design & Build, Inc, or any third party's intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written authorization to do so

• Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully.

• Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses and defects.

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.

• Remove any copyright, trademark or other notices of proprietary rights contained on the Site

• "Frame" or "mirror" any part of the Site without Elegant Design & Build, Inc, prior written authorization

• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

• Harvest or collect information about Site visitors.

• Take any action that imposes an unreasonable or disproportionately large load on Elegant Design & Build, Inc infrastructure.

• Use the Site for any reseller activities. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Elegant Design & Build, Inc or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity.

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Placing Your Orders on the Site

• All billing and registration information provided by you must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested. 

• Elegant Design & Build, Inc and its affiliates and subsidiaries reserve the right, at their sole discretion, to (i) refuse service and to terminate accounts if Elegant Design & Build, Inc believes in its sole discretion that customer conduct violates applicable law or the Terms, is harmful to the interests of Elegant Design & Build, Inc, its subsidiaries or its affiliates or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address. 

• Elegant Design & Build, Inc acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site, including, without limitation, price, availability, specifications, and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges. Any canceled order placed using an Elegant Design & Build, Inc reward points will have points refunded to the associated member rewards profile.

• All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Elegant Design & Build, Inc delivery of the items or products to the carrier. 

• The online price for your items will be the price shown at the time you start the checkout process. You understand that the online price may be different from the in-store prices for the same item and will be exclusive of store-specific sales, discounts, rebates, or other markdowns available for in-store purchases. 

• If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you with a location to store your information and allow you to make a future purchase without reentering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy. 

• Tools, products, materials, techniques, building codes and local regulations change; therefore, Elegant Design & Build, Inc assumes no liability for omissions, errors, or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.

 

Information Posted on the Site

The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Elegant Design & Build, Inc or any of its affiliates, subsidiaries, or agents.

At Elegant Design & Build, Inc, we carry the Brand Names You Know and Trust™. Unless indicated otherwise, most products and services displayed on the Site are available directly from or through Elegant Design & Build, Inc, its subsidiaries, or its affiliates. Elegant Design & Build, Inc endeavors to display and describe its products and services accurately on the Site. Elegant Design & Build, Inc is also improving its products and services and may update the Materials displayed on the Site at any time and without notice.

Elegant Design & Build, Inc cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability, and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.

 

Copyrights, Trademarks and Patents

All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Elegant Design & Build, Inc, or its software, and content suppliers and licensors. Such software and content are protected by United States and international copyright laws.

The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Elegant Design & Build, Inc and protected by applicable copyright laws.

Elegant Design & Build, Inc grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Elegant Design & Build, Inc and its affiliates, subsidiaries, suppliers, and licensors expressly reserve all intellectual property rights in all text, products, technology, content, and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Elegant Design & Build, Inc or any third party's intellectual property rights.

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Links to Other Sites

The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience, and their presence on the Site does not imply endorsement by Elegant Design & Build, Inc or its affiliates or subsidiaries of such website or of any association with such websites’ operators.

You agree that Elegant Design & Build, Inc and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Elegant Design & Build, Inc and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.

Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.

We strongly encourage you to become familiar with the terms of service and/or terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of items, such as viruses, worms, trojan horses, defects, time bombs, date bombs and other items of a harmful nature.

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User-Generated Content

As part of your use of the Site, you may be able to provide comments, feedback, reviews, text, and ideas; send messages to Elegant Design & Build, Inc and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the public, and you do not and shall not consider such Content to be private, proprietary, or confidential. You grant Elegant Design & Build, Inc and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display, and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to Elegant Design & Build, Incs.com may appear on Elegant Design & Build, Incs.ca and/or the website of an entity affiliated with Elegant Design & Build, Inc. You waive, release, and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Elegant Design & Build, Inc may use the submitted Content in any manner that Elegant Design & Build, Inc deems appropriate or necessary in its sole discretion. Elegant Design & Build, Inc and its affiliates reserve the right to edit, modify, abridge, or otherwise change any Content you or others submit in their sole discretion.

You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments, and feedback you submit to the Site. You agree that Elegant Design & Build, Inc is not responsible for any Content that you submit to the Site.

By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Elegant Design & Build, Inc and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness, or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Elegant Design & Build, Inc.

If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Elegant Design & Build, Inc and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Elegant Design & Build, Inc deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.

Elegant Design & Build, Inc does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Elegant Design & Build, Inc does not guarantee that Content posted to the Site will not be offensive, defamatory, or otherwise objectionable. Elegant Design & Build, Inc reserves the right to remove any Content from the Site without notice and in Elegant Design & Build, Inc sole discretion; however, you acknowledge and agree that Elegant Design & Build, Inc is under no obligation to you to police, monitor or remove Content, and Elegant Design & Build, Inc makes no guarantee with respect to the completeness, accuracy, integrity, or quality of Content submitted to the Site.

Digital Millennium Copyright Act

Claims of Copyright Infringement. It is our policy to restrict access privileges of those who repeatedly infringe the copyrights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Elegant Design & Build, Inc designated Copyright Agent (identified below), which sets forth the following information:

• Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work

• Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Elegant Design & Build, Inc to locate the material

• Your name, address, telephone number and, if available, email address

• A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information you have supplied is accurate and indicates that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

• A physical or electronic signature of the copyright holder or authorized representative

Please email all notifications to:
Elegant Design & Build, Inc

Attn: Compliance Department
630-519-4213
orders@elegantdesignandbuild.com

 

Warranty Disclaimer; Limit of Liability

You assume all responsibility and risk for the use of the site and the internet in general. The site is provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Elegant Design & Build, Inc, all of Elegant Design & Build, Inc subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including, without limitation, implied warranties of title, noninfringement, accuracy, merchantability and fitness for a particular purpose and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all the above exclusions may not apply to you.

Elegant Design & Build, Inc and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Elegant Design & Build, Inc or Elegant Design & Build, Inc licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty.

You expressly acknowledge and agree that Elegant Design & Build, Inc shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and/or on which any of your personal information and/or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; and/or (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature,  which may be transmitted to or through the site by a third party. Elegant Design & Build, Inc does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked site. You agree that Elegant Design & Build, Inc and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages and damages resulting from the loss of use, data, profits, or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Elegant Design & Build, Inc and/or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer does not apply to intentional or wanton acts on the part of Elegant Design & Build, Inc. This disclaimer constitutes an essential part of these terms.

You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.

 

Indemnification

You agree to indemnify, defend and hold harmless Elegant Design & Build, Inc and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these terms, including, without limitation, the code of conduct; (2) any allegation that any content or other material you have submitted or transmitted to the site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the site.

 

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Elegant Design & Build, Inc makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.

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Choice of Law, Jurisdiction and Venue:

• You agree that this agreement and your use of the Site will be governed by the laws of the state of Illinois. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Chicago, Illinois, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

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Waiver of Rights:

• You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the site or this agreement.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings. 

• Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding, and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below. 

• You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Elegant Design & Build, Inc or against any of Elegant Design & Build, Inc subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court. 

• You must first present any claim or dispute to Elegant Design & Build, Inc by contacting the customer care center to allow Elegant Design & Build, Inc the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Elegant Design & Build, Inc agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Chicago, Illinois, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

• Any arbitration shall be confidential, and neither you nor Elegant Design & Build, Inc may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

• If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

• Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Elegant Design & Build, Inc. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.

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Changes to the Terms

You agree that Elegant Design & Build, Inc may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

Elegant Design & Build, Inc, in its sole and absolute discretion, reserves the right to change, terminate, modify, add, end or delete any of these Terms, the Additional Terms (including for both PRO and Personal Accounts), any Program or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to https://www.elegantdesignandbuild.com/terms-and-conditions and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications.

 

Miscellaneous

You agree that Elegant Design & Build, Inc may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Elegant Design & Build, Inc will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Elegant Design & Build, Inc through the Site may be subject to legal process (e.g., a subpoena) by Elegant Design & Build, Inc or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Elegant Design & Build, Inc will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Elegant Design & Build, Inc may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered, or otherwise disclosed.

Elegant Design & Build, Inc performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Elegant Design & Build, Inc right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Elegant Design & Build, Inc with respect to such use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and service providers or suppliers, or you and Elegant Design & Build, Inc because of these Terms or your use of the Site.

Any rights not expressly granted to you herein are reserved by and to Elegant Design & Build, Inc, its affiliates, subsidiaries, and licensors, and other third parties.

The Terms and the applicable terms of sale constitute the entire agreement between you and Elegant Design & Build, Inc with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral, or electronic, between you and Elegant Design & Build, Inc with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Elegant Design & Build, Inc or it is physically signed in blue ink by an executive officer of Elegant Design & Build, Inc.

Any actual or alleged waiver by Elegant Design & Build, Inc of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

A printed version of this agreement and/or any notice given by Elegant Design & Build, Inc in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Elegant Design & Build, Inc in printed form.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.

 

Additional Registered User Terms

You can register as Personal user of the Site and become a member. (a “Member”). Becoming a member gives you access to additional services, benefits, promotions, and functionalities available on the Site or in store (collectively, “Registered Services”), which vary.

Registration and Applicable Terms.

You can become a member with a Personal Account by registering with the Site. When you create a Personal Account, you will be registered for a new member account. By creating or using a Personal Account, you consent to and agree to be bound by the Terms, these Additional Registered User Terms, the Additional Personal Account Terms and Elegant Design & Build, Inc Privacy Statement (collectively “Personal Terms”) If you do not agree with any of the Additional Terms, you must discontinue use of the Registered Services. 

Username and Password. As part of the registration process, you will be asked to select a username and password. Elegant Design & Build, Inc may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Elegant Design & Build, Inc of the problem by contacting Elegant Design & Build, Inc customer care in writing via email orders@elegantdesignandbuild.com

You are entirely responsible for maintaining the confidentiality of your username and password, and any and all activities (including purchases) that are conducted through your account.

Communications From Elegant Design & Build, Inc. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including mail, email, SMS, other computer electronic messaging or other means from Elegant Design & Build, Inc and its subsidiaries and affiliates.

Privacy; Financial Incentives. We may provide price discounts, coupons, services, and other perks for (1) Account holders and members of our loyalty programs; (2) military and other discount holders; (3) members of our mailing and email list; and (4) customers who have signed up for our Elegant Design & Build, Inc private labeled credit cards (collectively “Programs”). When you opt in to our Programs, you acknowledge and consent to the financial incentives outlined under these Additional Terms. You also consent to Elegant Design & Build, Inc collection, use and disclosure of your personal information (e.g., names, emails, phone numbers, address, online activities, transaction history, etc.) pursuant to the Elegant Design & Build, Inc Privacy Statement when you opt in to our Programs. Elegant Design & Build, Inc may use the information to identify you, to provide you with tailored products and services, and to enhance our relationship with you. You acknowledge that you understand there is no obligation to opt into our Programs and consumers may opt out at any time.

Submissions. As a Registered User, you may be able to upload information or data to your Account. The information or data you upload or enter into your Account is called “Submissions.” Elegant Design & Build, Inc reserves the right to monitor any Submissions, but Elegant Design & Build, Inc is under no legal obligation to do so.

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Your Submissions.

• For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Elegant Design & Build, Inc a nonexclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Elegant Design & Build, Inc sees fit in its sole discretion.

• The IP License ends when you delete your IP Content from your Account unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.

• You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.

• You agree that Elegant Design & Build, Inc, its affiliates, and agents may use your name, email address, telephone number, Elegant Design & Build, Inc rewards points card and/or other Account information to access, review, edit and modify your Submissions, Tracked Purchases (defined in the Personal Account specific sections below) and other information associated with your Account.

Deactivation of Your Account. Elegant Design & Build, Inc reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Elegant Design & Build, Inc may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of Account inactivity, may result in all data and information uploaded or submitted by you or by Elegant Design & Build, Inc, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Elegant Design & Build, Inc has no obligation to make a copy, electronic or otherwise, of your Submissions, Tracked Purchases, or purchase history available to you at any time, including, without limitation, upon deactivation of your Account for any reason.

Termination of Service. Elegant Design & Build, Inc reserves the right to terminate your access to and use of the member program, Elegant Design & Build, Inc Loyalty Program, rewards points program, your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. You may choose to deactivate your membership at any time by contacting Elegant Design & Build, Inc via e-mail.

Upon deactivation of your Account or termination of the member program, the Elegant Design & Build, Inc Loyalty Program, rewards points program or the Registered Services or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.

Changes to the Additional Terms. Elegant Design & Build, Inc may update, change, terminate, modify, add, end or delete the Additional Terms, your Account or the Site at any time without notice. You agree to any updates, changes, or modifications to the Additional Terms by continuing to use your Account and the Registered Services.

 

Additional Personal Account Terms

Personal Accounts. A Personal Account may be required to obtain and use certain Site features, programs, and benefits, including, but not limited to, Elegant Design & Build, Inc Discounts, Subscriptions, certain Installation Services offered through the Site and member benefits.

Programs and benefits offered to Registered Users are subject to the conditions and may be modified by Elegant Design & Build, Inc in its sole discretion.

member Tracked Purchases. 

Purchases made online while logged into your Personal Account will allow Elegant Design & Build, Inc to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information.

member program is Intended Only for US Residents. 

The member program is solely directed to individuals residing in the United States. Elegant Design & Build, Inc makes no representations that member program and any content or functionality available through member profile and its associated features are appropriate or available for use in other locations. Those who choose to access the Site or member profile from other locations do so on their own initiative and at their own risk and are responsible for complying with local laws, to the extent they are applicable.