Summary of Material Terms.
As provided in greater detail in the EULA (and without limiting the
express language of the EULA), you acknowledge the following:
the App is licensed, not sold to you, and that you may use the App
only as set forth in the EULA;
the use of the App may be subject to separate third party terms of
service and fees, including, without limitation, your mobile network
operator's (the "Carrier") terms of service and fees, including fees
charged for data usage and overage, which are your sole
you consent to the collection, use, and disclosure of your
personally identifiable information in accordance with the
respect to the collection of location information;
the App is provided "as is" without warranties of any kind and L&W's
liability to you is limited as described herein;
disputes arising hereunder will be resolved by binding arbitration;
the App requires access to the following services on your mobile
device: location, contacts, usage data, and your device identifier;
if you are using the App on an iOS-based device, then you agree to
and acknowledge the "Notice Regarding Apple," below.
The Service is a platform enabling people seeking interior design
services ("Clients") to find and select
interior designers ("Designers") (both
Clients and Designers are "Users"). Please
be advised: Although L&W administers the Design Projects (as
described in greater detail below) and establishes certain terms for
certain packages offered through the Service (including package
features, pricing and options), L&W is not otherwise a party to the
design services and any other off-line transactions that may take
place between Clients and Designers. L&W has no control over any
claims made by Designers about the products or services they may
offer or the truth or accuracy of the listings created by Designers,
the ability of Designers to provide the products or services as
claimed by Designers (even if through the Service) or the ability of
Clients to pay for any products or services offered by Designers.
L&W does not conduct background checks regarding any Users
(including any Designers) of the Service.
L&W provides a platform whereby Designers can participate in the
Design Projects and third party manufactures can offer their
products and services and this platform includes communication
tools, including the use of an L&W e-mail address
(e.g. @laurelandwolf.com). All Users acknowledge and understand
that L&W is not an employer, broker, agent or insurer for any Users
of the Service, whether they be Designers or Clients. L&W's
acceptance of a Designer to the Service should not be construed or
otherwise deemed an endorsement or promotion of such Designer and
its acceptance relied upon the Designer's representation and
warranty to L&W of the accuracy of information submitted about such
Designer. As the Service solely provides a platform and tools for
Users to communicate with potential transaction partners, any such
transactions are made by all Users at each User's own risk.
https://www.laurelandwolf.com/privacy-policy and is hereby
incorporated by reference into the EULA By using the Service you
agree that you have read, understood, and agree to the data
collection, use, and disclosure provisions set forth in the Privacy
Third Party Fees. You may incur third party fees through use
of the Service, such as fees charged by your Carrier for data usage.
In addition, you may be subject to third party terms, through your
use of the Service, such as your Carrier's terms of service. You
acknowledge and agree that you are solely responsible for all such
fees incurred by you for use of the Service, and you agree to pay
all such fees and abide by all such terms.
Changes to the EULA. We may revise the EULA at any time by
posting an updated version You should visit this page periodically
to review the most current EULA, because you are bound by it Your
continued use of the Service after a change to the EULA constitutes
your binding acceptance of the EULA.
Eligibility If you are using or opening an account on the
Service on behalf of a company, entity, or organization
(each a "Subscribing Entity"), then you
represent and warrant that you: (i) are an authorized representative
of that Subscribing Entity with the authority to bind such entity to
the EULA and (ii) agree to be bound by the EULA on behalf of such
Minors The Service is available only to, and may only be used
by, individuals who are 18 years of age and older, and who can form
legally binding contracts under applicable law. By registering with
the Service, you represent and warrant that you are at least 18
years old and that all registration information you submit is
accurate and truthful. We may, in our sole discretion, refuse to
offer access to or use of the Service to any person or entity and
change the eligibility criteria at any time. This foregoing is void
where prohibited by law and the right to access the Service is
revoked in such jurisdictions.
Scope of License to Users.
License Grant to You. The Service is licensed, not sold, to
you for use only under the terms of the EULA Subject to your
complete and ongoing compliance with the terms and conditions of the
EULA, L&W hereby grants you a personal, limited, revocable,
non-transferable license to (i) use the App on compatible,
authorized devices that you own or control and (ii) access and use
the Website, in both instances solely for your own use or for the
use of the Subscribing Entity on whose behalf you are authorized to
License Limitations. You may not modify, alter, reproduce, or
distribute the App You may not directly rent, lease, lend, sell,
redistribute or sublicense the Service You may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of any portion of the Service,
any updates, or any part thereof (except as and only to the extent
any foregoing restriction is prohibited by applicable law), nor
attempt to disable or circumvent any security or other technological
measure designed to protect the Service or any content available
through the Service If you breach these license restrictions, or
otherwise exceed the scope of the licenses granted in the EULA, then
you may be subject to prosecution and damages, as well as liability
for infringement of intellectual property rights, and denial of
access to the Service.
Applicability to Updates The terms of the EULA will govern
any updates provided to you by L&W that replace and/or supplement
the App, unless such upgrade is accompanied by a separate license or
revised EULA, in which case the terms of that license or revised
EULA will govern.
Registration and Eligibility.
Account Types and Registration Anyone may browse the
public-facing pages of the Service and take a style quiz, but in
order to become a Client or Designer, you must create an account.
Client To become a Client, you must provide your zip
code, phone number, email address, name and a username and
password You may also register by connecting to your social
network You will also take a style quiz (to help us determine
your preferred design styles) and select from a variety of
design packages which will include a style board, furniture
plan, shopping list and instructions from your Winning Designer
(as defined below) (such packages,
"Design Packages") based on your space
Designer To become a Designer, you must submit an
application to L&W for approval. Each application will consist
of your resume and sample style boards or designs Design
applications must be submitted via the Website or by email when
instructed by L&W. L&W will respond to all applications as soon
as possible, typically within 7 business days. L&W's decision to
accept or reject any application is within its sole and
exclusive discretion and L&W is under no obligation to accept
any designer. If accepted, Designer is required to enter into
the Supplemental Designer Agreement as a condition of becoming a
Designer through the Service. L&W will generate a profile for
the Designer on the Service which will feature a picture and
portfolio of the Designer, both subject to the license grants
for Your Content (as defined below) in Section 5.
Account Security Your account is personal to you, and you may
not share your account information with, or allow access to your
account by, any third party As you will be responsible for all
activity that occurs under your access credentials, you agree to use
reasonable efforts to prevent unauthorized access to or use of the
Service and to preserve the confidentiality of your username and
password, and any device that you use to access the Service You
agree to notify us immediately of any breach in secrecy of your
log-in information If you have any reason to believe that your
account information has been compromised or that your account has
been accessed by a third party, you agree to immediately notify L&W
by e-mail to firstname.lastname@example.org You will be solely responsible
for the losses incurred by L&W and others due to any unauthorized
use of your account.
Content You Submit; License Grants from You.
Your Content. If you are a Client, you may be able to create,
post, or share content, such as pictures of your space, floor plans
and household objects ("Client Content") If
you are a Designer, the Service may provide you with the ability to
create, post, or share content, such as design submissions and
pictures for your profile
("Designer Content"; collectively, with
Client Content, "Your Content") L&W claims
no ownership or control over Your Content You or a third-party
licensor, as appropriate, retain all copyright, patent, and
trademark rights to any of Your Content that you post on or through
the Service You are responsible for protecting those rights.
License Grants to L&W. By creating, posting, or sharing Your
Content on or through the Service, and subject to L&W's Privacy
Policy, you grant L&W a world-wide, non-exclusive, sub-licensable,
royalty-free, transferable license to use, modify, remove, publish,
transmit, or display Your Content in order to (a) facilitate matches
between Designers and Clients and (b) advertise and promote the
You Must Have Rights to the Content You Post. You represent
and warrant that: (i) you own Your Content or otherwise have the
right to grant the license set forth in the EULA, (ii) the posting
and use of Your Content on or through the Service does not violate
the privacy rights, publicity rights, copyrights, contract rights,
intellectual property rights, or any other rights of any person, and
(iii) the posting of Your Content on the Service does not result in
a breach of contract between you and a third party You agree to pay
for all royalties, fees, and any other monies owing any person by
reason of Your Content that you post on or through the Service You
also acknowledge and agree that Your Content is non-confidential and
A Client wishing to engage a Designer and purchase a Design Package
through the Service will initiate a request for proposals
(a "Project") for Designers. The Project will
provide the Client with an opportunity to select from a variety of
custom designs that will make up the interior design portion of the
Design Package (design, the "Custom Design").
Entering the Project: The first Designers
(the "Entrants") to respond to a Project may
submit Custom Designs for the Client's consideration Each Entrant
will have up to 5 days following the date the Project is posted to
the Service (the "Project Term") to submit a
Iterating during the Project: The Client will consider the Custom
Designs and respond to any questions during the Project Term. All
questions asked and responses made during the Project will be
viewable by all Entrants.
Choosing the Winning Designer: Following the iteration/design
period, the Client will select the Winning Designer within 14 days
of the end of the Project Term.
Moving forward with the Winning Designer and Custom Design: The
Winning Designer will promptly submit to the Client a floor plan,
shopping list, style plan and answers to any of the Client's
questions. Once a Winning Designer has been chosen, the Winning
Designer will receive payment pursuant to Section 7 below.
Design Package: The fee (the "Fee") to be charged to Clients
for each Design Package will be set forth on the Service. The
Fee is due and payable in advance of Client’s initiation of a
Merchandise Purchased on Client's Behalf by L&W: Client's
invoice will include a 6.0% charge to cover retailers’
average shipping charges as well as a 9.0% charge to cover
applicable sales taxes (where required by law) as well as
credit card processing fees.
Payments: The Service currently uses third parties to
process payments. Our third-party payment processors accept
payments through various credit cards, as detailed on the
applicable payment screen. All monetary transactions on the
Service take place in U.S. Dollars.
Taxes: Clients are responsible for determining and paying
the appropriate government taxes, fees and service charges
resulting from a transaction occurring through the Service,
except for taxes on L&W's income. We are not responsible for
collecting, reporting, paying or remitting to you any such
taxes, fees or service charges, except as may otherwise be
required by law.
Taxes Associated with Merchandise Obtained Through L&W:
L&W's personal shopping assistants assist Clients in
purchasing items from their shopping list sourced by their
Designer. At no time does L&W take title to or possession of
the personal property purchased by a Client. Title to and
possession of such personal property pass directly from the
selling vendor to a Client and such vendor is responsible for
collecting and remitting any applicable sales taxes to the
appropriate jurisdictions where it conducts business.
Refunds: If Client is not satisfied with at least one
concept board received, Client can receive a full refund. To
receive a refund, Client must contact
email@example.com prior to selecting a Designer
and within 7 days of receiving his/her third concept board, or
within 7 days of being electronically matched with a designer
if applicable. In order to process a refund, we will require
Client to speak with us via phone about the concept boards received
and what else we can do to satisfy Client.
Designers L&W will pay Winning Designers an amount equal to
the Fee, less L&W's commission (as set forth on the Service), upon
selection as a Winning Designer Winning Designer's will be paid
through a third party online payment processor (e.g. Stripe)
Payments for Projects that result in a Winning Designer occur
bi-weekly, on Fridays.
Sending Messages Through the Service
Users may message each other through the Service You agree that your
use of the Service will not include sending unsolicited marketing
messages or broadcasts (i.e. spam) L&W will utilize any means possible
to block spammers and abusers from using the Service If you believe
spam originated from the Service, please email us immediately at
Third Party Materials; L&W Content.
You understand that by using the Service, you may encounter data,
information, applications, materials and other content from third
parties, including other users
(collectively, "Third Party Materials"), and
data, information, applications, materials and other content from
L&W (collectively, "L&W Content" and,
together with Third Party Materials, but excluding Your Content,
"Service Content"), that may be offensive,
indecent, or objectionable Nevertheless, you agree to use the
Service at your sole risk and that L&W shall not have any liability
to you for any Service Content that may be found to be offensive,
indecent, or that is inaccurate, incomplete, untimely, invalid,
illegal, indecent, of poor quality or otherwise objectionable You
use the Service, and rely upon any Service Content accessible
through the Service, at your sole risk.
In addition, third party services and Service Content that may be
accessed from, displayed on or linked to your device are not
available in all languages or in all countries L&W makes no
representation that the Service, any third party services, and
Service Content are appropriate or available for use in any
particular location To the extent you choose to access such services
or materials, you do so at your own initiative and are responsible
for compliance with any and all applicable laws.
Your Use of the Service and Service Content.
Your right to use the Service is a privilege, not a right, and is
expressly conditioned on the following:
You may access the Service solely as intended through the provided
functionality of the Service and as permitted under the EULA.
You agree not to copy, reproduce, distribute, publish, display,
perform, transmit, stream or broadcast any part of the Service
without L&W's prior written authorization, including, by way of
example and not limitation, by doing or engaging in any of the
following without L&W's express written consent:
altering, defacing, mutilating or otherwise bypassing any
approved software through which the Service is made available;
using any trademarks, service marks, design marks, logos,
photographs or other content belonging to L&W or obtained from
You agree not to bypass, circumvent, damage or otherwise interfere
with any security or other features of the App designed to control
the manner in which the Service is used, harvest or mine Service
Content from the Service, or otherwise access or use the Service in
a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit or authorize the
translation, reverse engineering, disassembling or hacking of any
aspect of the Service, including any Service Content available on or
through the Service, or attempt to do any of the foregoing, except
and solely to the extent permitted by the EULA, the authorized
features of the Service, or by law, or otherwise attempt to use or
access any portion of the Service other than as intended by L&W.
You agree not to use, display, mirror, frame or utilize framing
techniques to enclose the Service, including any Service Content
available on or through the Service, or any portion thereof, through
any other application or website, unless and solely to the extent
L&W makes available the means for embedding any part of the Service
or Service Content.
You agree not to access, tamper with, or use non-public areas of the
Service, L&W's (and its hosting company's) computer systems and
infrastructure, or the technical delivery systems of L&W's
You agree not to harass, abuse, harm or advocate or incite
harassment, abuse or harm of another person or group, including L&W
employees and other users.
You agree not to provide any false personal information to L&W or
any other user, or create a false identify or impersonate another
person or entity in any way.
You agree not to create a new account with L&W, without L&W's
express written consent, if L&W has previously disabled an account
You agree not to solicit, or attempt to solicit, personal
information from other users.
You agree not to restrict, discourage or inhibit any person from
using the Service, disclose personal information about a third
person on the Service or obtained from the Service without the
consent of such person, or collect information about users.
You agree not to use the Service, without L&W's express written
consent, to communicate or facilitate any commercial advertisement
or solicitation, except as expressly permitted in the EULA.
You agree not to gain unauthorized access to the Service, to other
users' accounts, names or personally identifiable information, or to
other computers or websites connected or linked to the Service.
You agree not to post, transmit or otherwise make available any
virus, worm, spyware or any other computer code, file or program
that may or is intended to disable, overburden, impair, damage or
hijack the operation of any hardware, software or telecommunications
equipment, or any other aspect of the Service or communications
equipment and computers connected to the Service.
You agree not to interfere with or disrupt the Service, or networks
or servers connected to the Service, or violate the regulations,
policies or procedures of such networks or servers.
You agree not to violate any applicable federal, state or local laws
or regulations or the EULA.
You agree not to assist or permit any persons in engaging in any of
the activities described above.
Third Party Software.
The App consists of a package of components, including certain third
party software ("Third Party Software" and
together with the App, the "Package") provided
under separate license terms
(the "Third Party Terms"), as described in
more detail in Section 26 Your use of the Third Party Software in
conjunction with the App in a manner consistent with the terms of the
EULA is permitted, however, you may have broader rights under the
applicable Third Party Terms and nothing in the EULA is intended to
impose further restrictions on your use of the Third Party Software.
Consent to Use of Data.
You agree that L&W may collect and use technical data and related
information, including, but not limited to, UDID, contacts, usage
data, location and other technical information about your device,
system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product
support, and other services to you (if any) related to the Service,
and to anonymously track and report your activity inside of the
Service, including for analytics purposes Please see the
regarding the information L&W collects, and how it uses and discloses
The Service, Service Content, and the media and materials contained
therein, including all intellectual property rights therein, are the
sole and exclusive property of L&W and its licensors Except for the
limited licenses expressly granted to you under the EULA, no other
rights, licenses, or immunities are granted or will be deemed to be
granted to you under the EULA, either expressly, or by implication,
estoppel or otherwise.
We appreciate hearing from our users and welcome your comments
regarding the Service Please be advised, however, that if you send us
creative ideas, suggestions, inventions, or materials
("Creative Ideas"), we will:
own, exclusively, all now known or later discovered rights to the
not be subject to any obligation of confidentiality and will not be
liable for any use or disclosure of any Creative Ideas; and
be entitled to unrestricted use of the Creative Ideas for any
purpose whatsoever, commercial or otherwise, without compensation to
you or any other person.
Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent
access to the Service for any reason, at our discretion We reserve the
right to refuse to provide the Service to you in the future L&W may
review and remove any of Your Content at any time for any reason,
including activity which, in its sole judgment: violates the EULA;
violates applicable laws, rules, or regulations; is abusive,
disruptive, offensive or illegal; or violates the rights of, or harms
or threatens the safety of, Users of the Service You are responsible
for any claims, fees, fines, penalties, and other liability incurred
by us or others caused by or arising out of your breach of the EULA
and your use of the Service.
Changes to the Service We may change, suspend, or discontinue
any aspect of the Service at any time, including hours of operation
or availability of the Service or any feature, without notice or
User Disputes We are not responsible for any disputes or
disagreements between you and any third party you interact with
using the Service (including, without limitation, Designer and third
party partners (including furniture or design item suppliers).
However, to the extent disputes between users arise in connection
with the use of the Service, L&W reserves the right, in its sole and
exclusive discretion, to mediate between the subject users to an
effort to resolve the dispute.This includes disputes between Clients
and Designers. You assume all risk associated with dealing with
third parties. You agree to resolve disputes directly with the other
party You release L&W of all claims, demands, and damages in
disputes among users of the Service You also agree not to involve us
in such disputes Use caution and common sense when using the Service
If you participate in an Installation, you are solely responsible
for your interactions with other Users You understand that L&W does
not currently conduct background checks, including criminal
background checks, on its Users L&W makes no representations or
warranties as to the conduct of Users IN NO EVENT WILL THE RELEASED
PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE
CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE
SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR
MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET
THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU
MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE
SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE,
INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING
SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT,
INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM
RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS
OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND
DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES
LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES
DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED
PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE,
SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY
TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE
SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
Content Accuracy We make no representations about accuracy,
reliability, completeness, or timeliness of any contents of the
Service, including Designs Similarly, we make no representations
about accuracy, reliability, completeness, or timeliness of any data
from a third-party service provider or the quality or nature of
third-party products or services obtained through the Service Use
the Service at your own risk.
Third-Party Websites The Service may include links to third
party websites and applications You are responsible for evaluating
whether you want to access or use them We are not responsible for
and do not endorse any features, content, advertising, products, or
other materials on other websites or applications You assume all
risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results
from the use of the Service.
No Employment Relationship L&W is not an employment service
and does not serve as an employer of any user. While certain L&W
employees may apply for and become Designers, any services or
transactions engaged in by such Designers is solely in their
independent capacity and not as an employee of L&W. L&W is not be
liable for any tax or withholding, including but not limited to
unemployment insurance, employer's liability, social security or
payroll withholding tax in connection with your use of the Service.
You understand and agree that, if L&W is found to be liable for any
tax or withholding tax in connection with your use of the Service,
then you will immediately reimburse and pay L&W an equivalent
amount, including any interest or penalties thereon.
No Agency Relationship No independent contractor, agency,
partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by this
Agreement or any terms herein. Without limiting the foregoing,
except as expressly set forth herein, L&W is not acting and does not
act as an agent for any user (Designer or otherwise) of the Service.
No Designer or any other user of the Service has any authority to
bind or commit L&W to any agreements or other obligations, absent
L&W's prior written consent which may be granted or withheld at the
sole discretion of L&W.
Taxes You acknowledge and agree that you are solely
responsible for complying with all applicable tax laws and
regulations related to your use of the Service. Without limiting the
foregoing, each Designer is solely responsible for determining any
applicable local indirect taxes and for including such taxes or
obligations related to any transactions made with any user of the
Service. L&W is not responsible for any taxes related to your use of
the Service. If payments exceed US$600.00, Designer acknowledges and
agrees that he or she or it must provide a US Tax Identification
number (Social Security number or otherwise) and L&W shall issue
Form-1099 Tax forms as appropriate.
The EULA is effective until terminated by you or L&W Your rights under
the EULA will terminate automatically without notice from L&W if you
fail to comply with any term(s) of the EULA (including by violating
any license restriction provided herein) You may terminate the EULA by
uninstalling the App Upon any termination of the EULA, you must
immediately cease all use of the Service If you are a Winning Designer
and terminate your account before you have completely delivered the
Design Package, you may not be allowed to use the Service in the
"Released Parties" include L&W and its
affiliates, officers, employees, agents, partners, and licensors YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY
BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE
AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY
ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED
THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
USE OF ANY SUCH MATERIAL.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF L&W HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A
RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD
PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE
AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH
MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE
OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE
GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO L&W,
(B) IF YOU ARE A DESIGNER, THE FEES PAID BY L&W TO YOU, AND (C) $100.
You agree to defend, indemnify, and hold harmless the Released Parties
from and against any claims, actions, or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting
from (i) your use of or reliance on any third-party content, (ii) your
use of or reliance on any L&W Content or Designs, (iii) any services
you did or did not receive from any Designer, or (iv) your breach of
the EULA We will provide notice to you promptly of any such claim,
suit, or proceeding.
Third Party Disputes.
L&W IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD
PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE
PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT
LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND
SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe in
good faith that materials posted on the Service infringe your
copyright, you (or your agent) may send L&W a "Notification of
Claimed Infringement" requesting that the material be removed, or
access to it blocked The notice must include the following
A physical or electronic signature of a person authorized to act
on behalf of the owner of the works that have been allegedly
Identification of the copyrighted work alleged to have been
infringed (or if multiple copyrighted works located on the
Service are covered by a single notification, a representative
list of such works);
Identification of the specific material alleged to be infringing
or the subject of infringing activity, and information
reasonably sufficient to allow L&W to locate the material on the
Your name, address, telephone number, and email address
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send L&W
Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see
for details Notices and counter-notices with respect to the Service
should be sent to 708 N Croft Avenue, Los Angeles,
California 90069 (firstname.lastname@example.org) and/or
email@example.com. Consult your legal advisor
and see 17 U.S.C. §512 before filing a notice or counter-notice as
there are penalties for false claims under the DMCA.
The EULA and the relationship between you and L&W will be governed
by the laws of the State of California without regard to its
conflict of law provisions You and L&W agree to submit to the
personal and exclusive arbitration of any disputes relating to your
use of the Service under the rules of the American Arbitration
Association Any such arbitration, to the extent necessary, shall be
conducted in Los Angeles County in the State of California and you
agree to submit to the jurisdiction of such arbitral forum in Los
Angeles County in the State of California You covenant not to sue
L&W in any other forum.
You also acknowledge and understand that, with respect to any
dispute with the Released Parties arising out of or relating to your
use of the Service or the EULA:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A
PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS,
IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM
AROSE OR IT IS FOREVER BARRED, UNLESS CONTRARY TO APPLICABLE
Assignment You may not assign this EULA or any of the rights
or licenses granted hereunder, directly or indirectly, including by
sale, merger, change of control, operation of law or otherwise,
without the prior written consent of L&W L&W may assign the EULA,
including all its rights hereunder, without restriction.
Survival The provisions of the EULA that are intended to
survive the termination of the EULA by their nature will survive the
termination of the EULA, including, but not limited to, Sections 2
(General), 5 (Content You Submit; License Grants from You), 11
(Your Use of the Service and Service Content), 12
(Third Party Software), 13 (Consent to Use of Data), 14 (Ownership),
15 (Feedback), 17 (L&W's Liability), 18 (Termination), 19
(Disclaimer), 20 (Limitation of Liability), 21 (Indemnity), 21
(Third Party Disputes), 23 (Copyright Policy), 24
(Dispute Resolution), and 25 (Miscellaneous).
Consent to Electronic Communications By using the Service,
you consent to receiving certain electronic communications from us
Policy to learn more about your choices regarding our electronic
communications practices You agree that any notices, agreements,
disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements,
including that such communications be in writing.
expressly incorporated by reference herein, constitute the entire
and exclusive understanding and agreement between you and L&W
regarding your use of and access to the Service, and, except as
expressly permitted above, may be amended only by a written
agreement signed by authorized representatives of all parties to the
EULA The failure to require performance of any provision will not
affect our right to require performance at any time thereafter, nor
will a waiver of any breach or default of the EULA or any provision
of the EULA constitute a waiver of any subsequent breach or default
or a waiver of the provision itself Use of section headers in the
EULA is for convenience only and will not have any impact on the
interpretation of particular provisions In the event that any part
of the EULA is held to be invalid or unenforceable, the
unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and
effect You agree that no joint venture, partnership, employment, or
agency relationship exists between you and L&W as a result of the
EULA or use of the Service.
NOTICE REGARDING APPLE.
You acknowledge that the EULA is between you and L&W only, not with
Apple, and Apple is not responsible for the App or the content thereof
Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the App In the event of any failure
of the App to conform to any applicable warranty, then you may notify
Apple and Apple will refund the purchase price for the relevant App to
you; and, to the maximum extent permitted by applicable law, Apple has
no other warranty obligation whatsoever with respect to the App Apple
is not responsible for addressing any claims by you or any third party
relating to the App or your possession and/or use of the App,
including, but not limited to: (i) product liability claims; (ii) any
claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation Apple is not responsible for the
investigation, defense, settlement and discharge of any third party
claim that the App or your possession and use of the App infringes
that third party's intellectual property rights You agree to comply
with any applicable third party terms, when using the App Apple, and
Apple's subsidiaries, are third party beneficiaries of the EULA, and
upon your acceptance of the EULA, Apple will have the right (and will
be deemed to have accepted the right) to enforce the EULA against you
as a third party beneficiary of the EULA You hereby represent and
warrant that (i) you are not located in a country that is subject to a
U.S Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties
If L&W provides a translation of the English language version of these
Terms, then the translation is provided solely for convenience, and
the English version shall prevail.
If you have any questions about the EULA or any other matters, you can
contact Laurel & Wolf, Inc. by e-mail at
firstname.lastname@example.org, or by U.S. Post at Laurel
Wolf, Inc., 708 N Croft Avenue, Los Angeles, California 90069.
The EULA was last updated on June 22, 2016.
Copyright © 2015 Laurel & Wolf, Inc. All rights reserved.