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Terms & Conditions
Last updated: November 1, 2009
By using the iSearchDecor website ("Site"), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use the Site. Your continued use of the Site will constitute your acceptance of these Terms and Conditions, as may be modified by iSearchDecor at any time without notice to you.
When you visit the Site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
iSearchDecor offers a connection service between consumers and businesses in the home décor industry. Consumers receive referral matches to stores and service providers based on consumer preference and style. Business referrals obtained through iSearchDecor's merchant network are provided free of charge to the consumer. iSearchDecor earns revenue from participating stores and service providers based on the delivery of consumer leads.
iSearchDecor does not guarantee that we will be able to match your request or that there are merchants willing or capable to fulfill your request. Although we make certain steps to examine the credentials of our listed merchants, we make no guarantees or representations regarding the skills or representations of merchants, nor the quality of the products or services offered. iSearchDecor does not endorse or recommend the products or services provided by the merchants matched to you, It is entirely up to you to enter into a direct contract with each merchant or service provider. Merchants are not employees or agents of iSearchDecor, nor is iSearchDecor an agent of the merchants. Your rights under contracts you enter into with merchants are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any merchant, you must address such dispute with the merchant directly, and you hereby agree to release iSearchDecor (and our officers, directors, affiliates, employees and agents) and any other person, firm or entity (including our business partners such as product manufacturer or suppliers who may employ the iSearchDecor matching application) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with merchants.
Information You Provide to Us
You agree that by completing a match request, you are entering into a business agreement with iSearchDecor and its partners and thus agree to be contacted by iSearchDecor and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or iSearchDecor has reasonable grounds to suspect that such information untrue, inaccurate not current or incomplete, iSearchDecor has the right to refuse any current or future use of the iSearchDecor services (or any portion thereof) by you.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO ISEARCHDECOR AND ITS PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SISEARCHDECOR AND EACH ISEARCHDECOR MERCHANT AND SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF ISEARCHDECOR AND EACH OF THE AFFECTED MERCHANTS FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY APPLY TO SUCH FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
All of the content in the Site is made available only for your personal, lawful, non-commercial use in connecting with locating sources for home décor. Unless agreed to in writing by iSearchDecor, use of the Site by any competitor company or other non-consumer third party is strictly prohibited. iSearchDecor grants you limited license to access and make personal use of this Site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of iSearchDecor. This Site or any portion of this Site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of iSearchDecor. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) iSearchDecor without the express written consent of iSearchDecor. You may not use META tags or any other "hidden text" which utilize iSearchDecor or any other derivative of our domain or company name without the express written consent of iSearchDecor. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of iSearchDecor so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. Additionally, you may not, without written permission: (i) link from another Website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval or data or other content from the Site.
Copyrights, Trademarks and Service Marks
Except as otherwise indicated, all materials in the Site, including without limitation the iSearchDecor logo and other iSearchDecor trademarks and service marks, are the property of iSearchDecor, LLC, and/or its affiliates and are protected by international copyright and trademark laws, all rights reserved. You may request to use materials from the Site by contacting iSearchDecor, LLC at 480-619-5505. Any other use is prohibited. "iSearchDecor" is a registered service mark of iSearchDecor, LLC. Other service names presented on this site are service marks of iSearchDecor, LLC, except for those of merchants, stores and service providers, which are service marks of their respective entities.
Disclaimer of Warranties
All information, products, content and other materials in the Site is provided "as is" and without warranties or representations of any kind, either express of implied. iSearchDecor does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any e-mails sent by iSearchDecor, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will match for the products and services offered by the businesses in our network; (v) the ,materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in all jurisdictions.
Limitation of Liability
iSearchDecor shall not be liable for any loss, damage, injury or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if iSearchDecor has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; or (ii) any defect, omission, error, interruption, delay or computer virus.
Merchant and Service Professional Prescreening Procedures and Disclaimers
iSearchDecor uses the following criteria as part of the registration process ("registration") for new merchants:
- Licensing. iSearchDecor confirms at the time of a merchant's registration, that a prospective new merchant has all applicable required state-level trade licensing.
- Insurance/Bonding. Where relevant, iSearchDecor confirms general liability insurance coverage or bonding information presented by merchants in their profiles at the time of their registration with iSearchDecor.
- State Business Filings. For business types that require a Secretary of State filing, we confirm that the merchant is in good standing in the state in which it is located. This check applies to merchants that are corporations and Limited Liability Companies (LLC's).
- Criminal Records Search. iSearchDecor confirms that there is no relevant criminal activity associated with the owner/principal of the business.
- Sex Offender Search. In the state in which the owner/principal of the company is located, we check the state's official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states.
- Identity Verification. iSearchDecor confirms that the merchant's owner/principal is a legal U.S. citizen and has a valid Social Security Number for identity check purposes. This check applies primarily to smaller business entities.
- Legal Search for Civil Judgments. We confirm with the principal / owner of the business that there are no significant state-level civil legal judgments entered against the principal / owner by business customers within the three years prior to such merchant's registration with iSearchDecor. We confirm with the merchant that there are no bankruptcy filings by or against the principal / owner.
NOTE: Merchant information confirmed at the time of enrollment as described above may change or expire over time; while iSearchDecor attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the merchant applies for membership in the iSearchDecor network, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a merchant you verify that information presented in the Merchant's profile is still current and/or acceptable to you.
iSearchDecor allows merchants to post profiles about themselves and their business on the iSearchDecor Web site. iSearchDecor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the merchant.
The above procedures may change from time to time at the sole discretion of iSearchDecor. iSearchDecor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, iSearchDecor advises consumers to check these matters for themselves especially at future dates. iSearchDecor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that iSearchDecor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
You agree to indemnify, defend and hold harmless iSearchDecor, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or your use and access of the Site.
You acknowledge and agree that the iSearchDecor services and Site are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and iSearchDecor 's sole obligation to you or any third party for any claim arising out of your use of the iSearchDecor services or the iSearchDecor Site, is that you are free to discontinue your use of the iSearchDecor services or the iSearchDecor Site at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ISEARCHDECOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT ISEARCHDECOR SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ISEARCHDECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF YOUR USE OF THE SITE OR THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW THEREFROM. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
The Terms and Conditions will inure to the benefit of iSearchDecor 's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of iSearchDecor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the iSearchDecor services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved to iSearchDecor exclusively.
Jurisdiction, Enforceability, and Termination
These Terms and Conditions and your use of the Site are governed in all respects by the laws of the State of Arizona, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit or access of the Site shall be submitted to binding arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate iSearchDecor's intellectual property rights, iSearchDecor may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. In the event that a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid or unenforceable, then such provision shall be severable form and shall not affect the validity or enforceability of the remaining provisions.
iSearchDecor is an online lead generation service where consumers can connect with resources in the home décor marketplace. iSearchDecor does not recommend or endorse any specific resource and does not provide advice on which merchant to select or which products or services to select. Linked websites are not under the control of iSearchDecor and iSearchDecor is not responsible for the contents of any linked site or any link contained in a linked site. iSearchDecor provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by iSearchDecor of the site.