Terms of Use

Last updated: December 2024

1. ACCEPTANCE OF TERMS

The following agreement outlines your obligations when using the Josh Green Design LLC (“JGD”) website available at https://www.joshgreenedesign.com/ or any other websites of JGD (the “Site”). The Site is owned and operated by JGD, and is accessed by you under the terms of use described below (“Terms of Use”). These Terms of Use are legally binding on all users of this Site and constitute a legally binding agreement between you (“User”) and JGD. By accessing this Site, User expressly and irrevocably agrees to the Terms and to abide by the Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. JGD’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY JGD, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATION OF TERMS OF USE

JGD reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. Any such modification will be posted on the Site. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

3. CONTENT OWNERSHIP AND USAGE RIGHTS

JGD shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by JGD, or a third party who licensed the right to use such content to JGD. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that JGD uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of JGD, except as provided in these Terms of Use, without prior written consent or otherwise permitted by relevant law.

4. INDEMNITY

You will indemnify and hold harmless JGD, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney fees and costs) from any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

5. WARRANTY DISCLAIMERS

Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, JGD makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER JGD NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF JGD, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. JGD IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL JGD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL JGD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. RELEASE

To the fullest extent permitted by applicable law, you release JGD and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

7. DISCLOSURE

Subject to our Privacy Policy, we reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) maintain, support, enhance and improve our services, (v) respond to your support requests, and/or (vi) protect the rights, property or safety of JGD, its users and/or the public.

8. LINKING AND FRAMING

No link shall be made to any page of this Site, except a direct link to the top page https://www.joshgreenedesign.com, without framing. “Framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of JGD. In addition, any link to this Site must be immediately followed by notice to JGD via e-mail at info@joshgreenedesign.com. Moreover, in the event JGD deems User’s linking practices in relation to this Site to be inappropriate, JGD may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of JGD relating thereto. Upon notification to JGD of User’s link to the Site, as provided above, User may link to this Site unless and until JGD gives notice that User must discontinue linking to this Site.

The Site may provide links to other sites or resources available on the Internet. Links or other resources that may be accessed via this Site and any other third-party content are being provided as a convenience and for informational purposes only unless otherwise expressly noted. Because JGD has no control over such sites and resources, you acknowledge and agree that JGD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources, or of the organizations publishing such websites. You also acknowledge and agree that JGD is not responsible for the accuracy or legality of any such third-party sites or resources or the content that may be accessed via this website. You further acknowledge and agree that JGD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Contact the external third-party website for answers to questions regarding its content.

9. TRADEMARKS AND TRADE NAMES

The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of JGD. JGD’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

10. ELECTRONIC COMMUNICATIONS

We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk.

11. SECURITY

Users are prohibited from violating or attempting to violate the security of the site. JGD will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

12. DISPUTE RESOLUTION

For any dispute or claim that you have against JGD or relating in any way to the Site, you agree to first contact JGD and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to JGD by email at info@joshgreenedesign.com or by certified mail addressed to Josh Greene Design LLC 1133 Broadway #220 New York, NY 10010. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWS, EACH OF YOU AND JGD HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR USE a (INCLUDING THE PRIVACY POLICY) OF THE SITE.

Class Action Waiver: YOU HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. You and JGD acknowledge that this class action waiver is material and essential to the resolution of any claims and is non-severable from this Dispute Resolution section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which you seek class-wide relief, then this Dispute Resolution section (except for this sentence) shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, this Dispute Resolution section shall remain valid with respect to all other claims and disputes. You and JGD acknowledge and agree that under no circumstances will a class action be litigated.

Any claim arising out of or related to these Terms or Use or our Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and JGD will not have the right to assert the claim.

13. GOVERNING LAW; VENUE

Any dispute arising from these Terms of Use (including, without limitation, our Privacy Policy) and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Each of you and JGD hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of New York and the United States, respectively, sitting in the City, County, and State of New York, New York.

14. PRIVACY POLICY

JGD is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at the “Privacy Policy”. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

15. PRODUCTS

Certain products may be available online through the website. These products may have limited quantities and are subject to return or exchange only according to Section 17 below. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

16. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

17. MISCELLANEOUS

In connection with User’s use of and/or access to content contained in certain areas of this Site, it may be necessary for User to consent to policies or terms and conditions in addition to these Terms of Use set forth herein, which User should read carefully before making any use of such content or areas of this Site. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

If you breach any term of these Terms of Use, JGD may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. JGD’s remedies are cumulative and not exclusive. Failure of JGD to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

Users of this Site are responsible for compliance with all applicable regulations and laws. User will not engage in conduct on or in connection with this Site that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to JGD. User will cooperate with all reasonable requests of JGD and will notify JGD promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorized use or abuse of this Site.

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