Terms & Conditions
This Terms of Use Agreement is effective as of 07.15.2024.
Introduction. Welcome to our website, thecluttercurator.com (the “Site.”) This Terms of Use Agreement (the “Agreement”) is entered into between you and The Clutter Curator, Inc. (the “Company”) and defines the terms and conditions applicable to your use of and purchase of products and/or services from the Site. The terms “we, “us,” and “our” refer to the Company. The terms “user,” “customer,” “you,” and “your” refer to visitors and users of the Site.
Agreement. This Site is maintained as a service to our customers. By using this Site, you agree that you have read, understood, and agree to be bound by the following terms and conditions of use. You further agree that you are at least 18 years old or of legal age in your applicable jurisdiction and can enter into a legally binding contract with the Company. Please review these terms and conditions carefully. You should not use this site if you do not agree to these terms and conditions. Please also note this Agreement may be modified at any time by the Company, with or without notice. Any such modifications shall be effective immediately. Your continued use of any part of this Site or any service constitutes your acceptance of such changes to this Agreement. You can view the most recent version of these terms at any time here.
Privacy Policy. We care about data privacy and security when you visit our Site. Please review our Privacy Policy. By using our Site, you agree to be bound by this Privacy Policy, which is incorporated by reference into this Agreement. Please be advised our Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you are transferring your data to the United States through your continued use of the Site, and you agree to have your data transferred to and processed in the United States.
User Representations. By using the Site, you represent and warrant that: (i) you have the legal capacity to do so and you agree to comply with this Agreement; (ii) you agree not to copy materials on the site, reverse engineer, or break into the site, or use materials, products or services in violation of any law; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation. If you provide any information that we deem to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Ownership. All content included on the Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary laws. The Site and the Company own and retain all proprietary rights to the Site, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, modify, create derivative works of, republish, transmit, sell, exploit, or distribute the proprietary information of the Site and the Company. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. By posting information to the Site and the Company, you represent that you have the right to grant permission for use by the Site and the Company.
Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than as set out in this section, please email your request to: sarah@thecluttercurator.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use these trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Hyperlinking. This Site may be hyperlinked to and by other websites that are not maintained by or related to the Company. Hyperlinks to such other sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with this Site or Company. Company has not reviewed every page of these other sites and is not responsible for the content of any linking sites. Any links made directly from Site to another web page should be accessed at your own risk. You are responsible for reviewing the terms and conditions of use, and any privacy policies, for any third-party sites. Company makes no representations or warranties about the content, completeness, quality, or accuracy of any other such website and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
Social Media Services. You may be able to log into, and use, the Site through various online third-party services. Any information you provide to such third-party services that is provided to us will be used, stored, and disclosed by us pursuant to our Privacy Policy. The manner in which your information is used, stored, and disclosed by these third-party services is governed solely by those third parties. Company has no liability or responsibility for the actions of, or failure to act by, such third parties.
Third Party Providers. Our Site may contain links to third-party websites, advertisers, services, software components, special offers, or other events or activities that are not owned or controlled by us. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service, or content from our Site, you do so at your own risk, and you agree that Company has no liability arising from your use of, purchase from or access to any third-party website, service, or content, etc. By using our website and services, you consent to Company sharing your information as necessary to enable third parties’ activities. Third-party providers are subject to a separate privacy policy and terms of use. By using our website and services, you indicate that you have reviewed our third-party service providers' privacy policies and terms of use and agree to both.
You further acknowledge that Company does not and cannot control any third-party service provider’s technology or actions and are not responsible for any cessation or interruption of the services, compatibility with the services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us and third-party providers as part of the services.
The inclusion of a link to any other website or resources is for your convenience only. Company has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Company will not be held liable for any damages or claims arising from your use of these outside websites.
Personally Identifiable Information. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy as well as in conformance with all applicable laws, rules, and regulations.
Security. Any passwords used for this Site are for individual use only. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to User’s computer. If you suspect your password has been compromised, you will need to promptly change it.
Company cannot guarantee complete security of private information, including passwords and account information. Please notify us immediately of any unauthorized access to your account or any other breach of security. From time to time, Company may require that you change your password.
If you are under 18, you may not use this Site or the Service. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion if it suspects that the User is not permitted to use its Site.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Non-Reliance. Opinions, advice, statements, or other comments on this Site should not necessarily be relied upon and should not be construed as professional advice from Site or Company. Site and Company do not guarantee the accuracy or completeness of the information provided and are not responsible for any loss resulting from your reliance on such information.
Company specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Your use of the Site, the internet in general, any materials you access via our Site and your conduct online or offline (including any interactions with third-party service providers) are at your own risk.
Indemnification. You agree to indemnify, defend and hold harmless Company and our partners, employees, affiliates, agents, licensors, and service providers from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorney's fees, related to your use of the Site and/or your violation of this Agreement.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE BUSINESS, ORGANIZATIONAL, OR DESIGN ADVICE. VIEWING THIS WEBSITE DOES NOT FORM ANY BUSINESS RELATIONSHIP BETWEEN YOU AND COMPANY OR SARAH PARISI PERSONALLY. ALTHOUGH THIS SITE PROVIDES INFORMATION RELATED TO DESIGN AND ORGANIZATIONAL SERVICES, YOUR USE OF THE SITE DOES NOT CREATE ANY BUSINESS RELATIONSHIP BETWEEN YOU AND COMPANY, SARAH PARISI, OR ANY OF COMPANY’S REPRESENTATIVES. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL PROVIDED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE AND ITS PROVIDERS IS SOLELY AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. ALL INFORMATION ON THE SITE IS PROVIDED IN GOOD FAITH, HOWEVER WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO DISCONTINUE USING THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied by Company or another user in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated on this Site, please provide a notice, as set forth in the Digital Millennium Copyright Act of 1998, containing all of the following information to Sarah at sarah@thecluttercurator.com: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the allegedly infringing material is located on the Site; (iv) Your address, telephone number, and e-mail address; (v) A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Right to Monitor. The Company reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site.
Feedback, Comments, and Testimonials. With your prior permission, you agree that the Company has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Services, or otherwise, for the purposes of marketing or promoting the Company’s services.
Use of Information. Company reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you to the Site in any manner consistent with our Privacy Policy.
No Warranties. The Site and the Company provide the Site on an “as is” basis and do not make any warranty, express, implied, limited, or other, with respect to the services provided. The Site and Company do not warrant that the service will always be available, uninterrupted, error-free, meet your requirements, or that any defects in the services will be corrected. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS.
Jurisdiction and Applicable Law. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company.
Dispute Resolution. At our sole discretion, we may require you to submit any claims or disputes arising from the use of the Site, or any services or items obtained through the Site, or these Terms of Use, including claims or disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or the breach of the Terms of Use, to final, non-appealable, and binding arbitration under the Rules of Arbitration of the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Chicago, Illinois. The parties further agree that any arbitration proceedings shall be conducted by a single arbitrator selected by mutual agreement or, failing such agreement, appointed by the AAA. In adjudicating the dispute, the arbitrator shall apply the laws of the State of Colorado without regard to conflict of law principles. Each party shall pay its own attorneys’ fees and costs and its proportionate share of arbitrator fees and the arbitration fees and expenses of the AAA. The parties waive any right to lead, pursue, or participate in any claims against each other in court, including any class action lawsuit and the right to a jury trial.
The parties both further agree that prior to arbitration, they will make a good-faith effort to resolve the dispute without the necessity of outside intervention.
Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Entire Agreement. This Terms of Use constitutes the entire agreement between you and Company, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Waiver. Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Violations. Please report any and all violations of this Agreement to the Company as follows:
Sarah Parisi
sarah@thecluttercurator.com