Terms and Conditions of Use
Thank you for visiting our site. In these Terms and Conditions of Use, “we” or “us” or “Remodel Magic” and its subsidiaries, divisions and affiliates. These Terms and Conditions of Use are applicable to the website operated by Yofresh Hicksville LLC at which they are posted (the “Site”). All such terms and conditions are hereby incorporated by reference into these Terms and Conditions of Use. All users of the Site are subject to these Terms and Conditions of Use.
The Site is intended to be used by U.S. residents 18 years of age or older. You hereby represent and warrant that you are a U.S. resident at least 18 years old.
Site Use Guidelines
The manufacturer and product information and specifications that are provided on any Site are for your information only. Some information provided may not be current, or may have changed since the last time you viewed it. Always verify national and local codes. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE
DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. All specific questions
about products and availability should be addressed to the manufacturer of the particular product. You agree to use the Sites only for lawful purposes.
Proprietary Rights to Content
You acknowledge and agree that, except for User Content, the entire contents of the Sites (including all information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material) and the design, selection, collection, arrangement and assembly thereof, are proprietary of Remodel Magicor its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You are authorized to use the content on the Sites only for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Remodel Magic. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, remove, delete, augment, add to, participate in the transfer of, license or sell any of the material on the Site without the prior written consent of Remodel Magic.
Access and Interference
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access a Site, (b) use any manual process to monitor or copy any of the material on a Site or for any other unauthorized purpose without the prior written consent of Remodel Magic, (c) use any device, software or routine that interferes with the proper working of a Site, (d) attempt to interfere with the proper working of a Site, or (e) take any action that imposes an unreasonable or disproportionately large load on Remodel Magic.
The name and logo, and all related names, logos, product and service names, designs and slogans are service marks or trademarks of Remodel Magic. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the Sites are used for identification purposes only and may be the trademarks of their respective owners.
Liability of MyHome Design & Remodeling and its Licensors
Remodel Magic does not assume any liability for the materials, information and opinions provided on, or available through, the site. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SITES’ CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
Links to Third Party Sites
The Site may contain links to other websites on the internet. Remodel Magic is not responsible for the content, products, services or practices of any third party websites, including without limitation sites linked to or from the Sites, sites framed within a Site or third party advertisements, and does not make representations regarding their quality, content or accuracy. The presence of links from a Site to any third party website does not mean that we approve of, endorse or recommend that website. We disclaim all warranties, express or implied,
as to the accuracy, legality, reliability or validity of any content on any third party website. Your use or third party websites is at your own risk and subject to the terms and conditions of use for such websites.
Social Media Sites
A Site may contain links to third party social media sites, such as Houzz, Facebook, Twitter or YouTube. Remodel Magic makes pages available on any such sites for informational purposes only, subject to the guidelines and/or disclaimers applicable to such pages. Your use of Remodel Magic pages on social media sites are subject to the guidelines and disclaimers posted by Remodel Magic on such sites as well as these Terms and Conditions of Use. Any such guidelines and/or disclaimers are hereby incorporated by reference into these Terms and Conditions of Use.
These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We make no representation that materials on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
These Terms and Conditions of Use, as they may be amended from time to time, constitute the entire agreement and understanding between you and us governing your use of the Sites, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use a particular Site, affiliate services, thirdparty content or thirdparty software. Our failure to exercise or enforce any right or provision of the
Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Neither a course of dealing or conduct between you and Remodel Magic nor any trade practices shall be deemed to modify these Terms and Conditions of Use. 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 Sites or the Terms and Conditions of Use 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 of Use are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, employeeemployer or franchiserfranchisee relationship is intended or created by these Terms and Conditions of Use. Any rights not expressly granted herein are reserved by and for Remodel Magic.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on the Site can be reached at: firstname.lastname@example.org
Modification of Agreement
Notice of all changes to these Terms and Conditions of Use will be delivered via email, and the changed Terms and Conditions of Use will be posted on the Site. Such revised Terms and
Conditions of Use will apply to the use of the Site after they are posted. You will have the time set forth in such notice to inform us if you do not agree with the changes. If you do not agree with the changes in the Terms and Conditions of Use, your sole remedy is to discontinue the use of the Sites. BY USING THE SITES AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
All notices provided for under these Terms and Conditions of Use are to be provided by email. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of the email address that you provide, and all of our notice delivery obligations shall be deemed completed upon the transmission of the email notice from our computer systems, whether or not such notices are in fact received by you. Any email sent to us shall be deemed received by us at the time such notice is actually received on our computer system. Any inquiries concerning these terms and conditions of use should be directed to email@example.com