Privacy Policy and Terms

Larkin Living Spaces LLC Privacy Policy, Terms of Use, Terms of Service

LLS respects your right to privacy. This policy summarizes what personally identifiable information

LLS may collect, and how LLS might use this i nformation. This policy also describes other i mportant

topics relating to your privacy.

LLS will collect personally i dentifiable i nformation as defined under HIPPA and HITECH (including,

without l imitation, name, title, company name, address, telephone number, or e-mail address) that

you voluntarily provide through LLS’ web site, computer application or e-mail correspondence. LLS

will collect general i nformation (such as the type of browser you use, the files you request, the pages

you visit, the time of day they were visited and the domain name and country from which you request

information) to i mprove this web site and better meet your needs.

If you enter i nto a transaction (such as a purchase) at this website or via LLS’ computer application,

you will be required to provide i nformation that i s needed to complete the transaction, i ncluding your

name, shipping address, product selection(s), and your payment i nformation. LLS does not keep any

credit or other payment i nformation l onger than i s necessary i n order to comply with l egal, tax, and

auditing requirements. In some i nstances, your payment i nformation and/or processing may be

handled by a third party provider. When this occurs, LLS will never receive that i nformation.

Other i nformation you provide may be added to LLS’ company database(s) and shared with LLS’

affiliates or third parties i ncluding contractors, dealers, distributors and retailers. LLS may passively

collect i nformation that i s automatically sent to LLS by your web browser, this application or your

internet service provider or mobile carrier. This i nformation typically i ncludes your domain name,

your user name, and your numerical IP address. The amount of i nformation sent by your web

browser depends on i ts settings. Please refer to your browser i f you want to l earn what i nformation i t

sends. LLS use this type of i nformation to see which web pages you visit at our website, which

website you visited before coming to this website, and where you go after you l eave our website.

LLS can then develop statistics that help us understand how LLS visitors use this web site and how

LLS can i mprove i t.

LLS may actively obtain i nformation about you by i nstalling a marker on your computer commonly

called a "cookie." Cookies enable LLS to know you by a computer-generated, unique i dentifier. Your

computer may be specially configured to reject cookies; please refer to your browser for more

information.

Use of Information

The i nformation will be used by LLS to respond to your i nquiries, supply you with requested

information on LLS’ products and services or track orders you place with us. In addition, authorized

third parties may be utilized by us to collect, track and process such i nformation. If you have

submitted personal i nformation to us electronically and would l ike i t removed or modified, please

contact LLS. LLS will use reasonable efforts to comply with your request, but not l ess than

compliance with any applicable l aw. It may be necessary, i f required by l aw or i f pertinent to j udicial

or governmental investigations, to release your personally i dentifiable i nformation. Although LLS has

taken reasonable and prudent measures to protect i ts computer systems from unauthorized third

parties, LLS IS not responsible for unauthorized dissemination or use by such third parties of your

personally i dentifiable i nformation.

LLS may use any of the i nformation gathered at this website (other than credit i nformation) for any

legal purpose. LLS may analyze personal i nformation for historical, statistical or scientific purposes,

or LLS may store the personal i nformation for your convenience should you return to this website or

LLS’ computer applications i n the future. In the course of any of these activities, LLS may transmit

any of the i nformation LLS has collected to another country or share i t with LLS affiliates or third

parties i ncluding contractors, dealers, distributors and retailers. Whenever any personal i nformation

is transferred to an affiliate or third party, that party will be contractually bound to abide by LLS’

LLS may also use your personal i nformation to i nvestigate security breaches or cooperate with

government authorities pursuant to a l egal matter. Personal i nformation collected online may also be

combined with i nformation you have provided to us through other sources such as product

registrations, call centers, or publicly such as at trade shows or seminars.

In addition, LLS may have collected similar i nformation from you i n the past, before LLS’ Privacy

Policy took effect. By using this website or any LLS computer application(s) you agree to the terms

of this privacy policy. By agreeing to the terms of this privacy policy you are consenting to LLS’

continued use of previously collected i nformation under the terms of this privacy policy.

Children and Parents

LLS does not i ntend to collect personally i dentifiable i nformation from children without permission of

the child's parent or l egal guardian. Children should submit personally i dentifiable i nformation to LLS

only with the explicit permission of their parent or l egal guardian. Where appropriate, LLS will i nstruct

children not to submit personal i nformation. If your child has submitted personal i nformation and you

would l ike to request that such i nformation be removed, you may do so as i ndicated above, and LLS

will use reasonable efforts to comply with your request.

Other Important Information

This web site or computer application may contain l inks to other sites. LLS does not endorse or

otherwise accept responsibility for the content or privacy policies of those sites. LLS reserves the

right to modify this privacy policy at any time without notice to you. LLS will promptly reflect any such

modifications i n these Web pages.

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TERMS & USE

Important Legal Information

Larkin Living Spaces, LLC (hereinafter “LLS”) offers this web site to you subject to the following

terms and conditions ("Terms"). Your use of this web site shall be your agreement to abide by each

of the terms set forth below. If you do not agree with any of these terms, please do not use this web

site. If you have any questions about these terms, please contact us.

Intellectual Property Information

this web site (e.g., the design or l ayout of this web site) are protected by trade dress, trademark,

unfair competition and other l aws and may not be reproduced, duplicated, copied, i mitated, sold or

otherwise exploited i n whole or i n part for any purpose that i s not expressly permitted by us. No l ogo,

graphic, sound or i mage from this web site may be copied or retransmitted unless LLS has granted

you express written permission. Please note that any products, processes or technologies described

in these materials may be the subject of other i ntellectual property rights reserved by LLS and are

not l icensed hereunder.

You are hereby authorized to view, copy, print and distribute these materials subject to the following

conditions:

1. The materials may be used (a) for use i n the purchase and sale of products referred to at

this web site by prospective customers for the benefit of LLS as contemplated by or i n

accordance with this web site; or (b) for i nformational, personal, or non-commercial

purposes only.

2. Any copy of these materials or any portion thereof must i nclude LLS’ copyright notice.

Materials from this web site may not be copied or posted on any network computer or

broadcast i n any media.

3. No modifications of any materials may be made outside or beyond these specific purposes.

4. LLS may revoke or modify any of the foregoing rights at any time.

Use of materials from this web site for any other purpose i s expressly prohibited. (U.S. Government

Users - Use, duplication, or disclosure by the United States Government i s subject to the restrictions

set forth i n DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations

that may be applicable.)

Certain trademarks and l ogos on this site are LLS’ trademarks or registered trademarks. Other

product names mentioned herein may i nclude the trademarks of their respective owners.

Product & Services Availability and Pricing

The prices and availability of products and services on this web site may change without notice to

you at any time i n LLS’ sole discretion. Pricing of products and services on this web site are not the

same as the i dentical products sold i n stores.

Please see LLS’ PRIVACY POLICY for general i nformation. LLS DOES NOT want to receive

confidential or proprietary i nformation from you through our web site. Any i nformation or materials

that LLS receive through this web site, other than your personally i dentifiable i nformation, will be

deemed to be NON-CONFIDENTIAL. By transmitting to us i nformation or materials via this web site

or otherwise through electronic means, you grant to LLS an unrestricted, i rrevocable l icense to use,

reproduce, display, modify, perform, transmit and distribute such i nformation or materials, and you

also agree that LLS i s free to use the i nformation or materials, i ncluding any i deas, know-how,

concepts or techniques contained therein free of charge for any purpose whatsoever.

Miscellaneous

LLS controls and operates this web site from i ts headquarters i n the United States of America and

make no representation that the materials are appropriate or will be available for use i n other

locations. Information LLS publishes on the World Wide Web may contain references or cross

references to LLS’ products and/or services that are not announced or available i n your country.

Such references do not i mply that LLS i ntends to announce such products or services i n your

country. Consult your l ocal business contact for i nformation regarding the products and services that

may be available to you. Unless otherwise explicitly stated, all marketing or promotional materials

found on this web site are solely directed to i ndividuals, companies or other entities l ocated i n the

United States. If you use this web site from outside the United States of America, you are entirely

responsible for compliance with applicable l ocal l aws, i ncluding but not l imited to the export and

import regulations.

Any action related to these Terms will be governed by the l aw of the Commonwealth of

Pennsylvania, without regard to the choice or conflicts of l aw provisions of any j urisdiction. You

agree to submit to the exclusive j urisdiction of the courts l ocated i n the County of Allegheny,

Commonwealth of Pennsylvania, for the resolution of all disputes arising from or related to these

Terms and/or your use of the web site.

LLS may revise these Terms at any time without notice by updating this posting. Your continued use

of the web site after such modifications have been made will constitute your acceptance of such

revised Terms. This web site may contain other proprietary notices and conditions of use, the terms

of which must also be observed and followed.

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1. Agreement. These terms and conditions for the sale of services (“Terms”) exclusively

govern the sale of the services (“Services”) by Larkin Living Spaces LLC (hereinafter

“Seller”) to you, the buyer, purchaser, or transferee the Services (“Buyer”). Seller’s

acceptance of any order of Buyer i s conditioned on Buyer’s assent to these Terms. Buyer

must notify Seller i mmediately i f i t objects to or rejects these Terms; prior objection or

rejection i s i neffective. Buyer accepts these terms by authorizing or acquiescing i n Seller’s

commencement of performing the Services. Seller hereby expressly objects to and rejects

any and all additional or different terms proposed by Buyer, i rrespective of when delivered

or where l ocated, and no such different or additional terms shall form part of this contract or

be binding on Seller.

1. Prices and Payments. Buyer must confirm Seller’s current prices before placing any order.

All purchases shall be at Seller’s then-current pricing as l isted on this web site under the

PRICING AND PLANS section, or Seller may refuse such order. Buyer expressly agrees to

pay for additional revisions at twenty-five dollars ($25.00 USD) per revision i f said revisions

exceeds two (2). Buyer shall pay Seller upon purchase of service plan as l isted on the web

site. Seller may at any time require Buyer to prepay or pay cash on performance i n

connection with any order. Seller may, without l iability to Buyer, suspend or withhold

performance i f Seller has reason to believe that Buyer’s credit or ability to pay i s i mpaired

and Buyer fails to provide adequate assurance to Seller’s satisfaction. All payments shall

be made i n U.S. Dollars. Payment shall be delivered as specified by Seller. Seller shall

have the right to set off against any monies due Seller hereunder. Seller shall have all

remedies available to Seller under this contract, by l aw, and/or equity.

1. Taxes. All prices are exclusive of all applicable sales, use, and excise taxes, and any other

taxes, duties, tariffs, and charges of any kind i mposed by any governmental authority on

any amounts payable by Buyer. To the extent l egally permissible, all present and future

taxes i mposed by any federal, state or l ocal authority of any country which Seller may be

required to pay or collect, upon or with reference to the sale, purchase, transportation,

delivery, storage, use or consumption of the Services, i ncluding taxes upon or measured by

the receipts therefrom shall be for the account of Buyer. Buyer shall promptly reimburse

Seller for any taxes paid or withheld on Buyer’s behalf, and Buyer shall hold Seller

harmless for any and all costs, penalties, or i nterest that may be i mposed relative to

Buyer’s taxes by any government authority.

1. Shipment & Delivery. All delivery shall be via electronic means, i .e. third party electronic

mail provider. Buyer acknowledges and agrees that Seller does not possess an encryption

or security drive for delivery of final Services or design deliverables. Therefore, i n the event

of a breach of electronic mail or other electronic system, Seller shall i ncur no l iability

whatsoever regarding such breach.

1. Variation. Buyer expressly acknowledges and understands that Seller uses commercially

reasonable efforts to model real products or design i tems as closely as possible i n each

design rendered; provided, however, the final design deliverable may not contain exact

proportions, colors, styles, and the l ike as the real i tem. In no event shall Seller be required

to meet an exact replication of an existing or custom-made i tem i n i ts final design

deliverable presented to Buyer.

1. Intellectual Property. All right, title, and i nterest i n and to all i ntellectual property rights i n the

Services are and shall remain the exclusive property of Seller. All Services, i ncluding any

final design deliverable, may be used i n Seller’s marketing materials, i ncluding, without

limitation, on Seller’s web site, magazines, third party advertising paraphernalia, social

media and the l ike. No Services are performed as works made for hire. Seller extends to

Buyer only such rights i n and to the Services as are minimally necessary to enjoy the

Services as delivered by Seller. Buyer shall i ndemnify Seller with respect to any claim that

the Services i nfringe the i ntellectual property rights of a third party to the extent any such

claim arises out of or relates to Seller’s compliance with i nstructions or specifications

furnished by Buyer.

1. Limited Warranty; Disclaimers.

1. Seller warrants that the Services will be performed i n a workmanlike manner and

that all final design deliverables will be provided on an AS IS basis. Claims for

non-conforming Services must be made within ten (10) days of receipt of the final

design deliverable or all such claims shall be deemed waived.

1. OTHER THAN THE LIMITED WARRANTIES SET FORTH IN THIS SECTION

7(A), SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH

RESPECT TO THE SERVICES. SELLER HEREBY DISCLAIMS ALL OTHER

WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES

OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO

ORAL STATEMENT OF ANY SELLER PERSONNEL, COURSE OF DEALING,

COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SHALL

OPERATE TO MODIFY THE LIMITED WARRANTIES AND DISCLAIMER SET

FORTH HEREIN. SELLER MAKES NO WARRANTY REGARDING THIRD PARTY

PRODUCTS SUGGESTED FO RUSE, WHICH ARE PROVIDED “AS IS.”

1. Limited Remedies; Limitation of Liability.

1. Limitation of Liability. Seller’s maximum l iability for any direct damages for any

claim i n the aggregate shall be l imited to the monies paid for the i ndividual design

in which the claim arose. The foregoing l imitation shall be Buyer’s sole and

exclusive remedy for any and all claims, arising out of any theory of l aw, i ncluding

tort and negligence.

1. Waiver of Indirect Damages. IN NO EVENT SHALL SELLER BE LIABLE FOR

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE

DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED TO

BUYER, WHETHER ARISING UNDER ANY THEORY OF LAW, INCLUDING

TORT AND NEGLIGENCE, AND WHETHER OR NOT SELLER OR ITS

PERSONNEL KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

1. Waiver of Structural Liability. BUYER EXPRESSLY ACKNOWLEGES AND

AGREES THAT SELLER IS AN INTERIOR DECORATOR AND STYLIST. AS

SUCH, BUYER RECOGNIZES AND AGREES THAT IN NO EVENT SHALL

SELLER BE LIABLE FOR ANY AND ALL DAMAGES ARISING OUT OF THE USE

OF THE FINAL DESIGN DELIVERABLE THAT MAY CHANGE, MODIFY OR

COMPROMISE THE STRUCTURAL INTEGRITY OF BUYER’S PROPERTY,

INCLUDING, WITHOUT LIMITATION, BUYER’S HOME, PLACE OF BUSINESS,

OR BUILDING DESIGNED BY SELLER. BUYER ACKNOWLEDGES THAT

SELLER IS NOT A LICENSED CONTRACTOR, ARCHITECT OR ENGINEER,

AND BUYER SHOULD SEEK AN OPINION OF A LICENSED CONTRACTOR OR

STRUCTURAL ENGINEER PRIOR TO BEGINNING ANY REMODEL,

RENOVATION, OR CONSTRUCTION ON BUYER’S PROPERTY. SELLER

ACCEPTS NO LIABILITY WHATSOEVER IN STRUCTURAL FAILURES OR

DEFECTS OF BUYER.

1. Use of Name. Seller may use Buyer’s or Buyer’s business’ name and/or provided

photographs on any first or third party marketing materials without prior written notice from

Buyer.

1. Choice of Law; Jurisdiction. Any and all claims and l iabilities shall be governed by the l aws

of the Commonwealth of Pennsylvania, without regard to any conflicts of l aw i ssues. Any

and all claims shall be fined i n the County of Allegheny, Commonwealth of Pennsylvania

and governed by such county, state and federal l aw l ocated i n that district.

1. Waiver. Waiver by Seller of any breach of these provisions shall not be construed as a

waiver of any other breach. Waiver by Seller of any section of these provisions shall not be

constructed as a waiver of the entire agreement.

1. Relationship of the Parties. The relationship between the parties i s that of i ndependent

contractors. Nothing contained i n these Terms shall be construed as creating any agency,

partnership, j oint venture, or other form of j oint enterprise, employment or fiduciary

relationship between the parties, and neither party shall have authority to contract for or

bind the other party i n any manner whatsoever.

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