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Terms of Agreement

BUILD YOUR CLOSET, LLC. WEB SITE TERMS OF AGREEMENT AND LEGAL NOTICES

ATTENTION: PLEASE READ THESE TERMS BEFORE USING THIS WEBSITE. BY USING THIS SITE, YOU ACCEPT THESE TERMS. PLEASE READ THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN IF YOU ARE UNDER 18 YEARS OF AGE.

IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF AGREEMENT"), DO NOT USE THIS WEBSITE.

These terms and conditions govern your use of this site. By using this site, you agree to these terms and conditions.

Revisions. Build Your Closet reserves the right to revise these Terms of Agreement without any notice. You should visit this page periodically to review these Terms of Agreement since you are liable to them by using this website. These Terms of Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Site Use. Build Your Closet LLC authorizes you to view and download the materials from this site and from its advertisers affiliated with this site but only for your personal, not commercial use. Any commercial use of this information is strictly prohibited. The following information may not be copied, uploaded, republished, or distributed in any way without the consent of Build Your Closet. This information includes but is not limited to: information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the website. These may be used for your personal use with the condition that you maintain all copyright and other proprietary notices contained in the original materials or any copies of the materials.

Copyrights. Unless otherwise noted, this Site in its entirety is protected as the copyrights, trademarks and/or other intellectual properties owned by Build Your Closet and/or its subsidiaries and affiliates or by other parties that have licensed their material to Build Your Closet. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Agreement.

Conduct. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law. You agree that, while using this site, you shall not: 1. upload or transmit any objectionable or unlawful, as determined by Build Your Closet in its sole discretion; 2. misrepresent your identity; 3. harass, or threaten any person; 4. hinder or interfere with any user using this site; 5. transmit any information through this site that is misleading, fraudulent or counterfeit, or that infringes on any intellectual property right of Build Your Closet or any other person.6. transmit any virus, trojan horse, worm or other harmful computer programming routine; 7. engage in sending advertisements or spamming; 8. attempting unauthorized access to other computer systems through this site;

Forums. Build Your Closet may monitor or review any user communications posted on this site or its Build Your Closet social media accounts. Build Your Closet will not be liable to the content of these communications but retains the right to remove these posted communications that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Third Party Web Site Links. This site may provide links to other third party websites or resources. These links are for your convenience and do not demonstrate any endorsement, approval, or affiliation to these sites, products, services, or content by Build Your Closet. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that Build Your Closet is not responsible for the availability of these sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You must take precautions to ensure that whatever you choose to access on these sites are free from viruses, worms, Trojan horses and other destructive items. Accessing these items is done completely at your own risk. Build Your Closest is not liable for any damage or loss caused or alleged to be caused by your use of these third party links, materials, content, products, or their services.

ANY MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN RISK AND DISCRETION. YOU ARE RESPONSPIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE THAT MAY RESULT FROM DOWNLOADING OR OBTANING SUCH MATERIAL. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BUILD YOU CLOSET WILL NOT BE HELD LIABLE FOR THE TIMELINESS OF PRODUCING RENDERING UPON SUBMISSION REQUEST, OR FOR THE TIMELINESS OF PRODUCT BEING MANUFACTURED, OR FOR THE TIMELINESS OF PRODUCT BEING SHIPPED, OR THE TIMELINESS OF PRODUCT BEING DELIVERED, OR THE TIMELINESS OF PRODUCT BEING INSTALLED. IF UNABLE TO MEET DELIVERY SCHEDULES, BUILD YOUR CLOSET WILL ALLOCATE MATERIAL AMONG ITS CUSTOMERS AND FOR ITS OWN USE IN SUCH A MANNER AND ON SUCH BASIS AS BUILD YOUR CLOSET IN IT SOLE DISCRETION SHALL IN GOOD FAITH DETERMINE.

UPON ORDERNG THE PRODUCT, YOU HAVE AGREED TO THE FINALIZED PRODUCT AND ORDER DEMONSTRATED IN THE RENDERING AND “BILL OF MATERIALS” PROVIDED BY BUILD YOUR CLOSET TO YOU. INCLUDING QUOTED PRICE, PRODUCT SELECTIONS, PRODUCT OPTIONS, PRODUCT ACCESSORIES, PRODUCT FEATURES, PRODUCT SPECIAL FEATURES, PRODUCT DIMENSIONS, PRODUCT FINISH, PRODUCT COMPONENTS, RENDERING DESIGN, SPECIAL PRODUCT REQUESTS, ALL MANUFACTURED PRODUCT DESIGN CHARACTERISTICS AND ALL ASSEMBLY COMPONENTS, AND ALL OTHER BUILD YOUR CLOSET DEEMED NECESSARY ITEMS FOR FINAL PRODUCT.

BUILD YOUR CLOSET IS NOT HELD LIABLE IF YOU OR THE INDIVIDUAL OF YOUR CHOOSING MEASURES YOUR CLOSET, PANTRY, GARAGE, PLAY ROOM, OR ANY OTHER PRODUCT SPACE AND MEASURES IT INACCURATELY. BUILD YOUR CLOSET WILL DESIGN, MANUFACTURE, AND PRODUCE THE REQUESTED PRODUCT WITH THE DIMENSIONS GIVEN BY YOU AND IS NOT LIABLE IF THE PRODUCT DOES NOT FIT THE MEASURED SPACE.

BUILD YOUR CLOSET IS NOT HELD LIABLE FOR ANY DAMAGE INCURRED AFTER THE PRODUCT DELIVERY OR BEFORE THE INSTALLATION PROCESS BEGINS. BUILD YOUR CLOSET IS NOT HELD LIABLE FOR YOUR PERSONAL PROPERTY DAMAGE, PERSONAL PROPERTY LOSS OR THEFT, PERSONAL INJURY TO ONESELF, OR DAMAGE TO BUILD YOUR CLOSET PRODUCT DURING THE INSTALLATION PERIOD. DUE TO INSTALLATION BEING OUTSOURCED, THE INSTALLATION COMPANY WILL BE HELD LIABLE IN ACCORDANCE WITH THEIR OWN POLICY, FOR YOUR PERSONAL PROPERTY DAMAGE, PERSONAL PROPERTY LOSS OR THEFT, PERSONAL INJURY TO ONESELF, OR DAMAGE TO BUILD YOUR CLOSET PRODUCT DURING THE INSTALLATION PERIOD.

BUILD YOUR CLOSET IS NOT HELD LIABLE FOR ANY OF YOUR PERSONAL INJURY THAT MAY OCCUR WHILE USING BUILD YOUR CLOSET PRODUCT.

Claiming Copyright Infringement Procedure. Build Your Closet expects its users to respect the intellectual property rights of Build Your Closet. Build Your Closet will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA)DMCA Website. Any notifications of claimed copyright infringement must be sent to Build Your Closet at the following address: Build Your Closet PO Box 1079 Anderson, SC 29622-1079

When notifying Build Your Closet of the claimed copyright infringement, please provide complete information, including the copyrighted work claimed to be infringed, the claimed infringing material, the owners’ contact information of the copyright material, and a statement that the information is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the misused copyright.

Termination. Build Your Closet may terminate or restrict your use or access to this Site for any reason, to the complete discretion of Build Your Closet. If Build Your Closet believes you have violated these Terms of Agreement, Build Your Closet can terminate your use or access to this Site. Upon termination, you will immediately destroy any copies of the Content of this Site, whether in print or in software format.

Privacy. Build Your Closet understands the importance of protecting your Privacy, and to provide additional privacy protection to children. Build Your Closet advises parents to supervise their children's online activities. For the use of this Site, Build Your Closet may require personal information and contact information such as your name, street address, email address, telephone numbers, credit card numbers, and the like (referred to as "Contact Information"). We will only use your personal information in the operation of this site, and only in accordance with our Privacy Policy. We may, for example, use your Personal Information and Contact Information to inform you updates, special promotions, and to communicate with your credit card issuer regarding your account. For these purposes, Build Your Closet will need to use your Personal Information and Contact Information which you agree to when providing your information and agreeing to these terms. Please see Privacy Policy for more information.

While using this site, you may also be submitting suggestions and making requests regarding our products, custom products, possible new products, our business, and other ideas by use of “Design Request Form” and “Testimonials”. To avoid any disputes, and because we are forming custom products, our products, and new products, you should not send us any requests, ideas, or developments that you consider proprietary. In consideration for this site, you hereby grant to us the authority to distribute, reproduce, modify, display, transmit, adapt, publish, create derivative works from, and otherwise use your suggestions or requests for any purpose.

 

General Laws. Build Your Closet controls this site from its offices within the United States. Build Your Closet does not warrant that the content in this Site is acceptable for use outside the United States. Those who choose to access this site from locations other than the United States do so at their own risk and are responsible to comply with the local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Site Availability. Build Your Closet may also decide to terminate this site, and/or your right to use this site, in our discretion at any time, without prior notice. Build Your Closet is not responsible for any technical malfunctions within this site. You are obligated to complete all sales transactions that are created by your use of this site prior to termination.

System Reliability. Build Your Closet strives to maintain a dependable website for your utilization and purchasing. However, in some instances, outages and interruptions may occur. Build Your Closet cannot promise uninterrupted or secure access to this site or its services. You agree not to hold us liable for any costs, damages or liabilities that you incur as a result.

Orders and Payment. Once the a design request is submitted, you will be prompted to set up a Build Your Closet account including all of your contact information and debit or credit card information. You will then be charged a $50.00 engineering fee. This fee will be used as a credit towards the current product final quoted cost. Your Build Your Closet account will also provide you with a communication tool for communicating with admin or the engineer. When the design request has been received, the engineer will begin designing the product. He will then provide you with a rendering of your desired product and a quoted price for the product via Build Your Closet account communication tool. This quoted price includes shipping and, in limited circumstances, applicable sales taxes, and installation costs. You can now review the rendering and are free to request changes and adjustments to the product. The engineer will make the requested changes if possible. If the requested changes are not possible, the engineer will inform you via Build Your Closet account communication tool. These changes may also result in a different quoted product price. When you are satisfied with the product rendering and the quoted price, you will “approve” the rendering by submitting your order. By approving the rendering and submitting the order, you have agreed to the finalized product and will not be able to make any changes past this point. If you are not satisfied and decides to cancel your order altogether, you may do this but the $50.00 engineering charge will not be refunded or used as a credit to any future product purchase. When the order is submitted, you will then receive an email confirming the order through your Build Your Closet account communication tool. Your debit card or credit card will not be charged until 24 hours after purchase (please see Cancellation Policy). This 24 hour window provides you with the opportunity to cancel the order if needed. Once the 24 hours have passed, there is no opportunity to cancel or refund the product order since the manufacturing begins after the 24 hour the period.

Build Your Closet reserves the right to decline your order for any reason.

Sales and Tax. Build Your Closet will calculate, collect, report and remit sales taxes as required by law. Build Your Closet does not have any responsibility to calculate, collect, report or remit sales, use or similar taxes except as required by law.

Availability of Materials. Build Your Closet strives to maintain the availability of materials offered on its design request form by updating and maintaining its inventory on a regular basis. However, Build Your Closet does not guarantee to always have these materials available in its inventory which may result in longer turn-around time. Build Your Closet does allow special requests for materials, finishes, accessories and other requests that are not listed on the design request form and will make an effort to fulfill these special requests, but do not guarantee to always satisfy these special order requests.

Shipping. Build Your Closet ships its products via Fed Ex Freight or UPS. Build Your Closet will provide you with shipment tracking information, via your Build Your Closet account communication tool, the day the product has been shipped.

Installation. When the product has shipped, you will be contacted by a professional installer to schedule the installation of the product. The installer will completely install the product. Removal of previous organizer material and gathering all shipment boxes are also possible options completed by request. Removal of the previous organizer material will require a fee, but this fee would be included in the final product quote previously given to you by Build Your Closet. The installers also offer to measure your room space where the product will be installed before the design request form is completed, for an extra fee required at that time of service. Build Your Closet is not held liable if the installer measures the product space inaccurately. Build Your Closet will design, manufacture, and produce the product with the dimensions given. These professional installers are part of outsourced installation companies. Build Your Closet is not liable for any damage incurred after the product delivery or before the installation process begins. Build Your Closet is not held liable for any of your personal property damage, personal property loss or theft, personal injury to oneself, or damage to Build Your Closet product during the installation period. Due to installation being outsourced, the installation company will be held liable, in accordance with their own policy, for your personal property damage, personal property loss or theft, personal injury to oneself, or damage to Build Your Closet product during the installation period.

Consent for Photography Release. Build Your Closet does request permission before photographing your installed product and uploading it to the Build Your Closet blog, social media pages, printed advertising or online advertising. Please see Privacy and Consent for Photography Release form.

Warranty. Build Your Closet does offer a Limited Lifetime warranty. Please see Warranty for full warranty policy.

Cancellation. Build Your Closet allows a 24 hour cancellation period after your order has been submitted. After this 24 hour period, your credit card or debit card will be charged and cancellation will not be allowed since the manufacturing process has begun.

Exchange And Return Policy. Build Your Closet will not allow refunds or exchanges due to the custom nature of its products. However, if an issue arises during installation, such as a missing part or a broken piece, the installer will immediately contact Build Your Closet to resolve the issue to Build Your Closet’s discretion. When the closet is completely installed and functioning successfully for you and the installer, there will not be any possibility for refunds or exchanges.

Choice of Law. These Terms of Agreement shall be governed by and in accordance with the laws of the State of South Carolina, without regard to conflicts of law’s provisions.

Additional Terms. Build Your Closet may use “Additional Terms” to govern some products or services on this Site. These “Additional Terms” must be agreed to. The “Additional Terms” always supersede the Terms of Agreement.

Waiver. Build Your Closet’s failure to implement any part of these Terms of Agreement shall not establish a waiver of any of Build Your Closet’s rights under these Terms of Agreement.

Agreement of Terms. You agree to have read, to comply with, and to be bound by these Terms and follow all applicable laws and regulations to include but not limited to the following: online conduct, acceptable content, compliance with U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You agree that any cause of action related to this Site must commence within one (1) year after the cause of action arose. All “additional terms” such as warranties, disclaimers, limitations and other like terms will supersede the Terms of Agreement. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of South Carolina. In addition, you hereby accept and submit to the personal jurisdiction of these South Carolina courts with respect to any legal actions, suits or proceedings arising out of these Terms of Agreement. You also forfeit the right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights in relation to these Terms of Agreement.

You represent you have the legal authority to accept these Terms of Agreement on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.