Last modified: Decembr 7, 2021
These terms of service (these “Terms”) govern your access to and use of the Verve Design Packages (the “Sites”) of Verve Design LLC, at www.vervedesingllc.com and www.vervedesignllc.mydomastudio.com, including any content, functionality, packages and services offered on or through these Sites, or remotely through any Verve Design LLC applications (collectively, the “ Services”), so please read them carefully before using the Services.
Verve Design LLC provides interior design packages and services that allow its customers to see inspirational designs and decors within the context of their own homes. Verve Design LLC helps homeowners, remodelers and renters in creating designs via online. As more fully described in the “package information,” Verve Design LLC offers the following Services through these purchasable design packages:
Any policies, rules and fees posted by Verve Design LLC on the Site with respect to its Services are hereby incorporated into these Terms.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
Verve Design LLC charges a one-time purchase fee for access to each of our design package. By providing you credit card information you agree to purchase the specified design package. You are responsible for any and all purchases you choose to make with regard to the recommended furnishings, materials, merchandise and services, thru links to outside vendors, as provided in our packages; along with any applicable sales tax, shipping costs, and fees. You are also responsible for any costs, charges, and fees incurred by any independent contractors you choose to employ for the purpose of implementation and/or installation of our design concepts as specified in our packages. All quoted prices on the Site for furnishings, materials, merchandise and services are based on vendor prices as of 12/01/21, and are subject to change. Verve Design LLC is not responsible for any increases in the prices of these recommended furnishings, materials, merchandise and services over time. Please not that our designs are based upon approximate measurements, for specified room sizes and features, and the customer understands that the execution of these designs may require additional purchases of the recommended furnishings, materials, merchandise and services to accommodate the specific size, shape and measurement of the room in which they intend to apply our designs. Verve Design LLC is not responsible for these or any additional costs incurred, either by you or your contractors, in the implementation of our designs. This may include applicable sales tax, shipping costs and fees. All quoted package fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you.
Verve Design LLC is not responsible or liable for any damages resulting from improper installation of lighting, flooring, wall covering, window treatments, or the hanging of artwork, by either the customer or a third-party, e.g., their hired contractor, plumber, or electrician. We strongly advise that the customer hire a properly licensed and adequately insured professional for all such installations.
We may revise and update our package fees and Terms from time to time at our sole discretion. All changes are effective immediately when we post them. These do not apply to customers who have already purchased access and use of one of the Package Services.
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned or licensed by Verve Design LLC and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your own personal, non-commercial purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as follows:
You must not:
If you wish to make any use of material on the Services other than as set out in this section, please address your request to email@example.com. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Verve Design LLC. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Verve Design name is trademarked. You must not use this name and logo without the prior written permission of Verve Design LLC. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Verve Design LLC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. Verve Design LLC disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
You have the right to terminate your Verve Design LLC Packages account at any time by contacting us at firstname.lastname@example.org. Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that Verve Design LLC is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. Verve Design LLC has no obligation to maintain or provide User Content of a registrant after account termination and may delete all content provided unless legally prohibited from doing so. Verve Design LLC may terminate your account with immediate effect for any violation whatsoever of these Terms.
If you believe that your work, including any room or home furnishings photos or design models, has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email email@example.com. Verve Design LLC will terminate the accounts of repeat offenders.
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Verve Design LLC is a U.S. company and the Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER VERVE DESIGN LLC NOR ANYONE ASSOCIATED WITH VERVE DESIGN LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES AND FURNISHINGS, MATERIALS, MERCHANDISE, AND SERVICES IT RECOMMENDS. WITHOUT LIMITING THE FOREGOING, NEITHER VERVE DESIGN LLC NOR ANYONE ASSOCIATED WITH VERVE DESIGN LLC REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. VERVE DESIGN LLC AND ALL PARTIES ASSOCIATED WITH VERVE DESIGN LLC HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL VERVE DESIGN LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR RECOMMENDED PURCHASABLE PRODUCTS (I.E., FURNISHINGS, MATERIALS, AND MERCHANDISE), ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL VERVE DESIGN LLC’S LIABILITY TO YOU EXCEED ANY FEES PAID BY YOU IN THE LAST TWELVE MONTHS.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Verve Design LLC, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Connecticut law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of Connecticut, and both parties consent to venue and personal jurisdiction there.
No waiver of these Terms by VERVE DESIGN LLC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of VERVE DESIGN LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
VERVE DESIGN LLC will reimburse the cost of your design package purchase fee to your original form of payment in the event you are not satisfied with your experience. This does not include reimbursement for any of the furnishing, products, or materials we recommend in the design package that you may have purchased from vendors. In order to be eligible for this reimbursement, you must have first engaged in the redesign process with VERVE DESIGN LLC agents, providing ample feedback to allow the VERVE DESIGN LLC team to provide you a satisfactory experience. The money-back guarantee reimbursement will only apply for your first VERVE DESIGN LLC design package within the first thirty days of purchase. Limit one per user.
You may not assign any of your rights in these Terms, and any such attempt is void, but VERVE DESIGN LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. VERVE DESIGN LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors.
All feedback, comments, and other communications relating to the Services should be directed to: firstname.lastname@example.org.