Terms of Service

Last Updated: January 15, 2023

Welcome to LownDecor. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the LownDecor website, you agree to comply with and be bound by these Terms.

1. Acceptance of Terms

By accessing or using the LownDecor website (the "Site"), you agree to these Terms of Service. If you do not agree to these Terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site following any changes indicates your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years old to use this Site. By using the Site and agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are under 18, please do not attempt to use our Site or provide any personal information.

3. Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Products and Orders

4.1 Product Information

We strive to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we cannot guarantee that your computer monitor's display of any color will be accurate, and we do not guarantee that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

4.2 Personalized Products

Many of our products can be personalized with your custom text, images, or designs. By submitting content for personalization, you grant LownDecor a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, and create derivative works from the content you provide solely for the purpose of fulfilling your order.

You represent and warrant that you own or control all rights to the content you provide and that the content does not infringe upon the intellectual property rights or other rights of any third party. LownDecor reserves the right to reject any content that we believe violates these Terms or that may expose us to potential liability.

4.3 Order Acceptance and Pricing

All orders placed through the Site are subject to LownDecor's acceptance. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

All prices displayed on the Site are subject to change without notice. We make every effort to provide accurate pricing information, but errors may occur. In the event of a pricing error, we have the right to refuse or cancel any orders. If we charged your credit card or other payment account and later determine that there was a pricing error, we will issue a credit to your payment account in the amount of the overcharge.

5. Payment Terms

We accept various payment methods as indicated on the Site. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping charges).

6. Shipping and Delivery

LownDecor ships to the locations specified on the Site. Delivery times vary depending on the shipping method selected, the destination, and other factors. While we strive to meet all delivery estimates, we do not guarantee delivery times, and delays can occasionally occur. LownDecor is not liable for any delays in shipments.

For more information about shipping policies, please refer to our Shipping Policy.

7. Returns and Refunds

Our return and refund policies are outlined in our Return & Refund Policy. Please review this policy before making a purchase.

8. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of LownDecor and its licensors. The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LownDecor.

9. User Content

By posting, uploading, submitting, or otherwise making available any content on our Site (including for product personalization), you grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such content in any form for any purpose.

You represent and warrant that: (i) you own the content or have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

10. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate LownDecor, a LownDecor employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm LownDecor or users of the Site

11. Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOWNDECOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

IN NO EVENT WILL LOWNDECOR, ITS AFFILIATES, 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 OF THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless LownDecor, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Broward County.

15. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes.

17. Contact Information

Questions about the Terms should be sent to us at legal@lowndecor.com.

By using the LownDecor website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.