Last Updated: 09/25/2020
Welcome, and thank you for your interest in Boutique Rugs!
Boutique Rugs, LLC (“Boutique Rugs”) provides this website (“Site”) subject to your compliance with these Terms of Service (“Terms”).
PLEASE READ THESE TERMS OF SERVICE BELOW CAREFULLY BEFORE USING THE SITE. These Terms of Service govern your use of the Site and provide information about Boutique Rugs, outlined below. These Terms of Service constitute a legally binding contract between Boutique Rugs and you. When you access the Site or create an account, you agree to these Terms. We recommend that you print out a copy of these Terms of Service for your records.
We will notify you of any changes to these Terms of Service by updating the “Last Updated” date at the top of the page.
USE AND RESTRICTIONS
The Site may be accessed and used only by individuals who can form a legally binding contract under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws.
Boutique Rugs grants you a personal, limited, non-exclusive, non transferable license to access and make personal use of the Site and the content and other information contained on the Site. This Site is provided solely as a convenience to you for non-commercial use. You may access the Site only in accordance with all applicable laws and regulations and with these Terms of Service. The licenses granted by Boutique Rugs to you automatically terminate if you do not comply with these Terms. You acknowledge and agree that Boutique Rugs and affiliates, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. You further agree that, by submitting User Content and otherwise using the Site, you will not: (a) resell for commercial purposes products purchased through the use of the Site; (b) resell or make commercial use of the Site or content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content contained on the Site; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Site; (f) other than for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via the Site; (h) use, frame, or utilize framing techniques to enclose any Boutique Rugs trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without Boutique Rugs’ express written consent; or (i) use any meta tags or other “hidden text” utilizing a Boutique Rugs’ name, trademark, or product name without Boutique Rugs’ express written consent.
All content and any compilations thereof included on this site, including, but not limited to, text, graphics, logos, icons, images, audio clips and software, is the property of boutiquerugs.com, or its content suppliers, and is protected by patent, copyright, trademark and other intellectual property laws. All software used on this site is the property of Boutique Rugs or its software suppliers and is protected by patent, copyright, trademark and other intellectual property laws.
The content and software on this site may be used as a shopping resource only and may not be used except in accordance with these Terms or with Boutique Rugs’ express written consent. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site in any way to any other computer, server, Web site, smart phone, tablet or other medium is strictly prohibited.
Boutique Rugs responds to notices of alleged copyright infringement pursuant to the requirements of the Digital Millennium Copyright Act (“DCMA”). If you believe that any content on this Site infringes your copyrights, you may request removal of such content by providing written notice to Boutique Rugs’ Designated DMCA Agent at:
Viraj P. Deshmukh, 40 Technology Parkway, Suite 300, Peachtree Corners, GA 30092.
This address and email address should only be used to report allegations of copyright infringement.
Your notice must satisfy the requirements of the DMCA and the include the following information:
Your name, mailing address, and email address;
A statement identifying the copyrighted material you claim is infringed;
A statement identifying where the allegedly infringing material is located;
A statement that you have a good faith belief that the allegedly infringing material identified in section (2), above, is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements set out in this section, your notice may not be valid.
All trademarks, service marks, and logos, whether registered or unregistered (collectively the “Trademarks”), used and displayed on the Site are proprietary to Boutique Rugs in both the United States and abroad. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written consent of Boutique Rugs. You may not use, display, reproduce or otherwise modify in any way the Trademarks without the prior, written consent of Boutique Rugs.
ACCOUNTS AND REGISTRATION
To access some features of the Site, you must register for an account (“Account”). When you register for an Account, you may be required to provide Boutique Rugs with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to Boutique Rugs is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities, including, without limitation, all purchases of products and services through the use of the Site, that occur under your Account or your account password. If you believe that your Account is no longer secure, then you must immediately notify us by contacting customer service at email@example.com.
Boutique Rugs has the rights to disable any account or password at any time, for any reason.
TERMS OF SALE
All product sales from the Site are governed by any terms of sale that may be posted on the Site. Please refer to our FAQ section of the Site to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice and at any time, in Boutique Rugs’ sole discretion. Please review the terms of sale each time you make a purchase. Additional information may be found under the Support section of the Site.
REFUNDS AND EXCHANGES
Products purchased from Boutique Rugs are subject to the following Return Policy.
The Site permits the submission of content, such as comments, blogs, and product reviews, generated by you and other users (“User Content”).
You acknowledge that you are solely responsible for your own User Content, and that you, and not Boutique Rugs, have full responsibility for each submission of User Content you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. By submitting User Content, you represent that the posting and use of your User Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, or any applicable law, rule or regulation. Boutique Rugs takes no responsibility for User Content.
You acknowledge that any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary. By posting or publishing User Content to the Site, you grant Boutique Rugs a non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Boutique Rugs reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site; and (c) refuse, delete, modify, edit or remove any User Content, with or without cause and with or without notice, for any reason or no reason, or for any action that Boutique Rugs determines is inappropriate or disruptive to the Site or to any other user of the Site. Boutique Rugs may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
To the extent this Site contains hyperlinks to outside services and resources, the availability and content of which Boutique Rugs does not control, own, or operate, any concerns regarding such service or resource, or any hyperlink hereto, should be directed to the particular outside service or source. Boutique Rugs is not responsible for any content, materials, or other information located on or accessible from any other site or hyperlink. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party website or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions of the privacy policies imposed by such third parties.
You agree to, jointly and severally, indemnify, defend, and hold harmless Boutique Rugs, its affiliates and their respective directors, officers, employees and agents against any and all losses, liabilities, claims, expenses (including reasonable attorney’s fees and costs), which Boutique Rugs suffers or incurs that are caused by or are a result of or related to: (i) your unauthorized use of, or misuse of, the Site; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any misrepresentation made by you.
WARRANTIES AND DISCLAIMER
EXCEPT AS PROVIDED FOR IN THESE TERMS, THE SITE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, BOUTIQUE RUGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE INFORMATION, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
Nothing in these Terms of Service shall affect your legal rights under applicable consumer laws.
Each rug sold on this Site comes with a one-year Manufacturer’s Warranty (the “Warranty”). This Warranty applies only to rugs purchased with a suitable area rug pad from this Site. This Warranty only covers manufacturing defects in workmanship or materials for a one-year period from the date of the original purchase. The manufacturer will repair or replace, at its discretion, the rug, without charge. Normal wear and tear is not warranted. Additionally, other conditions that may affect the rug’s appearance that are not covered under this Warranty include, but are not limited to the following:
-Differences in color and texture from samples or from one rug to another
-Seam peaking from rolling that will disappear with reverse rolling
-Roll marks from shipping that will disappear with routine vacuuming
-Matting and crushing at pivot points and in traffic paths
-Highlighting and shading from light reflections
-Exposure to sunlight, humidity, heat, chemicals or atmospheric gas
-Damage caused by pets
-Improper cleaning, especially through use of a wet process
-Normal sprouting, pulls or loss of single tufts of fiber
-Placing a non-water-resistant rug in a damp or wet area
To register a claim under this Warranty, please email firstname.lastname@example.org.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOUTIQUE RUGS OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS AND SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOSS OF DATA OR ANY OTHER TANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BOUTIQUE RUGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, BOUTIQUE RUGS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO BOUTIQUE RUGS UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
ANY ACTION BROUGHT BY THE CUSTOMER AGAINST BOUTIQUE RUGS MUST BE BROUGHT WITHIN ONE YEAR OF THE CLAIM ACCRUING, EVEN IF IT IS NOT KNOWN AT THE TIME OF ACCRUAL. FAILURE TO BRING THE ACTION WITHIN ONE YEAR WILL CONSIDERED A PERMANENT AND IRREVOCABLE WAIVER OF THE CLAIM. THE CUSTOMER MUST GIVE BOUTIQUE RUGS THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO FILING THE ACTION WITH SUCH NOTICE PROVIDING BOUTIQUE RUGS THIRTY (30) DAYS TO CURE SUCH CLAIM. FAILURE TO PROVIDE NOTICE WILL ALSO CONSTITUTE A PERMANENT AND IRREVOCABLE WAIVER OF THE CLAIM.
Any claim, dispute or controversy between you and Boutique Rugs, LLC, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, Boutique Rugs) arising from or relating to this Site and/or these Terms and their interpretation or the breach, termination or validity thereof, shall be decided by binding arbitration in accordance with the rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Atlanta, Georgia, USA. Claims may only be brought in your individual capacity and not as a purported representative of any class. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining terms shall continue to be fully valid, binding, and enforceable. These Terms of Service and related transactions will be subject to and governed by the laws of the State of Georgia.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Georgia without giving effect to principles of conflict of law of any jurisdiction. If, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with these Terms or the Site shall be the subject of any court action at law, such action shall be filed exclusively in the courts of the State of Georgia, County of Forsyth, or of the United States District Court, Northern District of Georgia, Gainesville Division.
WAIVER AND SEVERABILITY
The waiver by either party of any term or condition set forth in these Terms shall not be construed as a further or continuing waiver of any such term or condition or a waiver of any other term or condition, nor shall any delay or omission on the part of either party to exercise or avail itself of any power or privilege that it has or may have hereunder operate as a waiver of any such right or provision.
If any provision of these Terms, or the application of such provision to any person or circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms, or the application of such provision to persons or circumstances other than those to which it is held to be invalid or unenforceable, shall not be affected thereby.
TERM AND TERMINATION
These Terms are effective beginning when you accept the Terms or first access or use the Site and terminate as described below.
If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, you agree that Boutique Rugs may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason, with or without notice.
The provisions of the Copyright, Trademark, User-Generated Content, Use and Restrictions, Warranties and Disclaimers, Indemnification, Limitation of Liability, Governing Law and Jurisdiction, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Service.
Any headings or titles herein are for reference purposes only and are not intended to affect in any way the meaning or interpretation of these Terms.
If you are having difficulty viewing the content on this Site or navigating the Site, or have questions, comments, complaints about these Terms or the Site, please contact our Customer Service Department by calling toll free 1-855-585-4040 between 9:00 A.M. and 5:00 P.M. EST, Monday through Saturday. We are also available for live online chat during those hours, or you may send an email at any time to email@example.com.