TERMS AND CONDITIONS
The following terms and conditions govern your use of the site and services (the "AGREEMENT"). ACCESSING OR USING THE SITE OR SERVICES MEANS YOU AGREE TO THE TERMS OF THIS AGREEMENT. You must be 18 years old to access or take advantage of the Site or Services. If you do not agree to this Agreement's terms, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
This Agreement aims to resolve disputes through arbitration individually rather than through jury trials or class actions. It also limits the remedies available to you if a dispute arises.
TheHauss is a platform that connects customers who wish to purchase interior design services and interior design consultation services ("Designer Consultation") through the submission of photos and data about their design projects ("Customers") and designers who wish to provide such services ("Designers"), providing a Design Concept Proposal ("Design Proposal") and online and on-interior design service that offers 3D room renderings, shopping lists with links, color palettes, mood boards, tips and implementation guides, a floor plan, and a checklist ("E-Interior Design Package"). A "User" is anyone who uses the Site or Service, whether they are Designers or Customers. As a Customer, you are subject to the provisions of this Agreement concerning Customers. This Agreement applies to you if you are a Designer to the extent it pertains to Designers. If you are a User, the provisions in this Agreement regarding Users apply to you. Designers whose Design Proposal is selected by the Customer in an E-Interior Design Package are called "winning Designers.". The applicable Customer is referred to as the "buying customer.". "Sold E-Interior Design Package" means the applicable winning Design Proposal and contents of the E-Interior Design Package and online décor services. The applicable sale is referred to as a sale. The term "IPR" encompasses all trade secrets, copyrights, trademarks, mask work rights, patents, and other intellectual property rights recognized by legislation in any country.
1.2. E-Interior Design Package
By making a Design Brief ("Design Brief") and paying the Customer Payment, this Customer may create an E-Interior Design Package ("E-Interior Design Package"). E-Interior Design Package is currently offered in two forms: pre-paid projects and private projects. Designers invited by TheHauss (in TheHauss' sole discretion) to enter an E-Interior Design Package may submit Design Proposals ("Design Proposals") in the format specified by TheHauss by following the instructions on the Site. Quality Standards and Design Brief of TheHauss must be followed. Customers must choose one winning Design Proposal for Private Projects within a certain deadline or request more than one Design Proposal by TheHauss. During a Private Project, if no proposal is selected, TheHauss will retain the Customer Payment, TheHauss will retain 50% of the Customer Payment and distribute the remaining 50% to the Designer, and the Customer will not be entitled to a refund or the right to utilize the Design Proposals. TheHauss requires the Customer to select one winning Design Proposal or request more Design Proposals within the specified timeframe for project pre-payment.
TheHauss does not offer refunds in Pre-Paid Projects where no proposal is selected. Customers have sixty (60) days to complete the Winning Design unless the Designer or TheHauss instructs otherwise prior to the project beginning. The following activities may not be taken part in a successful E-Decor Project by the Customer: (a) allowing or requesting the designers to submit proposals or design services other than through the site; (b) colluding in the awarding of a designer account to the Customer. Customers and Designers must deal on an arm's length basis. This means that a customer who meets a designer on this Site separately for any purpose is not permitted to contact the Designer individually, which results in the Customer avoiding paying TheHauss for future projects with the same Designer. Designers may not sell furniture or services to Customers other than through the Site. A refund may be paid back to a Buying Customer in the same manner as a Customer Payment or in another manner as determined by TheHauss at its discretion from time to time. TheHauss must reimburse the Selling Designer for the applicable Designer Fee when refunding Buying Customers or resolving credit card chargebacks. Initially, the Buying Customer will receive the Customer Payment, less the Designer Fee; however, the refund will only be processed after the Selling Designer reimburses TheHauss. TheHauss may refund Buying Customer if the Customer's order (or request made) is found fraudulent; the Customer placed a duplicate order (or request) in error. All furniture and decor refunds are handled according to the refund policy of the individual vendor from which each item was purchased and cannot be adjusted by TheHauss. Because colors and textures may appear differently on each Customer's and Designer's monitor, TheHauss cannot guarantee color accuracy. Customers are responsible for verifying item sizes before ordering shopping list items, as sizes may appear different in renderings. Designer (Consultation) recommendations must be verified by TheHauss. However, customers are also responsible for checking and verifying all (Consultation).
1.3. Warranties and Representations.
It is the Designer's representation and warranty that performing their obligations under this Agreement, including the execution and delivery of this Agreement, all media provided to TheHauss for promotional use, and the performance of the Designer's obligations under this Agreement, are not in conflict with, or in violation of, any other agreement, order, license, or decree to which the Designer is a party or to which he is obligated. As a result of the Designer's breach of any of the foregoing warranties or if the Designer is found to have infringed or misappropriated any third party intellectual property, The and the Buying Customer are held harmless, including costs and attorneys' fees.
A designer who maintains a website that sells interior design services or products must feature a TheHauss badge and link to TheHauss.com as determined by TheHauss (including blogs about TheHauss design projects). A watermark of TheHauss's logo and name must appear on all publicly shared images of our clients' designs. TheHauss must be referenced in all public media content (for example, press releases and blog posts) to the extent that the Designer has sufficient control over the media.
1.4. The purchase, return, and implementation of projects
What we enjoy most about TheHauss is taking your vision from concept to reality. All items should be inspected upon receipt, and if there are any issues, don't hesitate to contact our ordering team at email@example.com promptly.
You can reduce returns by following these tips:
You should request paint and color samples before you make a purchase. Because colors and finishes may differ on the screen and in the pictures, you may want to double-check them. If needed, vendors can provide more photos of an item.
It is essential to tape paint samples to walls that can be viewed at different times of the day and in other lights prior to painting.
You should measure the entryways, hallways, and doorways to ensure the items will fit in the room of your choice.
It is always recommended to have the windows professionally measured. We have vendors who offer this service free of charge. Feel free to inquire about this with the Project Management team.
Here are some tips to ensure a smooth return process:
Immediately notify our team if you have issues with your items after receiving them.
Should damage be discovered in the delivery process, refuse the shipment.
We will be able to resolve any issues as soon as possible if you include at least three pictures and a short description.
You may need the original packaging to process your return.
Furniture purchased from third-party vendors is covered by the return policy and warranty of the vendor. Return deadlines, shipping fees, and pickup costs are a few of the terms and fees that apply. We will advocate on your behalf with each vendor to make the process as seamless as possible.
Please be aware that we attempt to display the best price for furniture and decor items, but prices can change as vendors adjust their fees (including shipping, white glove delivery, and assembly charge).
There will be no cancellations, returns, or exchanges on custom orders and final sales.
It is not the responsibility of The Hauss or its representatives to correct mismeasurements or color variations of furniture for E-Interior Design projects. Additionally, there is no responsibility on the part of The Hauss for suggested items fitting through doorways, hallways, or staircases for an E-Design Project order. Customers are advised to verify all measurements and colors in their space prior to making a purchase.
In case the Project is outside NC, USA, TheHauss strongly recommends consulting with a licensed professional before beginning any construction activities. There will be no liability on the part of TheHauss for any consequential or punitive damages resulting from the use of this website.
TheHauss will not be responsible for any consequential or punitive damages for E-Design Packages concerning furniture and decor deliveries. No action for breach of these Terms and Conditions may be brought more than one year after completion of services by TheHauss.
You can find TheHauss's Interior Design Service Packages on the TheHauss website under the 'Services' tab if your Project is in NC, USA. When the client purchases a TheHauss on-site service package, TheHauss takes on the required responsibility related to the Project based on the scope of services included in the contract.
TheHauss processes refund back to your original payment method once it receives them from the vendor. Timelines may vary depending on the vendor, and our team will continue working on this until your refund is processed.
2. Payment Terms.
2.1. Payment and Delivery.
Following a Sale, the Buying Customer will provide the Customer Payment to TheHauss, and (b) TheHauss will upload the Sold E-Design Package and deliver the Sold E-Design Package to the Buying Customer, as specified by TheHauss. Unless otherwise stated, "Customer Payment" means (i) the price selected by the Customer when the Customer created an E-Design Project; and (ii) the customized prize amount that includes the incentive amount entered by the Buying Customer. The Buying Customer will not pay the Designer an amount over the Customer Payment for the Sold Design Package, nor shall the Customer pay the Designer separately outside of the Site in connection with the supply of an E-Interior Design Package or online design service.
2.3. General Payment Terms.
We will only accept payments in US dollars. Each user is responsible for paying taxes, payroll taxes, payroll withholding, sales tax, and governmental reporting. In addition to those governing the purchase and sale of services provided by designers, independent contractors are also covered.
You agree that you are responsible for collecting and/or paying all taxes due in any jurisdiction arising from the sale or purchase of Sold E-Design Packages via the Site or the provision of design services that are subject to an invoice issued through the Site. TheHauss is not responsible for collecting, reporting, processing, or remitting any such taxes to you. "Taxes" means any applicable duties, sales taxes, GST, VAT, or other taxes which may be levied in respect of a transaction contemplated by this Agreement. Any amount not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
3. IMPORTANT DISCLAIMERS AND RELEASE.
Design projects, proposals, e-design packages, and other products and services provided by designers, customers, or others are provided "as is." Suppliers of e-design packages select products to sell, and customers purchase such products at their own risk.
TheHAUSS is not responsible for any loss or damage incurred as a result of any transactions with other users. Therefore, before engaging in any transaction with another user, you should perform any investigation you deem necessary or appropriate. In addition to the above disclaimer, Sections 12 and 13 contain more general disclaimers.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any interactions or transactions with, or act or omission of, other Users, including Customers and Designers and Third Party Sites & Ads.
Your use of the service requires that you register for a TheHauss account (your "Account") and provide certain information about yourself as prompted by the Site registration form. By completing the registration process, you represent and warrant that: (a) all information submitted is truthful and accurate, and (b) you will maintain the accuracy of that information. Please contact customer support at the number below if you want to delete your Account at any time. Maintaining the confidentiality of your Account login information and being fully responsible for any activity under your Account is your responsibility. TheHauss agrees to immediately investigate any unauthorized or suspected unauthorized use of your Account. If you fail to comply with the above requirements, TheHauss will not be liable for any damages. There can be only one Account per Designer.
5. User-generated content.
5.1. User content.
Content provided by Users refers to information and content they provide to or use in conjunction with the Site or Services. A User's Content includes all information and content they submit to the Site or use with the Services. Professionals such as Architects, Designers, or other professionals can set up their profiles and submit Portfolio Items to be displayed in their accounts ("Questionnaires, E-Design Projects, Design Proposals, E-Design Packages, and Designer Portfolio Items provided by Designers for display in their accounts ("Portfolio Items"), as well as reviews or testimonials ("Reviews"). User Content is solely your responsibility. If anyone relies on your User Content for accuracy, completeness, or usefulness, or if any information in your User Content identifies you or anyone else personally, you assume all associated risks. Your User Content shall not violate the Acceptable Use Policy (defined below) as a condition of use. TheHauss does not sponsor, endorse, provide or sponsor any of your User Content. Because you alone are responsible for your User Content (and not TheHauss), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. E-Design Projects, Questionnaires, Designer Portfolio Items, Design Proposals, E-Design Packages, and Reviews from the Site are not subject to removal unless required by law. Neither TheHauss nor its employees are obligated to keep a copy of any User Content, and any User Content may be deleted at any time. Creating backup copies of your User Content is your sole responsibility.
6. Acceptable Use Policy.
"Acceptable Use Policy" of TheHauss is as follows:
Your commitment as a Customer or Professional is to use personal information provided to you only in connection with the Services, such as interacting with them. Any other use of their personal information, including for marketing, is strictly prohibited. Regarding the storage, use, and transfer of personal information, you represent and warrant compliance with all applicable privacy and data protection laws.
6.2. User Content.
In using the Site or providing any products or services, you agree not to use any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is harassing, unlawful, abusive, tortious, harmful, threatening, invasive of another's privacy, defamatory, false, vulgar, intentionally misleading, trade libelous, obscene, pornographic, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way, or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.
6.3. Use Restrictions.
By using the Site or Services, you agree not to: (a) send computer viruses, worms, or other software that damages or alters a computer system or data; (b) send duplicative or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, etc.; (c) collect, gather or assemble information or data about other users, including their e-mail addresses, without their consent; (d) disrupt, interfere with, or obstruct the proper operation of services or networks connected to the Site or Services; (e) attempting to gain unauthorized access to the Site or Services, or any other computer system or network connected to or used in conjunction with them; (f) harass or interfere with other users' use and enjoyment of the Site or Services; (g) create multiple accounts, make automated searches, requests, or queries on the Site or Services, or scrape, mine, or extract data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
6.4. Other Guidelines/Policies.
Please see the following:
Designer Code of Conduct (as e-mailed to each approved Designer)
The Company reserves the right (but does not have the obligation) to review any User Content, investigate, and/or take appropriate actions against you at its sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities).
6.6. SMS Terms of Service
You agree to receive text messages from TheHauss SMS Program to your mobile phone/device by opting in to the program. Signing up for TheHauss SMS Program allows you to receive text messages sent to your mobile phone/device.
If you place an order with TheHauss, we may send you text messages about your PProprojecting a purchase,, or using the TheHauss Services does not require you to agree to receive text messages from TheHauss.
We may generate text messages using automated technology, and you agree that this may happen. Your interaction with the Services will determine how frequently TheHauss sends you text messages.
Depending on your carrier, standard messaging and data rates may apply to each text message received. You are responsible for paying your mobile provider for any charges incurred. Please contact TheHauss at firstname.lastname@example.org if you have questions about text messages.
If you no longer wish to receive texts from TheHauss, you may opt out anytime. In addition, you may opt-out of receiving future SMS messages by replying STOP or Unsubscribing. Following your opt-out request, you will receive one last text message from TheHauss informing you that you won't receive text messages from us going forward and how to opt back in if you decide to do so. STOP only opts out of text messages and does not affect other types of communications such as e-mail.
TheHauss reserves the right to change or discontinue its SMS Program without notice or liability.
SMS Program offered by TheHauss is provided on an "as is" basis. Therefore, any delays in text message delivery will not be the responsibility of TheHauss.
You understand and agree that when you enroll in the TheHauss SMS Program, the Site Terms of Service are incorporated into, and become part of, these SMS Program Terms of Service. WE STRONGLY RECOMMEND YOU READ AND UNDERSTAND THESE TERMS OF SERVICE CAREFULLY, AS THEHAUSS'S LIABILITY IS LIMITED IN ADDITION TO OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
7. Confidentiality and non-compete
The term "Confidential Information" will mean any and all confidential and/or proprietary knowledge, data,, or information of the Company, its affiliates, parents, and subsidiaries. Examples of personal information include, but are not limited to: (a) inventions (collectively, "Inventions"), processes, formulas, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques (collectively, "Patents"); (b) information regarding research, development, marketing and selling, new products, budgets and unpublished financial statements, business plans, licenses, prices and costs, pricing and billing policies, quoting procedures, methods of obtaining business, forecasts, future plans and potential strategies, financial projections and business strategies, operational plans, financing and capital-raising plans, activities and agreements, internal services and operational manuals, methods of conducting Company business, suppliers and supplier information, and purchasing; (c) Names and addresses of Customers and potential Customers, their needs and desires with respect to the types of products and services offered by the Company, proposals, bids, contracts, their contents and parties, the types of products and services provided or sought to be provided to Customers and potential Customers, and other non-public information pertaining to Customers and potential Customers.; (d) The names and contact information of any of the Company's business partners, including proposals, bids, contracts, and their contents, the type and quantity of products and services received by the Company, and other non-public information relating to business partners; (e) information about contractors, consultants, personnel, employee lists, compensation, and employee skill sets; and (f) any information that might adversely affect the Company's competitive position. Regardless of the previous, it is understood that, at all such times, the Consultant is free to use information that is generally known in the trade or industry and which was not obtained in violation of this Agreement, as well as the Consultant's expertise, knowledge, know-how,, and experience to whatever extent and to whatever degree and in whatever way Consultant choose.
The Designer will hold the Company's information in strict confidence and will not disclose, directly or indirectly, to third parties, persons, firms, corporations, or other entities, regardless of whether they are competitors of the Company. The Designer shall not disclose any trade secrets, proprietary information,, or other Confidential Information of the Company obtained by the Designer through the services to be performed under this Agreement if the Designer is engaged in a business similar to that of the Company.
The Designer acknowledges and agrees that all proprietary information referred to in this section will constitute trade secrets of the Company and its subsidiaries. The Designer shall take such steps and take such actions as mandated by this Agreement and the Uniform Trade Secret Act. In addition, the Designer acknowledges that sure of the Company's products may include copyrighted material. The Designer will make every effort to prevent the use of such copyrighted material by anyone who has not previously consented to it.
TheHauss hereby grants you a non-exclusive, non-transferable license to access and use the Site and Services solely for internal business purposes (excluding Design Proposals).
8.2. Copyrights and intellectual property rights
Additionally, you agree that our Designers may use their design concepts across multiple platforms, including but not limited to Design Proposals and E-Design Packages. We do not own the Intellectual Property Rights to the E-Design Packages and Design Proposals that our designers produce for our customers, but; instead, they are purchasing their services.
8.3. Rules and restrictions.
The rights granted to you under this Agreement are subject to the following restrictions: (a) The Site or Services may not be licensed, sold, rented, leased, transferred, assigned, distributed, or otherwise commercially exploited; (b) you may not modify, disassemble, reverse-compile, or manipulate the Site or Services; c) a similar or competing service may not be built or promoted with the Site or Services; d) you may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site or Services except as expressly stated herein. In the event of any future release, update, or improvement to the Site or Services, this Agreement will apply. A copy of any Site or Services content must include all copyright and other proprietary notices. TheHauss reserves the right to modify, suspend, or discontinue the Site or Services at any time. TheHauss will not be liable to you or any third parties if it modifies, suspends, or discontinues the Site or Services. TheHauss is not required to provide you with any support or maintenance concerning the Site or Services.
Feedback relating to the Site or Services ("Feedback") provided by you shall be assigned to TheHauss, and TheHauss shall be free to use such Feedback in any way it deems appropriate. All Feedback you submit to TheHauss will be treated as non-confidential and non-proprietary. TheHauss agrees that you will not submit any information or ideas you deem confidential or proprietary tray.
It is the responsibility of each user to own their User Content. As a user, you acknowledge that the Site and Services are entirely owned by TheHauss or TheHauss' licensors, excluding any User Content. The provision of the Site and Services does not transfer to you or any third party any rights, title,, or interest in or to such IPR. TheHauss and its suppliers reserve all rights not granted in this Agreement.
9. Compensation for damages.
By using the Site and Services, you agree that you will indemnify and hold TheHauss (and its officers, employees, and agents) harmless from any claim or demand made by any third party arising out of: (i) your use of the Site and Services, (ii) your User Content (such as E-Design Projects, Design Proposals, Design Questionnaires, and E-Design Packages), (iii) your interactions with other Users, or (iv) your violation of this Agreement or otherwise by you. You acknowledge that TheHauss reserves the right to take over the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate in our defense. Unless otherwise agreed in writing by TheHauss, no matter will be settled without its prior consent. In the event that TheHauss learns of any such action, claim, or proceeding, it will notify you as soon as possible.
10. Third-party websites and advertisements.
On the Site, you might find third-party websites and advertisements (collectively, "Third-party websites and advertisements"). These third-party websites and advertisements are not under TheHauss' control, and TheHauss is not liable for the content of any third-party websites and advertisements. In addition to providing these Third-party websites and advertisements, TheHauss does not review, approve, monitor, endorse, warrant, or make any representations about third-party websites and advertisements. Websites and advertisements provided by third parties are used at the user's own risk. The terms and policies of the third-party website or advertisement you link to will apply, including the third-party's privacy and data collection policies. Prior to making any transaction with any third-party website or advertisement, you should conduct whatever investigation you consider necessary or appropriate.
11. Term and Termination.
The terms of this Agreement will apply to your use of this Site and Services in accordance with this section. You agree that we may suspend your rights to use the Site and/or Services (including your Account) or terminate this Agreement at our sole discretion at any time, including for any use of the Site or Services in violation of this Agreement. The termination of this Agreement will result in the immediate termination of your Account and your right to access and use the Site and Services. Upon termination of your Account, all User Content associated with your Account may be deleted from our live databases; however, we may still use your User Content. TheHauss is not liable to you in connection with any termination of this Agreement, including terminating your Account or deleting your User Content. The provisions of this Agreement will remain in effect even after this Agreement is removed.
We (and our suppliers) make no warranties or guarantees, express or implied, including but not limited to any warranties or guarantees that (A) Will be available on an uninterrupted, timely, secure, or error-free basis; (B)
Will be reliable, accurate, free from viruses or other harmful code, complete, legal, or free from harm.
In some jurisdictions, implied warranties are not allowed to be excluded, so the above exclusion may not apply.
13. Liability limitations.
We (and our suppliers) are not liable to you or any third party for any loss of profit, intangible loss, incidental, special, or punitive damages arising out of or in connection with this Agreement or the use of, or inability to use, the Site or Services, even if we were aware of the possibility of such losses. NEITHER DO WE GUARANTEE NOR WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REFER TO ANY DISCLAIMER, EXCLUSION,, OR INTELLECTUAL PROPERTY,, INCLUDING OR EXCLUSION OF DATA OR INFORMATION... WE (AND OUR SUPPLIERS) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING NEGLIGENCE AND REGARDLESS OF THE FORM OF THE ACTION) WITHOUT OUTSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN.), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) Sixty-eight US ($68) OR (B) AMOUNTS YOU HAVE PAID TheHauss IN THE PRIOR 12 MONTHS (IF ANY). IRRESPECTIVE OF THE EXISTENCE OF MORE THAN ONE CLAIM, THIS LIMIT IS REMAINING STILL VALID.
CERTAIN JURISDICTIONS DO NOT ALLOW LIABILITY LIMITATIONS OR EXCLUSIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
14.1. Revisions to the Terms of Service.
We may revise this Agreement occasionally, and if we make any substantial changes, we may notify you by sending you an e-mail (if applicable) to the most recent e-mail address you provided to us and/or posting notice of any changes prominently on our Site. If we send you an e-mail notifying you of any changes to this Agreement, or if we post notice of the changes on the Site, any changes will be in effect thirty (30) calendar days after the earlier of the two. Any new user of our Site or Services will immediately be impacted by these changes. It is your responsibility to provide us with your most current e-mail address. The notice described above will still be adequate if we send the e-mail containing that notice to the last e-mail address you provided us, whether or not it can deliver to you. You acknowledge and agree to be bound by the terms and conditions of the changes when you use our Site or Services after being notified of such changes.
14.2. Governing Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of North Carolina.
a. Resolution of disputes.
i. This Agreement requires TheHauss and you to resolve any disputes arising from or related to it through binding arbitration, except for any claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret. It is intended that this Agreement to arbitrate is interpreted broadly. These include, but are not limited to, all claims and disputes arising from your use of the TheHauss Site or Service.
ii. This Agreement does not permit a class-action lawsuit or filing a lawsuit as a group. Class actions or class members will not be permitted for either you or TheHauss. Unless otherwise agreed, the arbitration will take place individually; class actions are not permitted.
iii. This section modifies the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"). Unless otherwise mutually agreed by the parties, the AAA, you,, and TheHauss must follow the following rules for any claim involving an award of less than $10,000: (a) the arbitration shall be conducted entirely by written submissions; and (b) the arbitration shall not involve either party or witness having to appear in person. If the claim exceeds $10,000, a hearing will be held according to AAA rules, and if a hearing is held, it will be held in Raleigh, North Carolina. Arbitrators' rulings are binding and are enforceable in any court of competent jurisdiction. Should this Agreement to arbitrate be found unenforceable by a court, any disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts of Raleigh, North Carolina. Patent, copyright, trademark, and trade secret infringement,, and misappropriation claims shall be obtained exclusively in Raleigh, North Carolina, state and federal courts. This Agreement will be governed and construed only and exclusively in accordance with the laws of Raleigh, North Carolina, excluding any law that would result in applying the laws of another jurisdiction.
14.3. The complete Agreement.
The terms of this Agreement represent the entire understanding between you and us regarding the Site and Services. If we do not exercise or enforce any right or provision of this Agreement, such failure shall not operate as a waiver of that right or provision. The section titles of this Agreement are purely for convenience and have no legal or contractual significance. To include means to include without limitation. Any provision of this Agreement held to be invalid or unenforceable for any reason will not affect the other conditions. The invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. As an independent contractor, you are not an agent or partner of TheHauss. Without TheHauss' prior written consent, you may not assign, subcontract, delegate, or otherwise transfer this Agreement, and any such attempted assignment, subcontract, delegation, or transfer will be null and void. The terms of this Agreement bind all assignees.
14.4. Information on copyrights and trademarks.
TheHauss, Copyright * 2022. All rights reserved. Trademarks, logos, and service marks ("Marks") displayed on the Site are ours or belong to third parties. Therefore, the marks may not be used without our prior written consent or the consent of a third party that may own the marks.
14.5. Contact Information.
14.6. Latest update
25th June 2022