Terms

WEBSITE TERMS OF USE

These terms and conditions shall govern your use of the WEBSITES decoexchange.com, howtomakewreaths.com, muttscrubproducts,com, and damonoates.com.

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity “user” or “you”  and DecoExchange, Inc. and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the WEBSITES decoexchange.com and howtomakewreaths.com as well as any other media form, media channel, mobile websites or mobile application related or connected thereto (collectively, the “Websites”). The Websites provides the following service:  retail store that provides crafting goods and supplies, affiliate programs, podcasts, and tutorials (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Websites from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Websites are appropriate or available in other locations other than where it is operated by Company. The information provided on the Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Websites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Websites or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITES.

INTELLECTUAL PROPERTY RIGHTS

 

The content on the Websites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, websites designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Websites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Websites, you are granted a limited license to access and use the Websites and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non- commercial use. Company reserves all rights not expressly granted to you in and to the Websites and Company Content and Marks.

THIRD PARTY WEBSITESS AND CONTENT

 

The Websites contains (or you may be sent through the Websites or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Websites or any Third Party Content posted on, available through or installed from the Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Websites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Websites or relating to any applications you use or install from the Websites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Permission to use websites

You may view pages from our websites in a web browser; download pages of our websites for caching in a web browser; stream audio and video files from our websites using the media player on our websites; and use our websites services by means of a web browser or mobile app subject to the other provisions of these terms and conditions.

Except as expressly permitted, you may not download any material from our websites or save any such material to your computer.

You may only use our websites for your own personal and business purposes; you must not use our websites for any other purposes.

Except as expressly permitted by these terms and conditions, you may not edit or otherwise modify any material on our websites.  You may not:

  • republish material from our websites (including republication on another websites);
  • sell, rent or sub-license material from our websites;
  • show any material from our websites in public;
  • exploit material from our websites for a commercial purpose; or
  • redistribute material from our websites.

We reserve the right to suspend or restrict access to areas of our websites and/or to functionality upon our websites. We may, for example, suspend access to the websites [during server maintenance or when we update the websites]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the websites.

PROHIBITED ACTIVITIES

You may not access or use the Websites for any other purpose other than that for which Company makes it available. The Websites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

  1. attempting to bypass any measures of the Websites designed to prevent or restrict

            access to the Websites, or any portion of the Websites

  1. attempting to impersonate another user or person or using the username of another user
  2. criminal or tortious activity
  3. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Websites
  4. deleting the copyright or other proprietary rights notice from any Websites content
  5. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
  6. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including,                  without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader          that accesses the Websites, or using or launching any unauthorized script or other                software
  7. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
  8. interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites
  9. making any unauthorized use of the Company Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the                       purpose of sending unsolicited e-mail, or creating user accounts by automated means   or under false pretenses
  10. selling or otherwise transferring your profile
  11. systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
  12. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
  13. using any information obtained from the Websites in order to harass, abuse, or harm another person
  14. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
  15. using the Websites in a manner inconsistent with any and all applicable laws and regulations

 

Registration and accounts

You may register for an account with our websites by completing and submitting the account registration form on our websites, and clicking on the verification link in the e-mail that the websites will send to you.  You may not allow any other person to use your account to access the websites.  You should notify us in writing immediately if you become aware of any unauthorized use of your account. You may not use any other person's account to access the websites, unless you have that person's express permission to do so.

User login details

If you register for an account with our websites, you will be asked to choose a user ID and password.  You should keep your password confidential.  You are responsible for any activity on our websites arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use the Websites or are otherwise a user or member of the Websites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Websites and Company Services, Company reserves the right at any time in its sole discretion, to block certain IP addresses from accessing the Websites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Websites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains e-mail information of such modifications by means of an e-mail to their most recently provided e-mail address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Websites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

Limited warranties

We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our websites;

(b)      that the material on the websites is up to date;

(c)      that the websites will operate without fault; or

(d)     that the websites or any service on the websites will remain available.

 

We reserve the right to discontinue or alter any or all of our websites services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites services, or if we stop publishing the websites.

To the maximum extent permitted by applicable law and subject to this Agreement, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect to of any losses you suffer in connection with the websites or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to our websites;

(c)        permanently prohibit you from accessing our websites;

(d)       block computers using your IP address from accessing our websites;

(e)        contact any or all of your internet service providers and request that they block your access to our websites;

(f)        commence legal action against you, whether for breach of contract or otherwise; and/or

(g)        suspend or delete your account on our websites.

Where we suspend or prohibit or block your access to our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking [(including without limitation [creating and/or using a different account])].

Variation

We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our websites from the date of publication of the revised terms and conditions on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the websites, and you must stop using the websites.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.  You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject these terms and conditions, together with our privacy and return policy, this shall constitute the entire agreement between you and us in relation to your use of our websites and shall supersede all previous agreements between you and us in relation to your use of our websites.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the State of Louisiana.

Our details

These websites are owned and operated by DecoExchange, Inc.  Our principal place of business is at 509 E Virtue Street Chalmette LA 70043. You can contact us:

(a)              via mail to the postal address given above;

(b)              using our website contact form;

(c)              by telephone at 337-378-0002; or

(d)             by e-mail at Info@DamonOates.com.