General Terms and Conditions
This “Agreement” refers to you as “you” or “your” and to Kerry Spears Interiors, LLC, its parents, subsidiaries, and other affiliates as “our,” “we,” or “us.”
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU MAY NOT ACCESS OR USE THIS WEBSITE IF YOU DO NOT AGREE TO THIS AGREEMENT, IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, OR IF YOU ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THIS WEBSITE OR ITS CONTENT.
Your access to, and use of, this website (“Website”), your submission of information and materials to Us, any information published on this Website, any transactions with us, and the services provided on or through this Website are subject to this Agreement.
You give us and our business partners and affiliates permission to contact you by email or other means of communication using any information you have provided to us and to record communications for our internal business purposes, such as for training and quality assurance purposes.
If you opt out of receiving marketing communications, we will make a reasonable effort to accommodate your request as quickly as possible. But you waive and release us from any liability for sending any communications of any kind through any means thereafter.
WEBSITE CONTENT AND USE
You agree not to use, reproduce, modify, adapt, perform, display and publish the Content, in any form, and not to take any other action related thereto, without our prior express written consent, which may be withheld at its sole discretion and without cause.
You may not use the Website to gather information for use in sending target sales solicitations, unsolicited commercial email, or other forms of direct sales communication to site users.
We reserve and retain all rights, title, and interest in Website and its Content, including, without limitation, all intellectual property rights, anywhere, in any media or form, now or hereafter existing for the maximum duration permitted under applicable law. These rights may include and are not limited to works of authorship, copyrights, moral rights, trademarks, service marks, trade names, trade secrets, and proprietary confidential information.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY GOODS OR SERVICES THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION AND DISPUTE RESOLUTION
All cases and controversies arising out of or related to this Agreement will be finally resolved exclusively by arbitration administered by the American Arbitration Association in accordance with the United States Arbitration Act and conducted at Gainesville, Florida in accordance with the AAA Consumer Arbitration Rules, including, where applicable, its rules on expedited procedures. Judgment upon the award rendered may be entered in any court having jurisdiction, or application may be made to that court for a judicial recognition of the award or an order of enforcement thereof, as applicable. The parties may bring an action to enforce any award granted under this section. You agree not to bring, or participate in, any class action claim or to combine your claim with other claimants as part of a group action.
Without limiting the mandatory arbitration obligations stated above you irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against us in any way arising from or relating to this Agreement and all contemplated transactions hereunder, including contract, equity, tort, fraud, and statutory claims, in any forum other than the United States District Court, Middle District of Florida, Jacksonville Division, or, if such court does not have subject matter jurisdiction, the courts of the State of Florida sitting in Alachua County, Florida and any appellate court from any thereof. You irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the Middle District of Florida, Jacksonville Division, or, if such court does not have subject matter jurisdiction, the courts of the State of Florida sitting in Alachua County. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.
Without limiting the mandatory arbitration obligations stated above, YOU WAIVE ALL RIGHTS TO A JURY TRIAL.
This Agreement constitutes the sole and entire agreement between you and us with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No amendment to or modification of or rescission, termination or discharge of this Agreement is effective unless it is in writing, identified as an amendment to or rescission, termination or discharge of this Agreement and signed by our authorized representative.
No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement and signed by our authorized representative. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. No failure or delay by us in exercising any right, remedy, power, or privilege or in enforcing any condition under this Agreement; or any act, omission, or course of dealing between you and us, is a waiver or estoppel of any right, remedy, power, privilege or condition.
All of our rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise of one such right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, or otherwise.
You may not assign your rights or delegate your duties under this Agreement.
This Agreement is binding on you and us and inures to the benefit of your and our respective successors and assigns. It is not intended to benefit or confer any rights, benefits, or remedies to any others whatsoever.
This Agreement, and all matters arising out of or relating to it, are governed by, and construed in accordance with, the Laws of the State of Florida of the United States of America, without regard to any conflict of laws statutes, laws, doctrines, principles, or rules that require or permit the application of the laws of any other jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We are not responsible for any delay or failure to perform our obligations under this Agreement that is caused in whole or in part by an event beyond our control.
All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice", and with the correlative meaning, "Notify") must be in writing and addressed to us at our address set forth below (or to such other address that we may designate from time to time in accordance with this Section. Our current notice address is:
Mail: 2049 S. Ridgewood Ave.
South Daytona, FL 32119
For purposes of this Agreement, the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; the word "or" is not exclusive; the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and words denoting any gender include all genders.
Unless the context otherwise requires, references in this Agreement to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, this Agreement; to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.
This Agreement was drafted in the American-English language, which is controlling, and it will be interpreted according thereto.
The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.