Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and share information about you when you use the Website. By using the Website, you consent to our collection, use, and sharing of information as described in our Privacy Policy.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date at the top of this page. You are advised to review this Privacy Policy periodically for any changes.
As a Washington resident, you may have specific privacy rights under Washington law, including the Washington Consumer Protection Act (RCW 19.86) and the Washington Data Breach Notification Law (RCW 19.255.010). We are committed to complying with these laws and protecting your privacy rights.
We collect the following types of information when you use the Website:
• Contact Information: Name, email address, phone number, mailing address, and other information you provide when creating an account or contacting us.
• Account Information: Username, password, account preferences, and other information related to your account.
•Behavioral Data: Information about how you use the Website, including:
– Cookies: Small data files stored on your device that help us improve the Website and your experience.
– Log Data: Information that your browser automatically sends whenever you visit the Website, such as your IP address, browser type, referring/exit pages, and dates/times of access.
– Usage Data: Information about your interactions with the Website, such as the pages you visit, the links you click, and the features you use.
– Device Information: Information about the device you use to access the Website, such as device type, operating system, and browser type.
We use the information we collect for the following purposes:
• To provide, maintain, and improve the Website;
• To process and complete transactions;
• To send you technical notices, updates, security alerts, and support and administrative messages;
• To respond to your comments, questions, and requests;
• To communicate with you about products, services, offers, promotions, and events, and provide other news or information about us and our partners;
• To monitor and analyze trends, usage, and activities in connection with the Website;
• To detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of the Company and others;
• To personalize and improve the Website and provide content or features that match user profiles or interests;
• For any other purpose with your consent.
We process your personal information based on the following legal grounds:
• Your consent;
• The performance of a contract with you;
• Compliance with a legal obligation;
• Protection of your vital interests or those of another person;
• The legitimate interests pursued by us or by a third party; and
• The performance of a task carried out in the public interest.
We use cookies and similar tracking technologies to track activity on our Website and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.
With your consent, we may use your personal information to send you marketing communications about our products, services, promotions, and events that may be of interest to you. These communications may be delivered via email, text message, phone call, or postal mail.
We may share your personal information with selected third parties for their marketing purposes, but only with your explicit consent. These third parties may include:
• Business partners who offer complementary products or services;
• Advertising networks that require the data to select and serve relevant advertisements to you; and
• Analytics and search engine providers that assist us in the improvement and optimization of our Website.
All marketing emails sent by us will include:
• Clear identification of the sender;
• A valid physical postal address;
• A clear and conspicuous disclosure that the message is an advertisement or solicitation;
• A clear and conspicuous opt-out mechanism; and
• Prompt processing of opt-out requests.
We will obtain your explicit consent before sending you marketing communications or sharing your information with third parties for marketing purposes. You can withdraw your consent at any time by following the opt-out instructions contained in each marketing communication or by contacting us directly.
We provide a comprehensive opt-out portal that allows you to manage your communication preferences and control how your personal information is used. Through this portal, you can:
• Opt out of receiving marketing communications;
• Opt out of having your personal information shared with third parties for marketing purposes;
• Opt out of certain types of data collection and processing;
• Access, correct, or delete your personal information; and
• Exercise any other privacy rights available to you under applicable law.
To access the opt-out portal, please visit [www.inspiredesigns.us/contact-copy] or contact us at. We will respond to your request within a reasonable timeframe, typically within 30 days.
Our preference center allows you to customize your experience with us by selecting the types of communications you wish to receive and how you want to receive them. You can update your preferences at any time by visiting [www. inspiredesigns.us/contact-copy] or by clicking the “Communication Preferences” link in any of our communications.
Some browsers have a “Do Not Track” feature that signals to websites that you visit that you do not want your online activity tracked. Due to the lack of a common understanding of how to interpret Do Not Track signals, our Website does not currently respond to Do Not Track signals. However, you can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
We will retain your personal information for a period of two (2) years after your last activity on the Website, or for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, unless a longer retention period is required or permitted by law.
The criteria used to determine our retention periods include:
• The length of time we have an ongoing relationship with you and provide services to you;
• Whether there is a legal obligation to which we are subject;
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations); and
• The nature and sensitivity of the personal information.
After the retention period expires, we will delete or anonymize your personal information, unless:
• We are required to retain it to comply with applicable laws or regulations;
• We need to retain it for legitimate business purposes, such as fraud prevention or business analytics; or
• You have requested that we retain specific information.
If you close your account, we will delete or anonymize your personal information within 30 days, except for information that we are required to retain for legal or legitimate business purposes. Please note that some information may remain in our backup systems for a period of time after your account is closed.
We implement appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing, accidental loss, destruction, or damage. These measures include:
• Encryption of sensitive personal information both in transit and at rest;
• Regular security assessments and penetration testing;
• Access controls and authentication mechanisms;
• Firewalls and intrusion detection systems;
• Regular security updates and patches;
• Employee training on data security and privacy; and
• Physical security measures for our facilities.
In the event of a data breach that compromises your personal information, we will notify you and the relevant authorities as required by applicable law, including the Washington Data Breach Notification Law (RCW 19.255.010). This notification will include:
• A description of the nature of the breach;
• The categories and approximate number of individuals affected;
• The categories and approximate number of personal information records concerned;
• The likely consequences of the breach;
• The measures taken or proposed to address the breach; and
• Contact information for inquiries.
We require all third-party service providers who process personal information on our behalf to implement appropriate security measures and to agree to confidentiality obligations. However, we cannot guarantee the security of information transmitted to or from the Website, as no method of transmission over the Internet or electronic storage is 100% secure.
You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You should use a strong, unique password for your account and not share your password with anyone. You should also log out of your account at the end of each session and notify us immediately of any unauthorized use of your account or any other breach of security.
We may transfer, store, and process your personal information in countries other than your own. These countries may have data protection laws that are different from the laws of your country. By using the Website, you consent to the transfer of your personal information to countries outside your country of residence.
When we transfer personal information outside of your jurisdiction, we use appropriate safeguards to ensure that your personal information receives an adequate level of protection, including:
• Standard contractual clauses approved by relevant data protection authorities;
• Binding corporate rules for transfers within our corporate group;
• Derogations for specific situations, such as your explicit consent or the necessity for the performance of a contract; and
• Adequacy decisions, where applicable, recognizing that certain countries provide adequate protection for personal information.
We are committed to complying with applicable data protection laws in all jurisdictions where we operate, including:
• The General Data Protection Regulation (GDPR) for data subjects in the European Economic Area;
• The California Consumer Privacy Act (CCPA) for California residents;
• The Personal Information Protection and Electronic Documents Act (PIPEDA) for Canadian residents; and
• Other applicable international, federal, state, and local laws governing data protection and privacy.
Depending on your jurisdiction, you may have specific rights regarding your personal information. We will honor these rights in accordance with applicable law, regardless of where your data is processed or stored.
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, SERVICES, OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY CONTENT OBTAINED FROM THE WEBSITE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE WEBSITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING; OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE WEBSITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify, and hold harmless the Company, 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;
• Your User-Generated Content;
• Your use of the Website, including, but not limited to, your use of any information obtained from the Website;
• Your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights; or
• Any claim that your User-Generated Content caused damage to a third party.
If the Company is subject to a claim that is subject to your indemnification obligation, the Company may, at its option, require you to defend the Company at your expense (with counsel reasonably acceptable to the Company) or the Company may conduct its own defense, in which case you agree to reimburse the Company for all costs and expenses associated with such defense.
You may not settle any claim without the Company’s prior written consent if such settlement would require the Company to take any action, refrain from taking any action, or admit any liability.
This indemnification obligation will survive the termination of these Terms and your use of the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We will notify you of any material changes to these Terms by:
• Posting a notice on the Website;
• Sending an email to the email address associated with your account; or
• Any other method we deem appropriate.
By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website.
We will maintain an archive of prior versions of these Terms, which you may request by contacting us at [email protected].
You may terminate your account and your right to use the Website at any time by contacting us at [email protected] or by using the account termination feature on the Website, if available.
We may terminate or suspend your account and your right to use the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
Upon termination of your account:
• Your access to the Website will be terminated;
• Any User-Generated Content you have posted may remain on the Website, subject to our Privacy Policy and applicable law;
• We may delete or archive your account information and User-Generated Content; and
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We will not provide refunds or credits for any unused portion of any subscription or service, unless required by applicable law.
Except as provided in Section 13.2 below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website (collectively, “Disputes”) shall be resolved solely by binding arbitration, rather than in court.
The mandatory arbitration provision in Section 13.1 does not apply to:
• Disputes that qualify for small claims court;
• Actions seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents; and
• Any other dispute or claim that, under applicable law, cannot be subject to mandatory arbitration.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, and will be administered by the AAA. The arbitration will be conducted in the City of Bellingham, Whatcom County, Washington, unless you and the Company agree otherwise. The AAA rules will govern payment of all arbitration fees.
The arbitrator shall have exclusive authority to resolve all Disputes, including, but not limited to, any claim that all or any part of these Terms are void or unenforceable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of this mandatory arbitration provision within 30 days of accepting these Terms by sending a written notice to the Company at the following address:
Inspired Design IDS LLC 8826 Goldeneye LN
Blaine, WA 98230
Email: [email protected]
Your written notice must include your name, address, and a clear statement that you do not wish to resolve disputes with the Company through arbitration. If you opt out of mandatory arbitration, the Company will not be bound by the mandatory arbitration provision.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this Section 13 is found to be unenforceable, that provision shall be severed, and the remainder of Section 13 shall remain in full force and effect. The foregoing shall not apply to the class action waiver provision in Section 13.6; if that provision is found to be unenforceable, the entirety of this Section 13 shall be null and void and the parties shall litigate any dispute in court.
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Subject to Section 13 (Dispute Resolution), any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in Whatcom County, and you and the Company irrevocably submit to the personal jurisdiction of such courts in any such action or proceeding.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of these Terms shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from these Terms. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, but may be assigned by the Company without restriction.
These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and the Company regarding the Website.
The communications between you and the Company use electronic means, whether you use the Website or send us emails, or whether the Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
The Company shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond the Company’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, acts of God, terrorism, pandemic, epidemic, or government restrictions.
If you have any questions about these Terms, please contact us at: Inspired Design IDS LLC
8826 Goldeneye LN
Blaine, WA 98230
Email: [email protected]
For general inquiries about the Website or these Terms, please contact us at: Inspired Design IDS LLC
8826 Goldeneye LN
Blaine, WA 98230
Email: [email protected]
For inquiries related to privacy, data protection, or to exercise your privacy rights, please contact us at:
Inspired Design IDS LLC 8826 Goldeneye LN
Blaine, WA 98230
Email: [email protected]
For technical support or assistance with the Website, please contact us at: Email: [email protected]
All legal notices to the Company should be sent to: Inspired Design IDS LLC
8826 Goldeneye LN
Blaine, WA 98230
Attention: Legal Department Email: [email protected]
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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