This website, establishhome.co (the “Site”) is operated by Elizabeth Kimberly Design, LLC, doing business as Establish Design and Establish Home. As used in these Terms and Conditions (the “Terms”) and on the Site, the terms “we”, “us”, “our”, and “Establish” refer to Elizabeth Kimberly Design, LLC. Establish offers this Site, including all information, tools, products, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting the Site and/or purchasing something from us, you engage in our service and agree to be bound by these Terms, including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions stated herein, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. If you have any questions about these Terms, the Privacy Policy, or the Site, you may contact us via the information presented on the contact page.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without express written permission by us.
Information presented on the Site may not always be accurate or up to date. Certain information on the Site such as, but not limited to, pricing, description, lead time, and availability are subject to change without notice. Establish aims to present the most accurate depiction of product colors, features, finishes, specifications, and details. However, we cannot guarantee that this depiction of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. We reserve the right to discontinue any products at any time for any reason.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.
Establish aims to provide the most accessible and user-friendly website possible. If you are experiencing difficulty navigating the Site and/or its content, please contact Establish at info@establishhome.co and our team would be happy to assist you.
If you send submissions, reviews, comments, photos, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you grant to us a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display or otherwise use such User Content, and agree that we have the right, but not the obligation, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; (3) to respond to any User Content; or (4) to use any User Content.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you make and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
Nothing on the Site should be construed as granting a license or the right to use any trademark or other intellectual property owned by Establish without prior written consent. All content, including but not limited to body copy, headers, illustrations, photographs, audio, and video is property of Establish. All content on the Site is subject to copyright protection and shall be treated as the sole property of Establish unless stated otherwise. In addition, all original Establish architecture plans, custom furniture, and custom products are property of Establish and are subject to copyright protection.
In no event shall Establish be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of this Site or our products or services. Furthermore, Establish accepts no liability whatsoever for the safety, reliability, durability, and performance of any of our products.
At our discretion, we may include third-party products or services on the Site. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. These third-party sites have separate and independent privacy policies as well as independent terms and conditions. We, therefore, have no responsibility for the content and activities of these linked sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
When you use the Site, submit a message through our contact page, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on our website. You agree that we may treat specific actions by you, such as checking boxes to receive email updates or sending us an email directly or through the website, as a request that we share information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in our Privacy Policy.
The Site is for the use of individuals who seek to consider, review, or purchase or otherwise engage in retail transactions of products sold by Establish. This Site and its functionality shall not be used to harass, abuse, defame, or abuse the rights of any other party. All orders on this Site must be legitimate and accurate orders. Fraudulent orders will not be tolerated. Establish maintains the right to remove any party from the Site if said party misuses the website and its functionality for any reason, in the sole discretion of Establish. In addition, you may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors or data collection except those that are specifically endorsed or approved by us in writing.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Utah. The laws of your jurisdiction may be more or less strict than the laws of the State of Utah and the laws of the United States. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Regardless of where you access the Site, you agree that any action at law or equity arising out of or related to the Site or these Terms shall be filed and adjudicated only in the state or federal courts located in Salt Lake County, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site or these Terms. The prevailing party shall be entitled to payment by the non-prevailing party of its reasonable attorneys’ fees in any such suit, action or proceeding.
To contact us regarding these terms or the website itself, please visit the contact page.
