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Last updated: April 18, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and SelectBlinds, LLC and any of its parents, subsidiaries, affiliates, related entities, agents, or partners (collectively, “Company,” “we,” “us,” or “our”) and governs your access to and use of our websites, mobile, and other online services or applications that link to this Agreement and the features, content, programs, and services, including offerings we make available through each such website (collectively, the “Site”). By continuing to access and use the Site, you agree that such use is legally sufficient consideration under this Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE.
CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.
We are committed to making the Site accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Site, please Contact Us.
Click on the links below to jump to that section of the Agreement.
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read the entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this Highlights section and the terms of the full Agreement, the terms of the full Agreement control.
(a) Shopping on Our Site
Read more about our eCommerce policies.
(b) Our Rights
Read more about our rights and control of the Site and Content.
(c) Your Use of Our Site
Read more about what you can and cannot do on the Site.
(d) Your Content
Read more about User Content.
(e) International Users
Read more about our International Terms.
(f) Important Things to Know
Read the complete Agreement below.
Our Site may allow you to purchase products directly on it. Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through the Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
Individual product listings may reflect a MSRP (Manufacturer’s Suggested Retail Price) dollar amount. This refers to the suggested retail price as determined by the manufacturers of products sold by us. The MSRP may not be the prevailing market price or regular retail price, and products may not have been sold or offered by us at the MSRP.
We may make improvements and/or changes in products or services described on the Site, add new features, or terminate the Site at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on the Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on the Site is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), products sold on the Site are intended for end use in the United States and are not labeled or intended for international distribution.
Order Changes: Saving an order in your Account and adding products to your shopping cart do not guarantee the price or availability of any product. For orders placed with both standard production time (i.e., 2 to 3 business days) and standard shipping, we allow customers a 24-hour review period after such orders are placed before sending the orders to our production facility. This gives you time to correct any “oops!” or make any last-minute changes to your order. Changes within the standard 24-hour review period can be submitted by email via our How to Make Changes to an Order or Contact pages. You can also call our Customer Care Team at 888-257-1840 to adjust your order. Changes to orders cannot be made after the expiration of the 24-hour review period.
If you wish to bypass the 24-hour review period and have your order sent directly into production, click the “Bypass Review” button when you receive your order confirmation email. If you choose “Bypass Review,” no changes can be made to your order.
Orders requesting expedited shipping cannot be changed after they are placed notwithstanding any review period.
Phone Orders: All phone order customers must verify their orders on the order confirmation emailed to them after checkout. Failure to do so will void our Satisfaction Guarantee. We strongly suggest that you review your email confirmation after every order. If you do not receive an email confirmation for any reason such as an incorrectly entered email address, it is your responsibility to contact us to obtain the email confirmation and confirm your order.
Order Handling Fee: A specified, non-refundable order handling fee is applied to every order, no matter the quantity. Among other things, it helps us to absorb the escalating costs of manufacturing many of our custom-made window coverings and helps us maintain free standard shipping on all our products.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
The only way to be sure you’re ordering the exact color you want is to order samples first. Product colors are reproduced and represented on the Site to the best of our capabilities; however, different resolutions on different monitors and screens can dramatically affect the color you see. This applies to both fabric and wood products. (Please note that due to the variances in a wood’s natural color, grain, etc., we cannot ensure the exact color of stained wood blinds.)
Because they may come from different dye lots, sample colors may also vary from the color of the blinds you receive. To help ensure the finished product comes from the same dye lot and matches the color you sampled, we recommend ordering products within thirty (30) days of sampling. You may reorder samples if more than thirty (30) days has passed between ordering an initial sample and before you place your order. If ordering multiple blinds, you should sample first and then order all of them at the same time to help ensure they come from the same dye lot and match one another.
You may order up to fifteen (15) free samples at one time. Samples are shipped to you free the next business day via standard ground (usually delivered in 3-5 business days). Samples may be expedited for $10.00, and will be delivered in two business days. Cutoff for sample orders sent with expedited delivery is 12 p.m. Mountain Standard Time, Monday through Friday. Expedited sample orders placed after 12 p.m. Mountain Standard Time on Friday will ship the following business day. No sample orders will be shipped on weekends.
We will honor the applicable promotional offer available at the time of your sample order and apply it to any product order you place within thirty (30) days from a sample order of the same color. To lock in a purchase price at the time you order samples, build your shopping cart, then call our Customer Care Team at the information provided below to have the applicable pricing applied to your cart at checkout. This pricing offer applies only to products you order within thirty (30) days of your sample order and will not automatically be applied without a request from you through our Customer Care Team.
See our guide to ordering and using free product samples for more tips and information on sampling.
Our F.I.T. Guarantee gives you the confidence to measure your own custom window coverings without worrying about making a mistake. If you do make a measuring mistake, we will remake that product to your corrected size specifications at no cost to you, except for a $10.00 shipping fee. The F.I.T. Guarantee does not include motorized products, drapery/curtains, and/or shutters.
To request a remake under the F.I.T. Guarantee, call us at 888-257-1840. Requests for product remakes under the F.I.T. Guarantee must be made by you within thirty (30) days of the delivery date of the original product to you. You must provide us with photos or videos showing how the original product does not fit your window when requesting a remake under the F.I.T Guarantee.
The F.I.T. Guarantee applies only to necessary remakes of a product due to customer error in measurements (i.e., incorrect/wrong size window measurements provided by the customer on the original order) resulting in a product that is made using the wrong size. The F.I.T. Guarantee is limited to remakes of a product, and no refunds are available under the F.I.T. Guarantee.
Product remakes will be made with customer’s corrected measurements applied to the original product ordered only. Product(s) will be remade in the same style, color, features, etc., per your original order. If there is a difference in price between the original product and the remake, you may incur an additional charge in the amount of the difference in price between the original product and the remake.
Remakes under the F.I.T. Guarantee are limited to one (1) remake per original order and a total of four (4) window coverings per household per customer lifetime whether for same or different product(s) and orders. If you are ordering multiple products and are unsure of your measurements, we recommend ordering one product to start so you can see how easy it is to install and confirm that your measurements are correct before ordering for the rest of your windows.
Any mis-measure remakes beyond what is covered in the F.I.T. Guarantee will be made at customer cost for the price of the original order, including any discounts, plus an additional 10% off. Expedited shipping is not available and shipping fees will also apply.
Additional exclusions: Any product ordered outside recommended product sizes per specifications on our product pages is not covered by the F.I.T. Guarantee and you proceed at your own risk. Bulk orders of twenty-five (25) or more of the same product are not covered under the F.I.T. Guarantee. Dealer orders are also not covered under our F.I.T. Guarantee.
We offer a 90 Day Satisfaction Guarantee. As all of our blinds and shades are custom-made, we cannot offer a refund or exchange (remake) unless a product is defective. If there is a defect in the product’s materials or workmanship, the product doesn’t work properly, or was product made in the wrong size and doesn’t fit due to an error made at our production facility, you can return it and we will replace or repair the same product in the same size you ordered at no cost to you for up to ninety (90) days from the date of purchase.
Should you return a product for any other reason (e.g., you don’t like the color, you need a different mount or lift style, changed your mind about a feature, etc.), you can request a remake of the same product in the same size you originally ordered at the same price you paid (including any discounts), plus an additional 10% off. To initiate a return, please contact our Customer Care Team at 888-257-1840. Returns must be approved by us in writing. As our products are custom, we encourage you to contact our design consultants before placing your order and to try ordering one product to start before ordering for the rest of your windows.
Please see our Returns page for more details.
Free standard shipping (i.e., UPS ground or similar) is included if shipping to an address in the continental 48 United States for all original orders. Express or expedited shipping, if available, may be purchased at an additional cost. Shipping charges may apply for shipping to addresses outside the continental 48 United States. Shipping charges will also apply for remakes under the F.I.T. Guarantee and for samples sent with 2-day expedited shipping.
Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
All damaged or lost shipments must be reported to our Customer Care Team within seven (7) business days of tracking number order delivery. We reserve the right to request documentation showing the defects/damage of the delivery. We will, at our discretion, either repair or replace the exact same product at no charge to you. We are not liable for any lost shipments when USPS is selected as the shipping method.
ATTENTION CANADIAN CUSTOMERS: Free shipping offers do not apply to orders shipped to Canada. While orders up to $2,500 CAD will not incur import duties they may be subjected to additional taxes and fees (most commonly the Goods & Site Tax). These charges are the responsibility of, and must be paid by, the receiver of goods.
ATTENTION INTERNATIONAL CUSTOMERS: The Site may not allow international orders. All international orders are shipped via USPS Global Mail. There is a flat rate shipping charge depending on the destination country. If your order exceeds $300, we may contact you if additional shipping fees are required. Please note that your order may incur some additional import tariffs and/or customs charges that are controlled by the destination country. These charges are the responsibility of, and must be paid by, the receiver of goods. Free shipping offers and coupons are not applicable to countries outside the U.S.
If you have questions regarding shipping, please Contact Us.
The Site creates or advertises promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions; they must be provided at the time of purchase. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Buy 1 Get 1 Free: Certain products may qualify for a “Buy 1 Get 1 Free” promotion. This means that when you make a qualified purchase of one (1) blind/shade from the eligible products available and in stock, you receive a second eligible blind/shade of equal or lesser value for free if available, in stock, and if selected during the same transaction. The savings from the second free product will show in your shopping cart. If some or all products purchased in this transaction are returned, the free blind/shade will have no refund or credit value. This promotion does not apply to prior purchases and no adjustments on previous orders are permitted. This “Buy 1 Get 1 Free” promotion is limited to one order per household and will be applied to the lowest priced product(s) in your cart.
Buy 1 Get 1 50% Off: Certain products may qualify for a “Buy 1 Get 1 50% Off” promotion. This means that when you make a qualified purchase of one (1) blind/shade from the eligible products available and in stock, you receive a second blind/shade of equal or lesser value for 50% off if available, in stock, and if selected in the same transaction. The savings from the second product will show in your shopping cart. If some or all products purchased in this transaction are returned, the value of the 50% off blind/shade will not be refunded or credited back. This promotion does not apply to prior purchases and no adjustments on previous orders are permitted. This “Buy 1 Get 1 50% Off” promotion is limited to one order per household and will be applied to the lowest priced product in your cart.
Buy 2 Get 1 Free: Certain products may qualify for a “Buy 2 Get 1 Free” promotion. This means that when you make a qualified purchase of any two (2) or more blinds/shades from the eligible products available and in stock, you receive a third blind/shade of equal or lesser value for free if available, in stock, and if selected in the same transaction. The savings from the free product will show in your shopping cart. This promotion does not apply to prior purchases and no adjustments on previous orders are permitted. This “Buy 2 Get 1 Free” promotion is limited to one order per household and will be applied to the lowest priced product in your cart. If some or all products purchased in this transaction are returned, the value of the free blind/shade will not be refunded or credited back.
Buy 2 Get 1 50% Off: Certain products may qualify for a “Buy 2 Get 1 50% Off” promotion. This means that when you make a qualified purchase of two (2) blinds/shades from the eligible products available and in stock, you receive a third blind/shade of equal or lesser value for 50% off if available, in stock, and if selected in the same transaction. The savings from the 50% off product will show in your shopping cart. This promotion does not apply to prior purchases and no adjustments on previous orders are permitted. This “Buy 2 Get 1 50% Off” promotion is limited to one order per household and will be applied to the lowest priced product in your cart. If some or all products purchased in this transaction are returned, the value of the 50% off blind/shade will not be refunded or credited back.
Tier Promotions: Tier promotions are based on a minimum purchase. For example, “Extra 20% Off $2,000+, OR 15% Off $750+, OR 10% Off Any Order.” Where minimum purchase amounts are specified as part of the promotional offer, this means that your shopping cart subtotal at checkout must be equal to or greater than the specified minimum purchase amount. Qualification for specified minimum purchase promotions is not based on your post-discount purchase price.
Multiple Promotions: Where multiple promotions may apply to a product (i.e., 20% Off Sitewide, plus Extra 10% Off Faux Wood Blinds), such discounts are applied sequentially, with the first promotion applied first, and the second promotion applied to the post-discount price of the first promotion. Using the above example, if a product has an MSRP of $100, the 20% Off is applied first, resulting in a discounted price of $80. Then the Extra 10% off is applied to the discounted price of $80, resulting in a final discounted price of $72.
We offer a 3-Year Limited Warranty for our products at no cost. 5-Year limited and unlimited warranties are also available at an additional cost for our products. These are the only warranties we provide to our products. Visit our warranty page for more information. Discounts, coupons, or promo codes cannot be applied to the cost of a warranty. The warranty applicable to your purchase supersedes any and all stated warranties, whether written or oral. In no event shall we be liable for indirect, special, incidental, exemplary, punitive, or consequential damages that may result from any defect in product or breach of this warranty. We reserve the right to inspect any part or component prior to replacements. In order for repair or replacement to be made, a Bill of Sale, canceled check, or other payment record verifying the original purchase date must be presented to us and verified.
NOTWITHSTANDING THE FOREGOING TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT RELATED TO OUR PRODUCTS. ALL PRODUCTS ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, COMPANY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO 90-DAYS AS SET FORTH IN THE 90-DAY SATISFACTION GUARANTEE SECTION ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site (“Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Site and its Content for personal, informational, and shopping purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Site. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Site or the Content.
While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
You are responsible for any information, text, reviews, posts, images, videos, or other materials or content that you post on the Site, upload to us, or transmit through the Site (“User Content”). You agree, represent, and warrant that any User Content you post on the Site or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Site any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
We may host message boards, user-generated content, promotions, reviews, blogs, games, and other interactive features or services through which users can post or upload User Content or otherwise interact with the Site or something on it (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Site and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on the Site or any Forum; (ii) monitor User Content and Forums; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Site that you believe violates this Agreement, please Contact Us.
Sharing Content: The Site may also allow you to make recommendations or send Content to others, for example through an “email this” feature that will send content to the email address you provide. Only provide contact information for individuals who have told you they want to receive the Content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive the Content.
The Site may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative. You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may not be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
We offer our customers mobile alerts regarding sales, promotional events, new product releases, loyalty program alerts, cart reminders, and order and shipping alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.
Signing Up and Opting In to a Text Message Program
Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under 18 years old (or the applicable age of majority in your home state) or if you do not agree to the terms of this Agreement. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.
By opting into a Text Message Program, you:
While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
Content You May Receive
Once you opt-in to a Text Message Program, your message frequency may vary. You may receive alerts about:
Opting Out and Seeking Assistance
You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to 87723 or to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.
If you need assistance at any time, or you forget what keywords are supported, just text “HELP” to the number sending the text message you received or contact SelectBlinds' Customer Care Team.
Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
Supported Carriers
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Changing Your Phone Number
If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To do so or find out more information on our text message marketing programs, Contact Us. Our applies to text message marketing programs.
In general, you are not obligated to register for an account in order to access the Site. However, certain sections and features of the Site are available only to users (“Registered Users”) who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Site.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
The Site may contain expert opinions. Information on the Site identified as expert opinion, or accessed from the Site by a hyperlink, represents the opinions of those respective experts, which are not necessarily those of Company.
The Site may contain blogs with information about how to use a product or statements about a product’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product and should not be relied upon as such.
Similarly, the Site may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.
The Site may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another website, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.
Descriptions and graphic representations of products on the Site are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on the Site.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON THE SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Any information, statements, opinions, or other information provided by third parties and made available on the Site are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer, statement or other third-party content on the Site.
We may provide on the Site, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Site. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos or copyright symbols.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Houzz, Twitter, YouTube, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Site, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective Social Media Pages’ terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SITE AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITE AND RESOURCES.
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
Designated Agent: [INSERT]
Email: [INSERT]
Address: [INSERT]
Phone: [INSERT]
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement - there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Site. Your continued use of the Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
This Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional terms, conditions, and/or policies may apply to use of specific portions of the Site and to the purchase of certain merchandise or services and are included as part of this Agreement, whether they reference this Agreement or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
Other policies and agreements are typically found by navigating the Site, typically by checking website headers and footers and by reviewing hyperlinked terms at the point of sale.
Any sweepstakes, contests, coupons, rebates or other promotions made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.
Should we employ you, none of the materials provided on the Site constitute or should be considered part or of an employment contract or an offer for employment.
Termination
The Site and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Site and all copies thereof; (ii) you will immediately cease all use of and access to the Site; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Site after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement, your Account, or access to the Site, any User Content you have posted or submitted may remain on the Site indefinitely.
Children
The Site are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SITE. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish an Account, and you should use the Site only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, the Site or certain sections of the Site, as well as promotions, programs and commerce we may offer on the Site, may be explicitly limited to people over the age of majority. If you are not old enough to access the Site or certain sections or features of the Site, you should not attempt to do so.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SITE OR ANY OTHER SITE LINKED TO OR FROM THE SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES, AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SITE, CONTENT, PRODUCTS, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR FAILURE, ACCIDENTS OR ILLNESS, OR PROPERTY LOSS.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) , or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Site and our products; or (iii) User Content or other information you provide to us through the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Consent to Communication
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
Assignment
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Agreement to Arbitrate
You and we agree that any dispute, claim, or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Maricopa County before one arbitrator or submitted to small claims court in Maricopa County. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.
No Class Actions
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we 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 this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 145 South 79th Street, Suite 85, Chandler, AZ 85226. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.
Injunctive Relief
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings
If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of conflict or choice of law rules. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Severance of Arbitration Agreement
If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under Disputes, Arbitration, and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on the Site may only be available in the territory to which the Site are directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you choose to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Site’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected]. You may also contact us by writing to Attn: Legal Department, 145 South 79th Street, Suite 85, Chandler, AZ 85226.
If you have questions about this Agreement, or if you have technical questions about the operation of the Site, please contact us through this online form or by writing us at Attn: Legal Department, 145 South 79th Street, Suite 85, Chandler, AZ 85226.
If you have any questions or comments about our company, our products, your order, or have other customer service needs, click here to contact our Customer Care Team or call us at 888-257-1840.
You can also text HELP to 888-257-1840 to receive a link to this Agreement and a phone number to call for assistance. Wireless carrier charges may apply.
You can also contact us via mail at
SelectBlinds, LLC
Attention Customer Care Team
145 South 79th Street, Suite 85
Chandler, AZ 85226
