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Conditions Of Use
Welcome to Improvements Catalog. Improvements Catalog provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via Improvements Catalog's website(s), Improvements Catalog's mobile services, Improvements Catalog's telephone ordering and interactive voice response services, Improvements Catalog's software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions ("Improvements Catalog Services"), you accept these Conditions. In some instances, a particular Improvements Catalog Service or a product purchased through the Improvements Catalog Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Improvements Catalog Services.
Improvements Catalog makes no representation that content included in any Improvements Catalog Services is appropriate or available for use in locations other than in the United States, and access to the Improvements Catalog Services from territories where their content is illegal is prohibited. Those who choose to access the Improvements Catalog Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Improvements Catalog Service in violation of U.S. export laws and regulations.
Change of Terms
Improvements Catalog may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Improvements Catalog may give by any means, including, without limitation, by posting the revised Conditions on the Improvements Catalog Services. You are responsible for reviewing the Improvements Catalog Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Improvements Catalog Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
Improvements Catalog reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Improvements Catalog, and may be adjusted by Improvements Catalog any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Copyright in the documents and material on the Improvements Catalog Services is owned by or licensed to Improvements Catalog. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Improvements Catalog Services are either the property of, or used with permission of, Improvements Catalog. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Improvements Catalog Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Improvements Catalog Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Improvements Catalog Services without the written permission of Improvements Catalog or any third party that may own such trademarks or service marks. Improvements Catalog will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the Improvements Catalog Services, you grant Improvements Catalog a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Improvements Catalog and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Improvements Catalog for all claims resulting from any content that you supply. Improvements Catalog has the right but not the obligation to monitor any activity and to edit or remove any content. Improvements Catalog takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Improvements Catalog vendors, do not constitute sponsorship, endorsement, or approval by Improvements Catalog of the content, policies, or practices of such linked sites or services. Improvements Catalog is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use the Improvements Catalog Services, send e-mails to Improvements Catalog, or receive electronic communications from Improvements Catalog, you are, and consent to, communicating with Improvements Catalog electronically. Improvements Catalog may communicate with you by e-mail or by posting notices on one or more of the Improvements Catalog Services. You agree that all notices, disclosures, agreements, policies, and other communications that Improvements Catalog provides to you electronically satisfy any requirement that such communications be in writing.
The Improvements Catalog Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Improvements Catalog, and access certain other features (collectively, the "Mobile Services"). Improvements Catalog does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Improvements Catalog, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Improvements Catalog, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Improvements Catalog may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Improvements Catalog. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Improvements Catalog intends to send to you are not sent to another person.
For Improvements Catalog's "Mobile Alerts", you may unsubscribe at any time, and for any reason, by visiting the Mobile Alerts signup page on My Account and opting out of the Mobile Alerts you do not wish to receive, replying with the word STOP to your Improvements Catalog Mobile Alert, contacting Customer Service at 800-634-9484, or by mailing a request to Improvements Catalog Customer Service, 5566 West Chester Road, West Chester, OH 45069-2914. We are always happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE IMPROVEMENTS CATALOG SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, IMPROVEMENTS CATALOG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE IMPROVEMENTS CATALOG SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IMPROVEMENTS CATALOG DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE IMPROVEMENTS CATALOG SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL IMPROVEMENTS CATALOG OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IMPROVEMENTS CATALOG SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE IMPROVEMENTS CATALOG SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF IMPROVEMENTS CATALOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMPROVEMENTS CATALOG DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE IMPROVEMENTS CATALOG SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE IMPROVEMENTS CATALOG SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL IMPROVEMENTS CATALOG OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE IMPROVEMENTS CATALOG SERVICES, EVEN IF IMPROVEMENTS CATALOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IMPROVEMENTS CATALOG'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Improvements Catalog and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Improvements Catalog Services.
Your Access to Improvements Catalog Services
When you use the Improvements Catalog Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Improvements Catalog Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Improvements Catalog sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Improvements Catalog Services only with the involvement of a parent or guardian. Improvements Catalog reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Improvements Catalog Services. In the event that Improvements Catalog denies you access to one or more Improvements Catalog Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
In accordance with the Digital Millennium Copyright Act ("DMCA"), Improvements Catalog has designated an agent to receive notification of alleged copyright infringement occurring on the Improvements Catalog Services:
- DMCA Notification Agent
- Attn: Legal Department
- HSN, Inc.
- 1 HSN Drive
- St. Petersburg, Florida 33729
- E-mail: email@example.com
- Attn: Legal Department
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Improvements Catalog to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Improvements Catalog of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Improvements Catalog Service are involved, please provide a representative list of such works on that Improvements Catalog Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit Improvements Catalog to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided Improvements Catalog is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
Improvements Catalog may not be able to act on your complaint promptly or at all if you do not provide this information.
These Conditions contain the entire understanding of you and Improvements Catalog with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Improvements Catalog with respect to the subject matter hereof. The failure of Improvements Catalog at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Improvements Catalog to thereafter enforce each and every provision of these Conditions. No waiver by Improvements Catalog of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and Improvements Catalog and you consent to the personal jurisdiction and venue of such courts.
Last updated: October 20, 2010