Terms & Conditions of Sale

LAST UPDATED: October 21st, 2021

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS WEBSITE, BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY, FOUND AT https://helloagaindecor.com/privacy-statement-us/ AND OUR COOKIES POLICY, FOUND AT https://helloagaindecor.com/cookie-policy-us/, INCORPORATED HEREIN BY REFERENCE.YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OR THROUGH THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH HELLO AGAIN DÉCOR LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms and Conditions.
1. These Terms and Conditions are entered into by and between you and Hello Again Décor LLC, a New York corporation, (“Hello Again Décor,” "we," “our,” "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms") govern (i) your access to and use of the website located at www.helloagaindecor.com and all other websites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked to (collectively, the "Website"), including any content, functionality, and services offered on or through the Website, whether as a visitor or registered user, and (ii) the purchase and sale of any products or services (“Products”) through the Website.
2. Certain areas within the Website or certain offers (for example, certain discounts or coupons) may be governed by additional terms ("Additional Terms"). By using those areas of the Website or by taking advantage of any such offer, you agree to the Additional Terms. All such Additional Terms are incorporated into these Terms by reference, and any reference to these Terms includes any such Additional Terms.
3. In the event you are visiting or using the Website, purchasing any Products, or taking any other action or engaging in any other conduct governed by these Terms at the direction of or on behalf of a legal entity (including without limitation anything done through an Account (as defined below) created by and/or for such legal entity), “you” will refer to both you as the individual engaging in that action or actions and the particular legal entity you are acting at the direction or on behalf of, and these Terms shall be binding on both you and the legal entity you are acting in association with. In such an event, if you are an individual, you hereby represent and warrant that you are fully authorized to bind the applicable legal entity to such agreements as may be made in connection with these Terms and the purchase of any Products through the Website.
Accessing the Website; Accounts.
1. We reserve the right to withdraw or amend this Website, any Product, or any Content (as defined below) we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
2. You are responsible for both:
  1. Making all arrangements necessary for you to have access to the Website.
  2. Ensuring that all persons who access the Website through your internet connection are aware of these and comply with them.
3. You may be required to register for an account (your “Account”) with Hello Again Décor before you are permitted to purchase Products or access certain features of or services made available through, the Website. It is a condition of your use Website that all the information you provide in connection on the Website is correct, current, and complete. You agree that all information you provide to the Website for any purpose, including, but not limited to, setting up an Account, using an Account, or using any interactive features on the Website, is governed by our Privacy Policy [URL LINK] and our Cookies Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and Cookies Policy.
4. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WHOLLY LIABLE AND RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR WITH THE USE OF YOUR PASSWORD, YOUR USER NAME, OR ANY OTHER INFORMATION PROVIDED TO YOU ARE PART OF OUR SECURITY PROCEDURES, WHETHER OR NOT ANY SUCH ACTIVITIES OCCUR WITH OR WITHOUT YOUR PERMISSION AND/OR KNOWLEDGE.
5. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, to terminate your Account, refuse service to you, or cancel any orders you place through the Website (if which event you will promptly receive a complete refund of any amounts you have paid us for an order) at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Order Acceptance and Cancellation. You agree that any order you make through this Website is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Hello Again Décor and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at sales@helloagaindecor.com or by calling us at (347) 659-4611.
Prices and Payment Terms.
1. All prices posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include any taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. Payment may only be made with a valid credit card, debit card, or use of those bona fide electronic payment providers (i.e., PayPal) that the Website indicates we accept (collectively, “Payment Cards”). By using a Payment Card, you represent and warrant that (i) all Payment Card information you supply to us or any third-party payment processor is true, correct, and complete, (ii) you are duly authorized to use such Payment Card for the purchase, (iii) charges incurred by you will be honored by your Payment Card issuer or provider (“Payment Card Company”), (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, and (v) you have the full right and authority to make the purchase in the manner elected without violating any applicable law, rule, or regulation. You will be solely responsible for any fees or charges you may incur in connection with using a Payment Card.
Payment Processor. We have contracted with a third-party payment processor to facilitate purchases made on the Website. When you make a purchase through the Website, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your Payment Card Company and we are not responsible if your Payment Card Company declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, your Payment Card Company may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements in connection with such payment processing services.
Shipment of Products.
1. We will arrange for shipment of the Products to you. Please check a Product’s individual Website page for the delivery option(s) available for that Product. You will pay all shipping and handling charges specified during the ordering process.
2. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
All Sales are Final; No Returns or Refunds. YOU ACKNOWLEDGE AND AGREE THAT, (A) ANY PURCHASE OF A PRODUCT THROUGH THE WEBSITE IS FINAL ONCE CONFIRMED BY US, AND (B) HELLO AGAIN DÉCOR WILL NOT PROVIDE ANY PARTIAL OR COMPLETE REFUND FOR, ACCEPT THE RETURN OF, ANY PRODUCT YOU PURCHASE THROUGH THE WEBSITE OR ALLOW YOU TO EXCHANGE ANY PRODUCT YOU HAVE PURCHASED FOR ANOTHER PRODUCT AVAILABLE THROUGH THE WEBSITE UNLESS AND SOLELY IN THE EVENT THAT A PRODUCT (i) NEVER ARRIVES AT THE ADDRESS YOU HAVE PROVIDED FOR DELIVERY OR (ii) IS ENTIRELY DIFFERENT FROM THE PRODUCT YOU ORDERED FROM US (AS PER THE CONFIRMATION EMAIL FOR YOUR PURCHASE OF THE PRODUCT).
Our Content and Intellectual Property Rights.
1. The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, (collectively, “Content”) are owned by Hello Again Décor, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit Content, except as follows:
  - Your computer may temporarily store copies of any Content in RAM incidental to your accessing and viewing such Content.
  - You may store files that are automatically cached by your Web browser for display enhancement purposes.
  - You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  - If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  - If we provide social media features with certain Content, you may take such actions as are enabled by such features.
3. You must not:
  - Modify copies of any Content.
  - Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  - Delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Content.
  - You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
  - If you wish to make any use of any Content other than that set out in this Section, please address your request to:sales@helloagaindecor.com
4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of any Content that you have made. No right, title, or interest in or to the Website or any Content, and all rights not expressly granted are reserved by Hello Again Décor. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Prohibited Uses of the Website. You may use the Website only for lawful purposes and in accordance with these Terms. In addition:
1. You agree not to use the Website:
  - In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  - For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  - To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  - To impersonate or attempt to impersonate Hello Again Décor, one of our employees or other personnel, another Website user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  - To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Hello Again Décor or users of the Website, or expose them to liability.
2. Additionally, you agree not to:
  - Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  - Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  - Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  - Use any device, software, or routine that interferes with the proper working of the Website.
  - Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  - Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  - Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  - Otherwise attempt to interfere with the proper working of the Website.
Hello Again Décor Trademarks. The trademarks, service marks, and logos of Hello Again Décor (the “Hello Again Décor Trademarks”) used and displayed in connection with the Website, the Content, and the Products are registered and unregistered trademarks and service marks of Hello Again Décor. Other company, product, and service names located on the Website or otherwise used in connection with the Website or Products may be trademarks or service marks owned by third parties (“Third-Party Trademarks”, and, collectively with the Hello Again Décor Trademarks, the “Trademarks”). Nothing on or made available to you on or through the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or otherwise used in connection with the Website, any Content, or any Products without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Hello Again Décor Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Hello Again Décor Trademark shall inure to our benefit.
Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website, any Content or any Products (collectively, “Feedback”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of any such Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
Third-Party Websites. The Website may contain links to third-party websites, services, or other resources on the Internet, including but not limited to sponsors, advertisers, and social media networks, and other websites, services, or resources may contain links to the Website (collectively, “Third-Party Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of any Third-Party Website or any content on a Third-Party Website. Such Third-Party Websites are their content are developed and provided by others. You should contact the applicable site administrator for any Third-Party Website if you have any concerns regarding such links or any content located on such Third-Party Website. We are not responsible for the content of any Third-Party Websites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Websites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Websites.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs our use of any personal information collected on this Website from your or otherwise collected from in you in connection with your purchase of Products through the Website. By using the Website and/or by purchasing any Products, you consent to all actions taken by us with respect to your personal information in compliance with our Privacy Policy.
Custom Requests. In the event that you arrange for us to supply your or any third party with any goods (“Custom Requests”) that are not presented for sale through the Website, then, notwithstanding anything in these Terms to the contrary, Hello Again Décor will have the right to charge and receive payment from you in full (including any additional amounts we may charge for repairing, refurbishing, or otherwise in connection with a Custom Request as determined by us at our sole discretion) before supplying you with such Custom Requests. You acknowledge and agree that a Custom Request shall be deemed to be a Product that is sold through the Website and any additional terms and conditions we communicate to you about a Custom Request shall be deemed to be Additional Terms hereunder. For the avoidance of doubt, and without limitation, Hello Again Décor makes no representations or warranties not otherwise stated in these Terms about any Custom Request or any services or other work we or any third party may engage in related to identifying, locating, curating, and/or notifying you about, any goods you may purchase as Custom Requests.
Disclaimer of Warranties
1. You understand that we cannot and do not guarantee or warrant that any Content or any files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR USE OR DOWNLOADING OF ANY CONTENT OR ANY OTHER MATERIAL POSTED OR AVAILABLE ON OR THROUGH IT OR ANY THIRD-PARTY WEBSITE.
2. YOUR USE OF THE WEBSITE, ANY CONTENT, OR ANY PRODUCT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT, AND ANY PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS", “WITH ALL ITS FAULTS,” AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HELLO AGAIN DÉCOR NOR ANY OTHER HELLO AGAIN DÉCOR PARTY (AS DEFINED BELOW) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HELLO AGAIN DÉCOR NOR ANYONE ASSOCIATED WITH HELLO AGAIN DÉCOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE CONTENT, OR THE SERVER(S) THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
3. TO THE FULLEST EXTENT PROVIDED BY LAW, HELLO AGAIN DÉCOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
1. SUBJECT TO SECTION 15(b), SECTION 15(c), AND SECTION 25, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL HELLO AGAIN DÉCOR OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, MANAGERS, MANAGING MEMBERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, "HELLO AGAIN DÉCOR PARTIES") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT, ANY THIRD-PARTY WEBSITES, ANY CONTENT ON THE WEBSITE OR ANY THIRD-PARTY WEBSITES, NOR WILL ANY HELLO AGAIN DÉCOR PARTIES UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
2. SUBJECT TO SECTION 15(c) AND SECTION 25, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE HELLO AGAIN DÉCOR PARTIES IN CONNECTION WITH A PRODUCT YOU HAVE PURCHASED THROUGH THE WEBSITE EXCEED THE AMOUNT YOU HAVE PAID TO HELLO AGAIN DÉCOR FOR THE APPLICABLE PRODUCT, NOR WILL ANY HELLO AGAIN DÉCOR PARTIES UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
3. THE LIMITATIONS OF LIABILITY SET OUT ABOVE (i) DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DEATH OR BODILY INJURY CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE WEBSITE AND (ii) DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hello Again Décor Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any Feedback you provide, or your access to, use or misuse of the Website, any features or services made available through the Website, any Content or any Products. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to the Hello Again Décor at legal@helloagaindecor.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
Dispute Resolution and Binding Arbitration.
1. YOU AND HELLO AGAIN DÉCOR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
2. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING, CONFIDENTIAL ARBITRATION.
3. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 18. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, these Terms, or any agreement between you and Hello Again Décor formed pursuant to these Terms, is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
5. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
6. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
7. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HELLO AGAIN DÉCOR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
8. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. This agreement to arbitration will survive the termination of your relationship with us.
Equitable Remedies. You acknowledge that Hello Again Décor would be irreparably damaged in the event of your breach or threatened breach of any of your obligations set forth in Section 8 and Section 9 above and you agree that, notwithstanding anything in Section 18 above to the contrary, in the event of such a breach or a threatened breach, Hello Again Décor will be entitled to an injunction from a court of competent jurisdiction (without any requirement to post bond) to prevent such breaches of the Terms and to enforce specifically the provisions set forth in Section 8 and Section 9 above in any action instituted in any court of the United States or any state thereof having jurisdiction over the parties and the matter, in addition to any other remedy to which we may be entitled, at law or in equity.
Your Compliance with Applicable Laws; Products Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations (as defined below) in connection with your access and use of the Website, any Content, and your purchase and use of any Products. You represent and warrant that you are using the Website, the Content, and/or purchasing Products from the Website for your own personal or household use only (or, if you are a legal entity, for your internal business use only), and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is a permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
Geographic Restrictions. The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Changes to these Terms; Termination of Use of Website. These Terms are subject to change by Hello Again Décor without prior written notice at any time, at our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before using the Website or purchasing any Products that are available through the Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Notices.
1. To You. We may provide any notice to you under these Terms by (i) sending a message to an email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to legal@helloagaindecor.com provided the receipt of any such email is acknowledged by a non-automated response, or (ii) by personal delivery, overnight courier, or registered or certified mail to Hello Again Décor LLC, 160 Varick St., Suite 1101, New York, NY 10013. We may update the email or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
Miscellaneous. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Other than the rights and remedies available to the Hello Again Décor Parties as set forth in Section 16 above, these Terms do not and are not intended to confer any rights or remedies upon any person other than Hello Again Décor and you. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Any information you submit to or provide through the Website might be publicly accessible, and you should protect important and private information. We are not liable for the protection of privacy of email or other information transferred through the Internet or any other network that you may use. Our order confirmation, these Terms, our Privacy Policy, our Cookies Policy, and any Additional Terms or other documents incorporated herein by reference, will together be deemed the final and integrated agreement between you and us on the matters contained in these Terms. The agreement between Hello Again Décor and you formed by these Terms is personal to you and is not assignable, transferable, or sublicensable by you except with our prior written consent. Such agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of such agreement and neither you nor Hello Again Décor has any authority of any kind to bind the other in any respect.
Important Note for New Jersey Consumers. If you are a consumer residing in New Jersey, then, notwithstanding anything to the contrary elsewhere in these Terms, the following provisions of these Terms 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: (a) in Section 15 above, the disclaimer of liability for any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act); (b) in Section 15 above, the limitation on liability for lost profits or loss or misuse of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 15 above, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) in Section 16 above, the requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 17 above, the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

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