Terms and Conditions

Tobi Fairley & Associates Terms & Conditions

(for Tobi Fairley and Associates LLC and T. Lamarr Interiors dba Tobi Fairley Interior Design)

Introduction

Thank you for visiting TobiFairley.com, a website operated by Tobi Fairley and Associates LLC and T. Lamarr Interiors dba Tobi Fairley Interior Design (“Tobi Fairly & Associates,” “we,” “our” or “us”). The following Terms and Conditions (“Terms”) explain the agreement you make with us when you access and use this or any of our affiliated websites or mobile applications, using any of our live or digital services, or communicating with us in person, on the phone, or electronically (collectively, the “Services”).

  1. Updates to these Terms and Conditions

These Terms were most recently updated on April 29, 2016. We may, from time to time, update or modify these Terms without prior notice. We will post those changes here in a revised version of Terms and Conditions, noting the most recent date of any changes. By visiting TobiFairley.com or any of our affiliated websites, using any of our live or digital services, or communicating with us in person, on the phone, or electronically, you agree to the most recent version of these Terms. If we believe in our sole discretion that a revision is material, we may also notify you by e-mail.

  1. Your Eligibility and Obligations

By using the Services, you represent that you are authorized and able to do so. If you use our Services on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. You agree not to provide false information, or use a name or post any content anywhere on the Services that is disparaging, offensive, unauthorized, or otherwise unlawful.

If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Services, including financial responsibility. Persons under 13 years old may not use the Services. If we receive credible notice that a user is under 13 years old, we will automatically remove the account associated with that user and delete all information about and from that user from the Services.

You agree that we will not be liable, and you will indemnify, hold harmless and reimburse us for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and conditions set out herein.

  1. Shipping and Delivery

Estimated shipping times may be found on each product page. These estimates are subject to product availability and typical order processing times, which may vary. If we become aware of circumstances that could cause a significant delay to your estimated shipment date before commencing any custom work on your order, we will contact you with the option to cancel your order.

  1. Pricing
    The prices displayed on our website may differ from prices that are available through our in-person consultations or catalogs. Website prices will be displayed in U.S. Dollars.
  2. Return Policy

There are no revisions allowed for Inbox Interiors (see agreement for Inbox Interiors), and there is a no refunds policy for events. In the event of an emergency that prevents your attendance, we will extend a credit that can be applied to a future Tobi Fairley event or used on other Tobi Fairley products. Mastermind events are covered by the Mastermind agreement.

  1. Intellectual Property

All of the content on the Tobi Fairley & Associates websites, mobile applications, and other publications (our “Content”), including but not limited to images, illustrations, graphics, layout, audio files, video files, and text, is the exclusive property of Tobi Fairley & Associates, one of our affiliates, or third parties who have licensed or assigned their rights, interests or materials to Tobi Fairley & Associates, and is subject to trademark, service mark, trade dress, copyright or other intellectual property rights or licenses. Our Content, including the entire TobiFairley.com website, is subject to copyright under U.S. and international copyright laws. Specifically, Tobi Fairley & Associates owns the copyright in the selection, design, arrangement and enhancement of our websites.

As a user of our Content, including the TobiFairley.com website, you may download, print and store selected portions of the Content provided that, unless we specifically authorize in writing otherwise:

  • such use is only for your own personal and non-commercial use,
  • you may not publish, distribute, make available to the public, or retransmit the Content on any digital network, or broadcast the Content in any media or in any form or format,
  • you may not delete or change any copyright or trademark notice, and
  • in all circumstances, you must properly credit any intellectual property rights to Tobi Fairley & Associates.

No right, title or interest in any Content are transferred to you as a result of any such downloading, printing, or storing. Tobi Fairley & Associates reserves complete title and full intellectual property rights in any Content you download from this website.

Tobi Fairley & Associates may provide the ability for you to post comments and to upload or submit your own images or other content on this and our other public websites and services (“your posted content”). If you choose to do so, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, copy, modify, translate, publish, display, perform, distribute, transfer, and sublicense your posted content for any purpose and in any and all media or distribution methods (now known or later developed).

By using the Services you agree that you will not be entitled to any compensation for your posted content, from Tobi Fairley & Associates or third parties who partner with us, including for promotional or commercial uses.

You agree that this license includes the right for us to promote and improve the Services by any action, including promotional or commercial uses, and to make your posted content available to certain third parties that partner with us. We may modify or adapt your posted content in order to transmit, display or distribute it in various media, networks, forms and devices.

By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Services, and to grant the licenses given to Tobi Fairley & Associates in these Terms.

Tobi Fairley & Associates reserves the right in its sole discretion to remove your posted content due to alleged violation of the intellectual property or other interests of ours or third parties, without prior notice or liability to you.

You agree that Tobi Fairley & Associates will not be liable, and you will indemnify, hold harmless and reimburse us for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above. Failure to comply with any of the terms and obligations set out in this section will be a breach of these Terms and may result in termination of services to you and prosecution for damages.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to the Copyright Agent designated below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is found on the website.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  1. Termination

You may end your use of our Services at any time for any reason by discontinuing your use of the Services. Additional terms regarding the termination of your use of the Services may apply in the case of certain Tobi Fairley & Associates services such as subscriptions or limited-duration offers, and you should refer to our agreements with you in connection with those services for further details.

We may suspend or terminate your accounts (or stop providing you with all or part of the Services) at any time for any reason, including, but not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for Tobi Fairley & Associates; or (iii) the Services are no longer commercially viable.

In the case of any suspension or termination of your use of our Services, these Terms and Conditions and our Privacy Policy will continue to be in full force and effect.

  1. Disclaimers and Limitations of Liability

This section limits the liability of Tobi Fairley & Associates and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors. BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.

  1. The Services are Available “AS-IS”

To the maximum extent permitted under applicable law, TOBI FAIRLEY & ASSOCIATES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. TOBI FAIRLEY & ASSOCIATES DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.

Tobi Fairley & Associates makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, security or reliability of the Services or any online services linked to our websites or mobile applications; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms and Conditions. No advice or information, whether oral or written, obtained from Tobi Fairley & Associates or through the Services, will create any warranty not expressly made in these Terms and Conditions.

  1. External Links

We may provide external links from this website to outside services and resources for your convenience. Tobi Fairley & Associates is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by Tobi Fairley & Associates of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.

  1. Third-Party Providers and Partners

Tobi Fairley & Associates may rely on third-party providers and partners for parts of the Services, including, but not limited to, product manufacturing, shipping, and delivery. You acknowledge and agree that Tobi Fairley & Associates is not responsible or liable for: (i) the availability, functionality or accuracy of the parts of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from third-party providers and partners. Upon your written request, we will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Services.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOBI FAIRLEY & ASSOCIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT TOBI FAIRLEY & ASSOCIATES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

  1. Indemnification

By using the Services, you agree to indemnify, hold harmless and reimburse Tobi Fairley & Associates and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by Tobi Fairley & Associates. Tobi Fairley & Associates reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with Tobi Fairley & Associates in the defense.

General Terms

  1. Waiver and Severability

The failure of Tobi Fairley & Associates to enforce any right or term of these Terms and Conditions will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms and Conditions will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.

  1. Controlling Law and Jurisdiction

These Terms and Conditions and any dispute related to them will be governed by the laws of Arkansas without regard to conflicts of law principles. Subject to the dispute resolution terms set out below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Little Rock, Pulaski County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.

  1. Dispute Resolution

You agree that you will notify Tobi Fairley & Associates in writing of any dispute or problem related to the Services. Tobi Fairley & Associates will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: Tobi Fairley & Associates, Inc., Attn: Dispute; 5507 Ranch Drive, Suite 103; Little Rock, Arkansas 72223.

Any dispute arising from or relating to the subject matter of these Terms and Conditions that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Little Rock, Pulaski County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.

  1. Consent to Electronic Communication

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address you provide to us and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from Tobi Fairley & Associates will be deemed effective when sent to the email address associated with your account or when posted publicly on the Services.

  1. Entire Agreement

These Terms and Conditions and the Privacy Policy are the entire and exclusive agreement between Tobi Fairley & Associates and you about the Services. These Terms supersede and replace any other or prior agreements between Tobi Fairley & Associates and you about the Services. Other than users of the group of companies of which Tobi Fairley & Associates, LLC, is the parent, no other person or company will be third party beneficiaries of the Terms.

If these Terms and Conditions conflict with any other documents, these Terms and Conditions will control.

These Services are operated and provided by Tobi Fairley & Associates, LLC; 5507 Ranch Drive, Suite 103; Little Rock, Arkansas 72223. If you have any questions about the Terms and Conditions, please contact us at info@tobifairley.com.

By registering for or using the Services in any manner, including but not limited to visiting or browsing Tobi Fairley & Associates websites or mobile applications, you agree to and will be bound by all of the terms and conditions contained in these Terms and Conditions, and all additional terms, conditions, rules, policies and/or procedures that may be published by Tobi Fairley & Associates from time to time on the Services, each of which is incorporated by reference and may be updated by Tobi Fairley & Associates at any time without notice to you. These Terms and Conditions apply to all users of the Services without exception.

Effective: April 29, 2016