Terms of Use



The following terms and conditions govern all use of the Sarah Daft Home website and all content, services and products available at or through the website (taken as a whole, the "Website"). The Website is owned and operated by Sarah Daft Home ("sarahdafthome.org"). The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, but not limited to, our Privacy Policy) and procedures that may be published from time to time on this Site by sarahdafthome.org (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by sarahdafthome.org, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Intellectual Property

This Agreement does not transfer from sarahdafthome.org to You any sarahdafthome.org or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with sarahdafthome.org. sarahdafthome.org, the Sarah Daft Home logo, and all other trademarks, service marks, graphics and logos used in connection with sarahdafthome.org, or the Website are trademarks or registered trademarks of sarahdafthome.org or sarahdafthome.org's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any sarahdafthome.org or third-party trademarks.

Changes

sarahdafthome.org reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. sarahdafthome.org may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

sarahdafthome.org may terminate your access to all or any part of the Website, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from sarahdafthome.org's notice to you thereof. sarahdafthome.org may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event will sarahdafthome.org, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to sarahdafthome.org under this agreement during the three (3) month period prior to the cause of action. sarahdafthome.org shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the sarahdafthome.org Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless sarahdafthome.org, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between sarahdafthome.org and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of sarahdafthome.org, or by the posting by sarahdafthome.org of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake City, Utah. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; sarahdafthome.org may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Disclaimer of Warranties

The Website is provided "as is". sarahdafthome.org hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. sarahdafthome.org is also not responsible for information appearing on third-party websites that sarahdafthome.org links to. sarahdafthome.org makes NO warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.