TERMS OF USE

Last Updated: 9/1/2016

Welcome to Colton Lane (“CL”).  These Terms of Use (“Terms”) apply to your access and use of CL websites, mobile applications and additional CL Services (collectively, the “Services”) of Perfect Haus, LLC and our subsidiaries and affiliates (collectively, “Colton Lane,” “CL” “we” or “us”) and your purchase of products and or services from us.  By using and shopping via Colton Lane website(s), Colton Lane mobile services, Colton Lane telephone ordering and interactive voice services, Colton Lane software applications that you download, and other websites and existing or future services including CL Connect that expressly incorporate these Terms (“Colton Lane Services”), you accept and agree to be bound by these Terms and all Terms incorporated herein by reference.  In some instances, a particular Colton Lane Service or a product purchased through the Colton Lane Services may be subject to additional policies, guidelines, terms, and/or agreements (“Policies”).  In the event that such Policies are inconsistent with these Terms, the Terms shall govern.

Please read these Terms carefully.  If you do not wish to be bound by these Terms, including the mandatory arbitration provision and class action waiver, do not access or use the CL website or CL Services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and such entity agrees to be responsible if you or such entity violates these Terms.

Applicable Laws

Colton Lane makes no representation that Colton Lane content or CL Services are appropriate or available for use in locations other than in the United States, and access to Colton Lane or CL Services from territories where their content is illegal is prohibited.  Access of Colton Lane or CL Services outside the United States are responsible for compliance with applicable local laws. You may not use or export the content included in any Colton Lane or CL Service in violation of U.S. export laws and regulations.

Eligibility

When you use Colton Lane 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 Colton Lane Website or CL Connect. 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. Colton Lane sells 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 Colton Lane Services only with the involvement of a parent or guardian. Colton Lane 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 Colton Lane Services.   In the event that Colton Lane denies you access to one or more Colton Lane Services, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such termination.

Change of Terms

Colton Lane may, at its sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Colton Lane may give by any means, including, without limitation, by posting the revised Terms on the Colton Lane Website or through CL Services or by amending the Last Updated Date above.  By continuing to access or use the CL website, CL Connect, or CL Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your continued acceptance of the revised terms. You are responsible for reviewing the Colton Lane Terms for any modifications that may affect your rights or obligations and we encourage you to review these Terms frequently to ensure that you understand the Terms of Use that apply.

Privacy

Please refer to CL’s Privacy Policy concerning how CL collects, uses or discloses information about you.

Orders & Pricing

All prices are shown in U.S dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and CL reserves the right to impose quantity limits on any order, cancel all or any part of an order, and or discontinue products and services without notice, even after an order has already been placed. All prices are subject to change without prior notice. Inadvertent errors in advertised prices are not binding on Colton Lane, and may be adjusted by Colton Lane at 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.

Payments & Cancellations

You represent and warrant that you are authorized to use the payment method designated by you and that you authorize CL and or our third party processor to charge your payment for the total amount of your purchase including applicable taxes and other charges. Intended payments that cannot be verified or confirmed will result in cancellation of your order if not dealt with by you in a prompt manner. You accept that the amount billed may vary due to promotions, changes to your order, or changes in applicable taxes or other charges, and you authorize CL and our third party payment processor to charge your payment method for the corresponding amount. Cancel or change orders within 1 hour of completing your purchase by contacting CL customer service at [email protected] or toll free 855-997-7977.

Shipping

CL may not be able to ship to your location. Contact CL customer service at [email protected] or 855-997-7977 for details. You agree to pay any and all shipping and handling charges listed at the time of purchase from CL as indicated on your order. CL reserves the right to increase, decrease, add, or eliminate shipping and handling charges on any order, however doing so on one specific order does not necessarily mean that other orders will be treated in a similar manner. Products that are oversize, heavy, fragile, or one of a kind may be delivered by our CL white glove delivery service at an additional cost to you. Please review our CL shipping and Delivery link for additional information concerning white glove delivery details. Please also note that CL ships using warehouses across the entire U.S; as a result, purchases may be split into multiple orders and arrive in multiple shipments from different vendors.

Taxes

Applicable sales tax or use tax where CL has a physical presence are required by law. If we are required to collect sales or use tax, you agree that the amount of tax at checkout may be adjusted to reflect actual sales or use tax as it applies to your purchase, including adjustments in variations between processor programs or changes in tax rates. We are not required nor do we collect sales or use taxes where CL does not have a physical presence, however, you may still owe use tax on products shipped to states where we do not collect same. Please consult your state and local taxing authorities to determine your use tax obligations.

Damages, Returns, Missing Products

Please inspect products upon receipt of your delivery. For shipments showing significant exterior damage, please refuse the shipment and have the carrier return it. If you receive a damaged product, CL will replace the product or refund your purchase price and all shipping charges if CL is notified no later than 14 days following receipt of goods. Requests for a return or refund past 14 days will not be honored by CL unless authorized by CL in writing. Certain products returned to CL within 14 days of receipt in an unused and re-saleable condition and in the original boxing are eligible for a refund less original and return-to CL shipping fees, which will be deducted from your credit. To calculate your credit due, items shipped “free freight” which are returned by you will have the original outbound freight recalculated and added to your inbound CL freight. Note Final sale, Last Call, Custom items, CL services or Broker connect products or services are not eligible for return or refund. Credits for returns accepted by CL will be issued a refund to the original method of payment. Cl shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from 1) Weather conditions or elements of nature or acts of God; 2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; 3) quarantines or embargoes; 4) labor strikes, or 5) other causes beyond the reasonable control of Colton Lane. In the event that CL is temporarily unable to ship you a purchased item because of such an event, CL will give you the option of deferring shipment or receiving a refund of your charges.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the CL Website or CL Services or through any third-party connections, including but not limited to CL Connect, Facebook, Twitter, Instagram, Pinterest and YouTube. You agree that you will abide by these Terms and will not:

License

Copyright of content on the Colton Lane web site is owned by Colton Lane. You are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use this material only for personal, non-commercial purposes. CL does not give the right to 1) sell, resell, or commercially use the website content or services unless prior written approval is granted, 2) distribute, reproduce, publicly display any CL content, 3) modify or otherwise make any derivate use of CL content, or any portion thereof, or 4) display any CL content with any obscene, explicit, indecent or infringing materials or information. Nothing contained in the Colton Lane web site or CL Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed without the written permission of Colton Lane or any third party that may own such trademarks or service marks. Colton Lane will aggressively enforce its intellectual property rights to the fullest extent of the law. This license is revocable at any time.

Submissions

For all of the content that you post or submit to Colton Lane, you grant Colton Lane 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 in any media. You grant Colton Lane 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 Terms and will not cause injury to any person or entity, and that you will indemnify Colton Lane for all claims resulting from any content that you supply. Colton Lane has the right but not the obligation to monitor, edit, or remove any content. Colton Lane takes no responsibility and assumes no liability for any content posted by you or by any third party.

Trademarks

“Colton Lane” and the Colton Lane logo, slogans, and service names are trademarks of Colton Lane and may not be copied, imitated or used, in whole or in part, including metatags or “hidden text” using “Colton Lane”, without prior written approval by CL. The look and feel of the CL website, products and services, including, without limitation, all page headers, custom graphics, icons, and scripts are a service mark, trademark, or trade dress of Colton Lane and may not be copied, imitated or used, in whole or in part, without prior written approval from CL. All other trademarks, registered trademarks, product service names, company names and or logos shown by CL are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder.

Third Party Content and Services

Links to CL Connect and other Internet sites and services operated by third parties, including Colton Lane vendors, do not constitute sponsorship, endorsement, or approval by Colton Lane of the content, policies, or practices of such linked sites or services. Colton Lane 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. CL makes no representations or warranties of any kind regarding such Third Party Content and you acknowledge and agree that your interactions with third parties are solely between you and such third parties and that CL is not responsible or liable in any manner.

Electronic Communications

When you access or use the Colton Lane web site, CL Connect, or CL Services, send e-mails and or receive electronic communications from Colton Lane, CL Connect. or CL Services, you agree and consent to electronic communications with Colton Lane. Colton Lane may communicate with you by e-mail or by posting notices on one or more of the Colton Lane Services. You agree that all notices, disclosures, agreements, policies, and other communications that Colton Lane provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

The Colton Lane website and CL Services may be accessible through your mobile phone or other mobile device, including but not limited to viewing product, placing orders, receiving and replying to messages, and accessing certain other features (collectively, the “Mobile Services”).  Colton Lane does not charge for Mobile Services.  However, when you access, use, transmit, or receive CL content through your designated mobile service provider, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier, and further agree and confirm that Colton Lane, its parent companies, or any of its corporate affiliates or subsidiaries will not be liable for any mobile, access or other related charges, including 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 CL Mobile Services may work with your device. You are responsible for confirming with your service provider whether CL 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. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your CL account information to ensure that the messages Colton Lane intends to send to you are not sent to another person.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MATERIAL CONTAINED IN THE COLTON LANE WEBSITE OR CL SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, COLTON LANE 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 COLTON LANE WEBSITE OR CL 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.

COLTON LANE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED, 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, IF ANY.

UNDER NO CIRCUMSTANCES WILL COLTON LANE OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING COLTON LANE PRODUCTS AND OR 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 COLTON LANE WEBSITE OR CL 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 COLTON LANE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COLTON LANE DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COLTON LANE WEBSITE OR CL SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COLTON LANE SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL COLTON LANE 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 COLTON LANE WEBSITE OR CL SERVICES, EVEN IF COLTON LANE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLTON LANE’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.

Indemnification

You agree to defend, indemnify, and hold harmless Colton Lane 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 Terms or your access to or use of the Colton Lane website, CL Connect or CL Services.

Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COLTON LANE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Colton Lane has designated an agent to receive notification of alleged copyright infringement occurring on the Colton Lane website or CL Services:

Will Logan
marcus&boxerman
20 North Clark Street, Suite #2500
Chicago, Illinois  60602
Direct: (312)216-2732
www.marcusboxerman.com

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Colton Lane to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Colton Lane of an alleged copyright infringement, you should:

Colton Lane may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Terms contain the entire understanding of you and Colton Lane with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Colton Lane with respect to the subject matter hereof.  The failure of Colton Lane at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Colton Lane to thereafter enforce each and every provision of these Terms.   No waiver by Colton Lane of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach.  If any provision of these Terms 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 Terms, 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 Terms.  These Terms will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflict of laws principles.  Any suit brought under or in connection with these Terms may be brought only in the courts of the State of Illinois, Cook County, and Colton Lane and you consent to the personal jurisdiction and venue of such courts.


Notice to Realtors, Agents, Brokers, Financial Services regarding RESPA:

Disclaimer

In no event shall Colton Lane be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or loss or damage whatsoever arising from the failure of any other party or parties to fulfill requirements to disclose the existing business relationships, financial relationships, or other benefits conferred on or by those parties that the client is financially or otherwise responsible for, if any, as a result of their relationship with Colton Lane. Colton Lane is not responsible for and disclaims any liability for any disclosure obligations between parties required to follow the Real Estate Settlement Procedures Act (“RESPA”), or any other federal, state or local statute or law, and the clients those parties directly or indirectly serve. Any financial institution, real estate company, lender, or any other party bound by RESPA is solely responsible for its own compliance and agrees that it shall hold Colton Lane and any of Colton Lane’s owners, employees, agents, suppliers, distributors or anyone working in any capacity for Colton Lane harmless with regard to compliance with RESPA or any other federal, state or local statute or law.

Disclosure

Colton Lane has entered into contractual relationships with parties that are required to comply with the Real Estate Settlement Procedures Act (“RESPA”). Colton Lane does not receive any benefit, financial or otherwise, from the parties required to comply with RESPA exchange for these relationships.