Inspiráh's Terms of Use
Updated November 24, 2024
These Terms of Use outline your rights and responsibilities regarding any transactions you engage in on this website, as well as your general use of this website. To settle disputes, these terms mandate individual arbitration, explicitly excluding class actions or joining cases. It is essential that you fully understand and accept these terms before proceeding with any transactions. You must consent to these terms without reservation, be 18 years of age or older, and be legally permitted to use this site and its offerings to order or access products or services from this website.
- Applicability of Terms of Use: The “Terms and Conditions” or “Terms of Use” outlined here will govern your purchase of products from www.inspirahdesigns.com (the “Site”), as well as your overall use of the Site. Visionary Enterprises, LLC d/b/a Inspiráh (“Company,” “we,” “us,” or “our”) reserves the right to modify these Terms at any time without prior notice, with updates being posted directly on the Site. The latest version of these Terms will always be accessible for you to review on the Site. Before you make any transactions on the Site, please ensure you have read and understood these Terms completely. By continuing to use the Site after new Terms have been posted (which will be marked with the date of the latest update), you are acknowledging and consenting to the changes made. Additionally, we recommend that you familiarize yourself with our Privacy Policy before navigating our Site or placing an order for products through it.
These Terms of Use, together with all referenced Company policies and the Privacy Policy, forms the complete and exclusive understanding and agreement between you and the Company, replacing any previous agreements, statements, guarantees, and understandings regarding the Site, its content, and the services or products offered through the Site. Any terms you include in any purchase orders or other documents are explicitly not part of our agreement. Changes to these Terms of Use will only be effective if they are in writing and signed by both you and an authorized representative of the Company. The Company may modify these Terms of Use at any time without direct notification to you. You are advised to review the most current version of these Terms of Use on the Site before using it. - Site Use and Content. You are not allowed to use, alter, copy, print, exhibit, replicate, disseminate, or publish any content from the Site without the explicit, prior written permission of the Company.
- Online Orders: By placing an order on our Site, you are making a proposal to buy the selected products. We hold the authority to either approve or decline your order based on our judgment. If we choose to accept your order, it will be acknowledged in full, without partial acceptance. If your offer is accepted, you will be notified through a confirmation email sent to the email address you provided. However, even after sending a confirmation email, we retain the right to cancel any order at our discretion.
- Payment Terms: Prices for all goods and services available on the Site are clearly listed next to the items. We reserve the right to modify these prices at our discretion at any time. In cases where we provide a promotional offer for a specific item, the details of that promotion will be outlined in a separate document (such as an email or on the Site) which will then take precedence over this one should there be any discrepancies. We also hold the right to amend any mistakes, inaccuracies, or omissions whenever they occur and to void any orders that result from such errors. When you complete a transaction, you are obliged to pay the listed prices along with any applicable taxes (such as sales, use, excise taxes) and additional charges for shipping and handling. Payments must be made using a valid credit or debit card or your PayPal account. By choosing to pay with any such method, you affirm that you have the legal right and authority to make the purchase in the chosen manner without breaching any laws, rules, or regulations.
- Shipping Information: We, or our service providers, are responsible for sending your confirmed order to the delivery address you specify during the ordering process. You will bear the cost of all shipping and handling fees as stated on the Site at checkout. Although we commit to making a reasonable effort to adhere to the shipping and delivery schedules stated on the site, we cannot be held accountable for any shipment delays. Ownership and the risk of loss will transfer to you once the items are delivered.
- Returns/Replacements: All sales are final unless there is a defect or a misprint. If you believe you have a defect or misprint, please email us at support@inspirahdesigns.com with a photograph and description of the issue within seven (7) days of your receipt of the product. Once we confirm the defect or misprint, you will receive a replacement at no cost to you. There are no returns allowed.
- Privacy Policy and Website Terms of Use: We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site. The Privacy Policy is subject to these Terms.
- Buyer Representations and Warranties. You represent and warrant to us that you possess the legal authority to engage in any transaction with us via the Site without breaching these Terms, any applicable laws, regulations, or infringing on any agreements with or rights of third parties.
- WARRANTY AND COMPANY’S DISCLAIMERS: We do not directly manufacture or have any control over the manufacture of any of the products listed on our Site. Therefore, in accordance with applicable law, we offer these products and services to you “as is,” without any explicit or implied guarantees whatsoever. This includes, but is not limited to, any (i) warranty of merchantability; (ii) warranty that the product or service is suitable for a particular purpose; (iii) warranty of title; or (iv) warranty against violations of any third party’s intellectual property rights, whether established by law, past business interactions, performance, customary practice, or otherwise.
- LIMITATION OF LIABILITY: In no event shall we be liable to you or any third party for any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenue or diminution in value, arising out of or relating to any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. Our sole and exclusive liability for any reason and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you to us under these terms for the products and services you have ordered through the site in the six (6) months immediately preceding the claim. This limitation of liability shall not apply in the event of our gross negligence or willful misconduct.
- Third Party Content
We may offer hyperlinks to websites operated by third parties, or we might display third-party content on the Site through framing or other methods. These third-party website links are provided solely for your convenience and information. We do not control the content on these linked websites and we are not responsible for what they contain, including any subsequent links that may be found within a third-party website. Should you choose to visit any of the third-party websites linked from our Site, you do so at your own risk.
When a third-party links to the Site, it does not necessarily mean that there is an endorsement, approval, sponsorship, association, joint venture, or partnership with or by the Company. Often, we may not even be aware that a third party has established a link to the Site. A website that links to our Site should: (i) link to but not replicate the content; (ii) not create a browser or border environment around the content; (iii) not falsely suggest that the Company endorses it or its products; (iv) not falsely represent a relationship with the Company; (v) not provide incorrect or deceptive information about the Company’s products or services; and (vi) include only content that is suitable for all ages and free from anything that could be seen as unpleasant, offensive, or controversial. - Copyright and Trademarks. The trademarks, service marks, and logos displayed on the Site are owned by the Company, whether they are registered or not. The Company holds the copyright or is the licensed holder of all the text and graphics on the Site. Any trademarks and service marks of the Company mentioned on the Site belong to the Company. Trademarks and service marks belonging to other parties mentioned on the Site are owned by their respective holders. The content on the Site does not imply that anyone is allowed to use any trademarks or service marks of the Company without obtaining prior written consent from the Company, which must be formally requested and provided in writing by an authorized representative of the Company. The Company vigorously protects its intellectual property rights. The Company’s name or any of its trademarks, service marks, or copyrighted content may not be used in any manner, including but not limited to advertising, hyperlinks, publicity, or promotional materials related to the Site or otherwise, without explicit written permission from the Company. If you suspect that any material on the Site infringes on your intellectual property rights, please reach out to the Company using the contact information provided at the end of these Terms of Use.
- User Submissions. Any comments, feedback, postcards, suggestions, ideas, images, photos, video clips, audio clips, graphics, tags, data, materials, information, and other contributions that you share with the Company or associate with hashtags or photo tags provided by the Company, whether through this Site or in connection with your use of this Site (‘User Content’), will become and stay the property of the Company. By sharing, submitting, or offering any User Content, you are granting a worldwide, irrevocable, royalty-free, transferrable and perpetual license to the Company. As a result, the Company will possess all such rights and interests and will not be restricted in its use or adaptation of the User Content for any purpose, commercial or otherwise. The Company has no obligation to (1) keep any User Content confidential; (2) compensate users for any User Content; (3) credit users for their User Content; or (4) respond to any User Content. You confirm that any User Content you submit to the Site will not infringe on any third party’s rights, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, you agree that the User Content you provide will not be libelous, illegal, abusive, obscene, or otherwise inappropriate as determined by the Company. You alone are responsible for any User Content you contribute to the Site. You consent to the Company using and disclosing information regarding your demographics and your usage of the Site in ways that do not disclose your identity. By taking part in Site contests, promotions, or requesting promotional information or product updates, you agree that the Company can use your information for marketing and promotional purposes.
- Force Majeure. The Company will not be liable for any delays or failure to perform due to circumstances or causes that are outside of its reasonable control. This includes, but is not limited to, events such as war, civil unrest, adverse weather conditions, strikes, floods, lockouts, fires, earthquakes, acts of God, terrorism, pandemics or epidemics, as well as delays, non-performance, or failures by delivery services, vendors, suppliers, or any other third parties that are beyond the Company’s control and could not have been reasonably anticipated or avoided.
- Third-Party Beneficiaries: The provisions of these Terms are intended solely for your benefit. Nothing stated or implied in these Terms is designed to grant any rights, benefits, or remedies of any kind to any other person or entity under these Terms of Use.
- Assignment: The Company reserves the right to assign or transfer any or all of its rights and obligations under these Terms, in whole or in part, to any third party at its own discretion. You are not permitted to assign any of your rights or delegate any of your obligations under these Terms without obtaining our express written consent for each instance. Any attempt to do so without such consent will be considered null and void.
- Severability: Should any section or part of these Terms be found invalid, illegal, or unenforceable, the rest of these Terms of Use shall remain valid and enforceable, continuing with full effect.
- Notices and Electronic Communications. Unless specified otherwise, any notices you need to send to the Company should be emailed to admin@inspirahdesigns.com. When it comes to notices the Company needs to send to you, you agree to accept such communications either through announcements made on the Site, emails sent to the address you have provided to the Company, or letters mailed to the billing address in your profile. You acknowledge that all contracts, notices, disclosures, and other forms of communication that the Company sends to you as described above meet any legal requirements that such documents be in writing under these Terms. Notice is considered delivered (i) 24 hours after an email is sent or a notice is posted on the Site, unless the sender is informed that the email did not reach its destination, or (ii) three (3) days after the date of mailing, for mailed notices. You also agree that a printed version of these Terms or any electronically provided notice is valid and can be used in legal or administrative proceedings related to these Terms of Use, under the same conditions as other business documents and records originally produced and kept in printed form.
- Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by email at admin@inspirahdesigns.com.
- Applicable Law and Venue. To the extent that the law allows, these Terms of Use are to be governed by and construed entirely in line with the substantive laws of Washington State, U.S.A., without taking into account its conflict of law principles. Within the bounds of the law, the state and federal courts situated in Tacoma, Washington, will have sole jurisdiction over any disputes or legal proceedings between you and the Company that are not subject to arbitration or qualify for small claims court, as well as over any actions seeking temporary or preliminary legal remedies. Both you and the Company (i) willingly and unconditionally consent to and submit to the personal jurisdiction and venue of the courts in Tacoma, Washington, with the appropriate jurisdiction over the subject matter, and (ii) renounce any objections to such venue or claims of not being personally under such jurisdiction, or attempts to alter the venue, and agree not to initiate any related legal actions or proceedings in any other court.
- Mandatory Pre-Dispute Resolution Process. To the fullest extent allowed by law, both you and the Company agree to forgo the right to initiate any claim related to the Terms, Privacy Policy, or the Site (including purchases made through inspirahdesigns.com) in any venue unless the party intending to make a claim notifies the other party of the dispute within one (1) year from when it happened. This notification must be sent via certified U.S. Mail, UPS, or FedEx with signature confirmation required, or if the other party has not provided a current physical address, then by email. The address to send notices to the Company is: admin@inspirahdesigns.com.
The written notice (“Notice of Dispute”) must (a) clearly outline the nature and grounds of the claim or disagreement, and (b) detail the specific resolution being sought. If you are the one initiating the Notice of Dispute, it needs to be personally signed by you, or by a representative of the Company if we are initiating it. Your full legal name must be provided. The Company is required to send any such Notice of Dispute to your email address that is on record with us. Both the Company and you agree to try to settle the dispute through reasonable, good-faith discussions and negotiations within sixty (60) days from when the Notice of Dispute is received, or for a longer period if both parties consent. Neither you nor the Company can start an arbitration or small claims action before the end of the sixty-day period, or without fully adhering to the steps outlined in this Section 22, known as the “Mandatory Pre-Dispute Resolution Process.” You acknowledge that either you or the Company may request interim or preliminary relief from a court in Tacoma, Washington, if necessary to protect rights while the Mandatory Pre-Dispute Resolution Process is underway. If there’s a question about the adequacy of a Notice of Dispute or adherence to this Mandatory Pre-dispute Resolution Process, it can be determined by a competent court in Tacoma, Washington, chosen by either party, and any formal dispute resolution proceedings will be paused. This court has the power to enforce this prerequisite to arbitration, including the authority to prevent the initiation or continuation of an arbitration demand. Despite this, either party retains the right to point out non-compliance with this prerequisite and seek related damages during arbitration. Any relevant time limits, including statutes of limitations, and deadlines for filing fees will be suspended while you and the Company engage in the Mandatory Pre-dispute Resolution Process.
- Class Action Waiver. Any legal proceedings to resolve, arbitrate, or litigate a dispute will be carried out strictly on an individual basis. Neither you nor the Company will seek for any dispute to be heard as a class action, nor in any proceeding where one party acts or proposes to act on behalf of a group. No arbitration or legal proceeding will be merged with another without the explicit written agreement from all parties involved in all the arbitrations or proceedings that would be affected.
- Mediation. Following the Mandatory Pre-dispute Resolution Process, you have the option to request a “Non-Binding Mediation Demand” to engage in a virtual/online/telephonic mediation session against us. We will select and pay for a mediator from the certified mediators listed by the Washington State Administrative Office of the Courts. The mediation session will not exceed three hours unless both parties mutually agree to extend it.
- Small Claims Court. Any dispute arising directly or indirectly from these Terms of Use or the Site (including purchases made through inspirahdesigns.com) may be filed individually in the applicable court in Tacoma, Washington. If you are located out-of-state, we consent to your participation via video and/or telephone. These disputes must stay within the small claims court and cannot be transferred or appealed to a higher court. The party initiating the small claims court action must provide the court with a signed certification of compliance with the Mandatory Pre-Dispute Resolution Process outlined in Section 22. This certification must be personally signed by the initiating party (and their lawyer, if represented).
- Arbitration Agreement. You consent that any disputes arising directly or indirectly from these Terms of Use (including all its sections) or the Site (including purchases made via inspirahdesigns.com) that are not resolved through the Mandatory Pre-Dispute Resolution Process detailed in Section 22 will be settled exclusively by final and binding arbitration, overseen by National Arbitration and Mediation (“NAM”). The arbitration will occur in Tacoma, Washington, or via virtual/telephonic hearing for your convenience. Unless altered by these Terms of Use, NAM will conduct the arbitration according to its Comprehensive Dispute Resolution Rules and Procedures and/or Mass Filing Supplementary Dispute Resolution Rules and Procedures, as applicable (the “NAM Rules”), which can be found at www.namadr.com. If NAM is unable or unwilling to manage the arbitration per these Terms of Use, both parties will select an alternative administrator that will. Should they fail to agree on one, they will request a competent court in Tacoma, Washington, to appoint one.
The party initiating arbitration must personally sign the demand for arbitration (along with their counsel, if represented), certifying compliance with the Mandatory Pre-Dispute Resolution Process in Section 22 and affirming that the claims and relief sought comply with Federal Rule of Civil Procedure 11(b), ensuring they are not frivolous or for improper purposes. The arbitrator has the power to grant relief or impose sanctions as a court could under Federal Rule of Civil Procedure 11 or relevant federal or state law.
Any arbitration award will be limited to monetary damages without injunctions or orders other than the payment of money. Moreover, the arbitrator(s) cannot award punitive, consequential, or other damages not based on the prevailing party’s actual damages, except as required by law. For injunctive relief, a party may seek it from a competent court in Tacoma, Washington.
Opt-Out: If you prefer not to settle disputes through binding arbitration, you can opt out of this Section 26 within thirty (30) days after first agreeing to these Terms of Use by sending a letter to us at admin@inspirahdesigns.com, including your full legal name, email address, and a statement indicating your desire to opt out (“Opt-Out Notice”). Upon receipt of the Opt-Out Notice by the Company, this Section 26 becomes void, leaving the rest of these Terms of Use unaffected. These Terms of Use do not prevent you or the Company from participating in a mass settlement of claims, including class-action settlements.
If there are future changes to the arbitration provisions of this Section 26 (except for a change in notice address), you can reject such changes by sending a letter within 30 days after the change to the same address, specifying your full legal name, email address, and a statement that you wish to opt out of the changes (“Change Opt-Out Notice”). Receipt of your Change Opt-Out Notice by the Company will void the changes for you, but you remain bound by the previous arbitration agreement you accepted. This is not an opt-out of arbitration altogether.The arbitration terms in this Section 26 also apply to any claims you make against any current or future parent, subsidiary, or affiliate of the Company related to your use of the Site or content or technology provided on or through the Site.
BY AGREEING TO ARBITRATE DISPUTES AS STATED HEREIN, YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT ACCEPT THESE ARBITRATION TERMS.
- Cookie Policy. Please visit our Privacy Policy https://inspirahdesigns.com/policies/privacy-policy.
- No Waivers. The failure by us to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of the Company.
- DMCA. The Company complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the Company’s designated agent via email at admin@inspirahdesigns.com.
OUR CONSENT TO THIS AGREEMENT
By using the Site, you agree to comply with and be legally bound by the terms outlined in these Terms. Should we update these Terms, we will aim to post the changes on the Site so that you are always informed about the rules governing your use of the Site and/or User Account. If you continue to use the Site and/or User Account after these Terms have been modified, it will indicate that you accept and agree to the updated terms.
If you have any further questions, comments, or if you notice anything on the Site that seems inappropriate, please bring it to our attention by reaching out to us at: admin@inspirahdesigns.com.
