ML Lonergan

Terms of services

TERMS AND CONDITIONS OF USE

INTRODUCTION

THE FOLLOWING LEGAL AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE, WWW.MEGLONGERGAN.COM (“WEBSITE” OR “SITE’) AS WELL AS YOUR PURCHASE OR USE, IF ANY, OF ANY DESIGN SERVICES THAT LESUEUR INTERIORS LLC DBA MEG LONERGAN INTERIORS (“MLI”) MAY PROVIDE TO YOU INCLUDING BUT NOT LIMITED TO “MAIL BY ML” (THE “SERVICES”). Your use and or purchase of the SERVICES, and/or use of this WEBSITE are subject to the terms and conditions set forth below (the “Terms”).

You may not use this WEBSITE or purchase the SERVICES if you do not accept these Terms. To confirm your agreement to such Terms, and be legally bound thereto, you must click to “agree” to the Terms. You agree that when you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You agree to be bound by any affirmation, assent or agreement you transmit through this WEBSITE or the SERVICES you access by computer or other electronic device, including but not limited to any consent you give to receive communications from MLI solely through electronic transmission.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO OR ON THIS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

1. PRIVACY

Please review our Privacy Policy, which also governs your visit to or use of this WEBSITE as well as the SERVICES. ADD LINK TO PRIV POLICY HERE

2. PROVISION OF SERVICES AND WEBSITE

MLI may from time to time change or modify the SERVICES or this WEBSITE. You agree that the form, nature and content of the SERVICES OR SITE may change from time to time without prior notice to you. MLI may at any time or from time to time stop providing the SERVICES OR SITE to you without prior notice. MLI aims to update the SITE regularly, and may change the content at any time. If the need arises, MLI may suspend access to our SITE, or close it indefinitely. You acknowledge and agree that if MLI disables access to your account, you may be prevented from accessing the SITE or SERVICES, your account details or any files or other content contained in your account. MLI will not be liable if for any reason our SITE or SERVICES are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our SITE, or our entire SITE, to users who have registered with us. Any of the material on our SITE may be out of date at any given time, and we are under no obligation to update such material.

3. USE OF THE SITE

You are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account. MLI reserves the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders. If you become aware of any unauthorized use of your account, you agree to immediately notify us.

In order to access the SITE or certain SERVICES, you may be required to provide information about yourself as part of the registration process, or as part of your continued use of the SITE or SERVICES. You agree that any such registration information you give will always be accurate, correct and up to date.

You will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell any portion of the SITE or SERVICES for any purpose, or create any derivative works based on the SITE or SERVICES in any manner. You agree not to access, or attempt to access (a) any account that you are not expressly authorized to access or (b) the SITE or any of the SERVICES through any automated means (including use of scripts or web crawlers); and you agree to comply with the instructions present on the SITE or SERVICES. You agree not to: (a) misuse the SITE or SERVICES by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (b) attempt to gain unauthorized access to our SITE, the server on which our SITE is stored or any server, computer or database connected to our SITE; (c) attack our SITE or SERVICES via a denial-of-service attack or a distributed denial-of-service attack; or (d) exploit the SITE or SERVICES in any unauthorized way whatsoever (including, but not limited to, by trespass or burdening network capacity). The SITE or SERVICES are not available for individuals under 18 years of age.

4. THIRD PARTY PROVIDERS

MLI may, from time to time, provide content, products or links from third parties (each a “Third Party Provider” or collectively “Third Party Providers”). Such content, products and websites are owned by the Third Party Providers. MLI may at any time and from time to time change, add or remove Third Party Providers from the SITE or SERVICES, in its sole discretion and without prior notice to you. MLI has no control over the Third Party Providers, their websites, products or content. MLI does not endorse or evaluate these websites, products or services of any Third Party Provider. MLI is not responsible for examining or evaluating the products, content or accuracy of any Third Party Provider, and MLI does not warrant and will not have any liability or responsibility for any Third Party Provider’s materials, products or websites (or any other materials or services of third parties.)

Without limiting the foregoing, you agree that MLI is not liable and assumes no responsibility whatsoever for any loss or damage which may be suffered by you as a result of:

• your use or purchase of any product or services from any Third Party Provider
• your use of any content and/or website of any Third Party Provider
• the availability, quality or safety (including both design and manufacture) of the products or services offered by any Third Party Provider; and
• the accuracy and thoroughness of the descriptions of any such products or services provided by any Third Party Provider

5. SOCIAL MEDIA ACCOUNTS

As a user of this SITE, you may have the option of granting the SITE access to your accounts with certain social media providers (each such account is referred to as a “Social Media Account”) to enable MLI to make available certain information on such Social Media Accounts (“Social Media Content”).

By granting MLI access to any Social Media Account, you understand that we may access and store (if applicable) your login credentials associated with such Social Media Accounts.

Please note that your relationship with the provider of each Social Media Account is governed by agreements you have with the provider of such Social Media Account and any Social Media Content you post to such Social Media Account or that is held by the provider of such Social Media Account and the storage thereof, is subject to such agreements.

6. INTELLECTUAL PROPERTY

All content included on the SITE and in the SERVICES (including without limitation images, icons, text, graphics, logos, data compilations, software, etc.)(collectively referred to as “Content”) is the property of MLI or its Content suppliers. You agree that you may not copy this Content without the express written authorization of MLI.

You further acknowledge and agree that MLI owns all legal right, title and interest in the SITE or SERVICES, including any intellectual property rights which subsist in the SITE or SERVICES (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree, represent and warrant that you shall not modify, alter, remove or obscure any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the SITE or SERVICES. You agree, represent and warrant that you will not use any of the intellectual property, proprietary information or other materials contained in the SITE or SERVICES in any way whatsoever, except for use of the SITE or SERVICES in compliance with these TERMS.

7. LIMITED LICENSE AND CONTENT SUBMISSIONS

MLI gives you a personal, royalty-free, revocable, non-assignable and non-exclusive license to access and make personal use of the SITE and/or SERVICES. This license is for the sole purpose of enabling you to use the SITE and/or SERVICES as contemplated in these Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use the SITE and/or SERVICES. This license does not include i) any resale or commercial use of this SITE and/or SERVICES; or ii) any downloading or copying of any information, content or material for anyone’s use other than your own; or iii) any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the foregoing, you may not reverse engineer, decompile or otherwise attempt to extract the source code of any of the software utilized by MLI in providing the SITE and/or SERVICES

We may choose from time to time, in our sole discretion, to allow you to post reviews, comments, photos, and other content so long as the content (i) is not illegal, (ii) in MLI’s sole discretion, is not obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and (iii) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

If you do post or share content or material with us, including without limitation “before” and “after” photos, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and full sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant us and our sublicensees the right to use the name that you submit in connection with such content, if desired. You represent and warrant that you own or otherwise control all of the rights to the content that you post or share with us; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content. We have no responsibility and assume no liability for any content posted by you or anyone else.

8. PAYMENTS

You agree that you will pay for all SERVICES you purchase, and that we may charge your credit card, PayPal account or bank account for any SERVICES purchased and for any additional amounts (including any taxes) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD, PAYPAL OR BANK ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, PayPal or bank account you designate during the registration process.

Your total price will include the price of the SERVICES plus any sales tax, if applicable (such sales tax will be based on the bill-to address and the sales tax rate in effect at the time you purchase the SERVICES. We will charge sales tax only in states where we believe it necessary or desirable.).

ALL SALES ARE FINAL, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW IN SECTION 9.

9. REFUNDS

You have the right to cancel your purchase of SERVICES for a full refund (less any applicable PayPal, bank or credit card charges or fees), except that such right shall expire upon the earlier of (i) the seventh (7th) calendar day after the date of purchase, or (ii) the date on which the Company begins receiving your Required Submissions (as defined below). Subject to the foregoing, if you wish to cancel your purchase, you must notify us of your decision to cancel at MailML@meglonergan.com. We will promptly thereafter notify you of your cancellation number.

10. YOUR REQUIRED SUBMISSIONS

You agree that when you accept these Terms and purchase SERVICES, you will submit to us the following (collectively, the “Required Submissions”):

1) The MLI Lifestyle Questionnaire (which we will provide to you after you “accept” this Agreement) so we can better understand your tastes and style;
2) Digital pictures of the room for which you are purchasing SERVICES (we recommend that you include multiple pictures taken from different locations in the room and/or from each door leading into the room, and if possible also include walls, floors, ceiling, windows and furniture);
3) Measurements of the room for which you are purchasing SERVICES (including length, width and ceiling height, and the window dimensions) (“Measurements”);
4) Digital pictures and measurements of any furniture you want to be incorporated into the design; and
5) Four (4) inspirational digital pictures of rooms that contain a style or “look” you admire and are trying to achieve in part of your room (and such pictures may have been taken by you, scanned from magazines, seen on the internet, etc.).

Additionally, you agree if we request additional information regarding the room for which you are purchasing the SERVICES, you will promptly provide any such information. Your failure to do so is i) your forfeiture of all Payments made and ii) your agreement that MLI is no longer legally obligated to provide any SERVICES to you whatsoever.

11. OUR DESIGN SERVICES FOR YOU

If you timely submit all of the Required Submissions, we will thereafter perform the following services for you:

1) We will review your Required Submissions and formulate a design direction.
2) Within four (4) to six (6) weeks after receipt of all of the Required Submissions, we will mail to you a scaled drawing of the room with furniture placement of our design, a digital illustration of the room design, suggested samples (fabric, paint and wallpaper) included in your room design and a design board of the furnishings included in the room design (collectively, the “Room Design”).
3) The Room Design will be posted to your online account (your “studio page”) contemporaneously with the mailing of the Room Design to you, which you can thereafter access through the SITE.
4) From and after we have posted and/or mailed the Room Design to you, we will have no further obligation whatsoever to revise the Room Design.

12. NO GUARANTEE OF SATISFACTION

THERE IS NO GUARANTEE OF SATISFACTION. THE ROOM DESIGN MAY OR MAY NOT BE TO YOUR LIKING. THE ROOM DESIGN IS INTENDED TO PROVIDE CONCEPTUAL DESIGN ASSISTANCE. IT MAY OR MAY NOT BE IN THE SAME STYLE, DESIGN OR COLOR AS OTHER ADJACENT ROOMS. THE FURNITURE INCLUDED IN THE ROOM DESIGN MAY OR MAY NOT BE ABLE TO FIT INTO THE ROOM, BASED ON THE APPLICABLE DOOR AND HALLWAY DIMENSIONS, AND HALLWAY ANGLES LEADING INTO THE SUBJECT ROOM. THE FURNITURE INCLUDED IN THE ROOM DESIGN MAY OR MAY NOT EVEN BE AVAILABLE FOR YOUR PURCHASE. ANY LIGHTING INCLUDED IN THE ROOM DESIGN MAY OR MAY NOT BE VIABLE BASED ON THE TYPE AND LOCATION OF ELECTRICAL WIRING IN THE SUBJECT ROOM, AND MAY REQUIRE THE SERVICES OF AN ELECTRICIAN (AND POSSIBLY A CONTRACTOR) FOR PROPER INSTALLATION (AND YOU ARE SOLELY RESPONSIBLE FOR PAYMENT OF ANY SUCH SERVICES). IN THE EVENT THAT YOU ARE DISSATISFIED WITH ANY PART OF THE ROOM DESIGN OR YOUR INABILITY TO PROCURE ANY FURNITUTRE OR MATERAIL CONTEMPLATED BY THE ROOM DESIGN, YOU ARE NOT ENTITLED TO ANY REFUND OF THE PRICE YOU PAID FOR THE SERVICES OR ANY DAMAGES OF ANY KIND.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE SERVICES.

THE SERVICES, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND SITES OF THIRD PARTY PROVIDERS) ARE PROVIDED BY MLI ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR PURCHASED BY OR FOR YOU WHETHER FROM US OR FROM A THIRD-PARTY.

THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MLI DOES NOT WARRANT THAT THE SERVICES OR THE SITE (OR THOSE OF THIRD PARTY PROVIDERS), INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (OR THOSE OF THIRD PARTY PROVIDERS), THEIR VARIOUS SERVERS OR E-MAIL SENT FROM MLI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MLI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES (INCLUDING THIRD PARTY PROVIDERS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, LOSS OF GOODWILL, HARM TO BUSINESS REPUTATION, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. MLI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM A MERCHANT’S UNWILLINGNESS TO GIVE AN MLI CUSTOMER A DISCOUNT ON THE PURCHASE OF GOODS FROM SUCH MERCHANT.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITING THE FOREGOING, MLI DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (B) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING ON OR THROUGH WEBSITES OPERATED BY ANY THIRD PARTY PROVIDERS) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARISING FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MLI SHALL NOT BE LIABLE TO YOU FOR:

A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF CAUSED BY OUR EXPRESS NEGLIGENCE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1) ANY RELIANCE PLACED BY YOU ON THE ROOM DESIGN, OR THE COMPLETENESS OR ACCURACY OF THE SERVICES AND/OR THE COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY PROVIDER OF GOODS OR SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY PROVIDER;
2) ANY CHANGES WHICH MLI MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3) YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTY PROVIDERS THEREOF MADE AVAILABLE TO YOU THROUGH THE SITE;
4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES OR SITE; OR
5) OUR EXPRESS NEGLIGENCE OR NEGLIGENT CONDUCT.

THE LIMITATIONS ON MLI’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT MLI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

15. RELEASE AND INDEMNITY

IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY PROVIDER, YOU RELEASE US FROM CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL, CONSEQUENTIAL, LOST PROFITS, PUNITIVE, EMOTIONAL OR OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

YOU WILL INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION. MLI RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUBJECT TO INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND SUCH CLAIM. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT MLI’S PRIOR WRITTEN APPROVAL.

16. DISPUTES

The Terms shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of Texas applicable to agreements made and to be performed wholly within such jurisdiction, notwithstanding any choice of law principles, statutes or rules to the contrary.

Any controversy, claim or dispute arising out of or relating in any way to these Terms, the SERVICES or your use or access to this SITE shall be submitted to confidential binding arbitration in Houston, Texas, except that, to the extent you have violated or threatened to violate MLI’s intellectual property rights, MLI may seek injunctive relief in any state or federal court in the state of Texas, and you consent to the exclusive jurisdiction and venue of such courts. Arbitration under these Terms shall be administered by the American Arbitration Association by a single arbitrator pursuant to its prevailing Commercial Arbitration Rules. The Arbitrator must be a Houston trial lawyer with at least twenty (20) years of experience. The Arbitrator shall determine, if necessary, what is subject to arbitration. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by Texas law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise.

If a dispute arises out of or relates to these Terms, the SERVICES or your use or access to this SITE, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a Mediator agreed to by the parties to the dispute before resorting to arbitration.
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17. GENERAL TERMS

Any references to “MLI,” “us,” “our” “Company” or “we” means LESUEUR INTERIORS LLC DBA MEG LONERGAN INTERIORS (AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, JOINT VENTURES, INSURERS OR ANY OTHER AFFILIATE).

These Terms constitute the entire legal agreement between you and MLI and govern your use of the SERVICES or SITE, and completely replace any prior agreements between you and MLI in relation to the SERVICES or SITE. You agree that MLI may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the SITE. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if MLI does not exercise or enforce any legal right or remedy which is contained in these Terms (or which MLI has the benefit of under any applicable law), this will not be taken to be a waiver of MLI’s rights and that those rights or remedies will still be available to MLI.

You acknowledge and agree that any other entities controlled by MLI or under common control with MLI shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confer a benefit on (or rights in favor of) them. Other than this, except as expressly provided in these Terms, no other person or company shall be a third party beneficiary to these Terms.

Any rule of law or any legal decision that would require interpretation of any ambiguities in these Terms against the party that drafted it, is of no application and is hereby expressly waived. These Terms and this agreement shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.

CLICK “I AGREE” FOR YOUR SIGNATURE
By clicking “I agree” you (1) acknowledge that you have read and understood these TERMS AND CONDITIONS OF USE and (2) are signing this Agreement with a legally binding electronic signature, which agreement will be legally binding and enforceable (and the legal equivalent of your handwritten signature).

We look forward to working with you.