Please review these terms and conditions, which govern your use of blinds.lowes.com, and any associated mobile applications (collectively, the "Site" or "Sites"). The Sites are hosted by Deneva Inc. d/b/a Deneva Technologies ("Deneva") (Deneva, together with Lowe's Home Centers, LLC and its parent and affiliated companies, "we" or "us"). By accessing or using the Sites, you are accepting these terms (the "Terms") (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site. These terms include an obligation to submit all claims to arbitration, and you are waiving your right to a jury trial.
The information and materials on the Site (the "Materials") are provided for your review in accordance with the Terms. You may use the Site and Materials only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
We reserve the right to decline services to you for any reason without explanation based upon our findings in validating you registration. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Site; (b) maintain and promptly update such information and any other information provided to Deneva, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Deneva tries to display and describe the products and services accurately on the Site. Deneva is also improving the products and services and may update the Materials displayed on the Site at any time and without notice. Wecannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
You can register as a user of the Site and become a registered user (a "Registered User"). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site (collectively, "Registered Services"), and the following terms and conditions apply to your use of the Registered Services (the "Additional Terms"). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and us concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
You can become a Registered User by registering with the Site to create an account (an "Account"). Purchases made online while logged into your account will allow Deneva to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information. Deneva will track all of the purchases that you make online while logged into your Account. These transactions are called "Tracked Purchases." As a Registered User, you may be able to review your Tracked Purchases.
As part of the registration process, you will be asked to select a username and password. You agree not to transfer, resell, share, allow unauthorized persons to use or other facilitate access to or use of the Site through your Account. You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.
You acknowledge and agree that we own all the data and information concerning your Tracked Purchases, but subject to the Additional Terms, Deneva may make your Tracked Purchases available to you for viewing through your Account. We will continue to own all of the data and information concerning your Tracked Purchases even if your Account is deactivated for any reason.
Deneva reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Deneva may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by us, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that we have no obligation to make a copy, electronic or otherwise, of your Content or Tracked Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Deneva reserves the right to terminate your access to and use of your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. Upon deactivation of your Account or termination of the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.
You may also be able to upload additional information or data, pictures, information or specifications. The information or data you upload or enter is considered "Content".
PLACING ORDERS & PAYMENT
All payments for products or services ordered are due and payable in advance, and are non-cancellable and non-refundable except as set forth on the return policy. All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
Deneva and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Deneva believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Deneva, its subsidiaries, or its affiliates, or for any other reason.
Deneva and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Deneva delivery of the items or products to the carrier.
If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
All Material, software and content on the Site or made available as part of the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Deneva or its software and content suppliers and licensors, including any improvements, enhancements or derivatives thereto (the "Deneva IP"). Such Deneva IP is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Deneva and protected by applicable copyright laws.
Subject to the Terms, Deneva grants you permission to view and use content and software made available to you on the Site in connection with your personal non-commercial use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the Deneva IP on the Site is strictly prohibited. Deneva and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. You acknowledge and agree that Deneva will have no obligation to provide you with any support or maintenance in connection with the Site.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks ") on the Site are registered and unregistered trademarks of Deneva, LF, LLC , and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.
You may not modify, alter, reproduce, or distribute the Site. You may not directly rent, lease, lend, sell, redistribute or sublicense the Site. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Site nor any content available through the Site. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Site.
The following are examples of the kind of content that is illegal or prohibited to submit to the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Site and terminating the account of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Deneva: (a) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to the Deneva servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Deneva grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site ; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Sit ; (g) collecting or harvesting any personally identifiable information, including account names, from the Sit ; (h) using the Site for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Site; (k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (l) bypassing the measures we may use to prevent or restrict access to the Site , including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (m) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (n) harasses or advocates harassment of another person; (o) exploits people in a sexual or violent manner; (p) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; (q) covering or obscuring the banner advertisements on any page on the Site via HTML/CSS or any other means; or (r) using the Site in a manner inconsistent with any and all applicable laws and regulations.
LINKS TO OTHER SITES
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by us or our affiliates or subsidiaries of such website or of any association with such websites' operators.
You agree that we and our affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. We and our affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Deneva and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, "Content") to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant us and our affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media for the purpose of providing you the services and to operate and improve the Sites and ourbusinesses ("Content License"). Deneva and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Deneva is not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit us and ourrespective affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to us.
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize us and our respective affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way we deem appropriate, in our sole discretion, throughout the world for their internal business purposes and in connection with the operation and improvement of the Sites.
DIGITAL MILLENNIUM COPYRIGHT ACT
Claims of Copyright Infringement. If you believe any materials accessible on or from the Site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the "DMCA") to the designated Copyright Agent (identified below), which sets forth the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Deneva to locate the material
- Your name, address, telephone number and, if available, e-mail address
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law
- A statement that the information that you have supplied is accurate and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf
- A physical or electronic signature of the copyright holder or authorized representative
The Copyright Agent designated by Deneva to receive notifications of claimed infringement is:
Deneva IP Notices Designated Copyright Agent 19751 Mainstreet #310 Parker, CO 80138 Send via Contact Form
Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DENEVA, AND ANY SUBSIDIARY, PARENT OR RELATED COMPANIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY DENEVA, OR DENEVA LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND OUR RESPECTIVE AFFILIATIES, PARENTS, AND SUBSIDIARIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND / OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND / OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY.
YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES, PARENTS, AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DENEVA AND / OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer does not apply to intentional or wanton acts on OUR part. This disclaimer constitutes an essential part of these terms.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RESPECTIVE SUBSIDIARIES, PARENTS, AND AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND / OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that this agreement and your use of the Site will be governed by the laws of the state of Colorado.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
ARBITRATION: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against US or against any of our respective subsidiaries, parents, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to Deneva by contacting email@example.com to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a JAMS mediation as modified by this agreement. Any such arbitration shall be brought and held in Denver, Colorado, and will be conducted in the English language. Any arbitration shall be confidential, and neither you nor us may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and us. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that we may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that we will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor. You agree that Deneva may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time upon notice to you. You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and us as a result of these Terms or your use of the Site. Any rights not expressly granted to you herein are reserved by and to us, and our respective affiliates, parents, subsidiaries, licensors, and other third parties. The Terms and the applicable terms of sale constitute the entire agreement between you and us with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and us with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Deneva or it is physically signed in blue ink by an executive officer of Deneva. Any actual or alleged waiver by us of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
By accepting the Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, you are not permitted to use the Site. If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact Deneva at firstname.lastname@example.org so that we can delete that information.