ALICE LANE HOME TERMS & CONDITIONS

Last Updated: September 28, 2022

These Terms and Conditions of Use ("Terms & Conditions") apply to your access to, and use of, online services and programs ("Online Services") which Alice Lane Home. ("Alice Lane Home," "we," or "us") has made available to our customers ("Customers," "Users" or "you"). Covered services include our site visits, website, online ordering, delivery, job application, and customer feedback platforms. Covered programs include our To The Trade, In Home Design, promotional, and gift card programs. The "General Terms" section of these Terms & Conditions apply to all of the various Online Services. The "Specific Services & Programs" portion of these Terms & Conditions identify additional terms and conditions which are specific to particular services and programs. Please note that several of the Online Services may be administered by third-party contractors who will require your agreement to additional terms related specifically to their service. Many of those additional agreements are identified below in the Specific Services & Programs section.

Please read these Terms & Conditions carefully before downloading, accessing or using any of the Online Services. By accessing or using the Online Services, you agree to abide these Terms & Conditions, as well as such additional agreements which may apply to the particular Online Service being used. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services or these Terms & Conditions in any way, your sole and exclusive remedy is to discontinue using the Online Services.

General Terms (applicable to all online services)

Modifications to Online Services

Alice Lane Home may at any time, for any reason, modify, suspend, limit or terminate operation of or access to any Online Service, or any portion thereof, whether on a general or specific user level, and without notice or liability. In addition, Alice Lane Home reserves the right at any time to update, change, modify, or revise these Terms & Conditions. Any changes will become effective upon posting such modifications on our website (please review the "Last Updated" date above to identify when these Terms & Conditions were last modified). Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms & Conditions as modified. It is your responsibility to review the Terms & Conditions regularly for updates.

Privacy of Users

Alice Lane Home has a separate Privacy Policy (the "Privacy Policy") relating to how Customer Data is collected and used via the Online Services. The Privacy Policy is available for review by selecting the "Privacy Policy" links here or at the bottom of our website. By accessing or using the Online Services, you are also agreeing to the terms of the Privacy Policy which are incorporated into these Terms & Conditions by this reference.

Ownership & Licensing of the Online Services and Intellectual Property

The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the "look and feel", pages, screens, content arrangement, and computer programs) (collectively, "Materials") are owned by or licensed to Alice Lane Home and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, Alice Lane Home grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, Alice Lane Home does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. Alice Lane Home are registered trademark and service marks of Alice Lane Home in the United States. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the "Intellectual Property") are owned by or licensed to Alice Lane Home with all rights reserved unless otherwise noted. Alice Lane Home does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that Alice Lane Home and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Standards of Conduct for Users of the Online Services

You agree to use the Online Services, Materials, and all related programs, features and services in accordance with these Terms & Conditions and all applicable laws and regulations. Specifically (and without limitation), you agree not to: modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials; use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity; attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means; use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks; frame or mirror any portion or feature of the Online Services; use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes; use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person's use or enjoyment of the Online Services; transmit any viruses, worms, defects, Trojan horses, corrupted files, or other items of a destructive nature; circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Alice Lane Home; forge headers or otherwise manipulate identifiers; post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability; submit or post any false or misleading information; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Alice Lane Home or any other person or entity. Alice Lane Home reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.

Submissions by Users of the Online Systems

Except as otherwise stated in our Privacy Policy with respect to your personal information, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services (collectively, "Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate, and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

We may, without notice to you, refuse or edit Submissions for any reason or no reason.

User Logins and Registration

Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Alice Lane Home immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Alice Lane Home or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else's login at any time without their express written permission. Alice Lane Home shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Third-Party Sites and Social Media Pages

The Online Services may contain links to other third-party websites, including social media platforms, such as Facebook, Pinterest, LinkedIn, Twitter, Snap Chat or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Alice Lane Home shall have no responsibility or liability related to your use of any Linked Site, or the content, policies, or actions thereof. If you choose to use any product or service from a Linked Site, your relationship is with that third party. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Electronic Communications

When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions. By creating an account with Alice Lane Home you acknowledge that you will be receiving order update and confirmation emails and text messages.

Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS & CONDITIONS AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Violation of these Terms & Conditions

You agree that Alice Lane Home may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Alice Lane Home. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Alice Lane Home takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Alice Lane Home

Indemnification

You agree to indemnify, defend, and hold harmless Alice Lane Home and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms & Conditions; and/or (2) your activities in connection with the Online Services, and Materials, programs, features, and services made available through the Online Services.

International Users and Choice of Law

The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We make no representation that Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export Materials in violation of U.S. export laws and regulations. If you access the Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms & Conditions and our Privacy Policy shall be governed by the laws of the State of Utah, without regard to conflict of laws provisions or principles. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or arising from the Online Services shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.