[vc_row][vc_column][vc_column_text]This Web site, located at www.ambiencedore.com, and all content and services available through it (collectively, the “Site”) are provided by Ambience Dore Inc. under this Terms of Service and any amendments to the Terms that Ambience Dore Inc. may publish from time to time (the “Terms”). BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_separator][/vc_column][/vc_row][vc_row][vc_column][vc_toggle title=”Check-Out Process” open=”true” el_id=”1445297670817-34c6f307-6586″]In placing an order, you agree to provide only true, accurate, current and complete information during the check-out process, and agree to update that information to keep it true, accurate, current and complete. Ambience Dore Inc. shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Ambience Dore Inc.[/vc_toggle][vc_toggle title=”Intellectual Property Rights” el_id=”1445297670876-0113da06-52df”]This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the “Content”), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Ambience Dore Inc. or the applicable third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site. Ambience Dore Inc. authorizes you to view and download one copy of the Content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by Ambience Dore Inc. for use in accessing the Site.[/vc_toggle][vc_toggle title=”Representations and Warranties” el_id=”1445297670934-9077dbc6-bad2″]You represent and warrant that:
[/vc_toggle][vc_toggle title=”User Conduct” el_id=”1445297670995-1e385f9a-387c”]You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.
You agree that you will not use the Site in any way to:
[/vc_toggle][vc_toggle title=”Privacy Policy” el_id=”1445297671052-75dfa5d1-863b”]Ambience Dore Inc. respects the privacy of its users. For more details, see our privacy policy.[/vc_toggle][vc_toggle title=”Orders, Payment Terms” el_id=”1445297907380-3cd7fb7a-7b28″]You agree that your placement of an order with Ambience Dore Inc. is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Ambience Dore Inc.’s sole discretion, and unless otherwise agreed by Ambience Dore Inc., payment must be received by Ambience Dore Inc. prior to Ambience Dore Inc.’s acceptance of an order. Ambience Dore Inc. may accept payment via Visa, MasterCard and American Express. Orders are not binding until the order is accepted by Ambience Dore Inc. Ambience Dore Inc. may need to verify any information you provide before Ambience Dore Inc. accepts an order, and may cancel or limit an order any time after it has been placed. Ambience Dore Inc. expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.[/vc_toggle][vc_toggle title=”Pricing and Sales Tax” el_id=”1445297923398-6adbf6f5-38ab”]Reference prices (including “list” or “retail” prices) reflect the Manufacturer’s suggested retail price, and reflect prices which may not have resulted in sales. Prices are subject to change. If a discrepancy arises between the price quoted on the Site and on the faxed/e-mailed invoice, the latter will prevail. In the event a product is listed at an incorrect price due to a typographical or other error, Ambience Dore Inc. shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, Ambience Dore Inc. shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Ambience Dore Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.[/vc_toggle][vc_toggle title=”Disclaimer of Warranties” el_id=”1445297923199-c61ce0d1-f64e”]YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, AMBIENCE DORE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRNTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH AMBIENCE DORE INC. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AMBIENCE DORE INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. AMBIENCE DORE INC. DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER¹S WARRANTY, WHICH WILL VARY FROM PRODUCT TO PRODUCT.[/vc_toggle][vc_toggle title=”Limitation of Liability” el_id=”1445297922995-8d3aadcf-6fcc”]IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL AMBIENCE DORE INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF AMBIENCE DORE INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.[/vc_toggle][vc_toggle title=”Indemnification” el_id=”1445297922802-5e1989ac-49cb”]You agree to indemnify and hold harmless Ambience Dore Inc., its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney’s fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.[/vc_toggle][vc_toggle title=”Changes to the Terms” el_id=”1445297922613-f8c23559-86ae”]Ambience Dore Inc. reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on the Ambience Dore Inc. homepage. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the “Terms of Service” link on the Ambience Dore Inc. homepage to view the then current Terms.[/vc_toggle][vc_toggle title=”Changes to the Site” el_id=”1445297922429-0bba2b06-23ce”]Ambience Dore Inc. may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Ambience Dore Inc. Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Ambience Dore Inc. shall not be liable therefor.[/vc_toggle][vc_toggle title=”Termination” el_id=”1445297922245-ffce789a-348c”]You agree that Ambience Dore Inc., in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to Ambience Dore Inc. or transmitted through the Site. You further agree that Ambience Dore Inc. shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.[/vc_toggle][vc_toggle title=”Storage of Content” el_id=”1445297922058-a5cf0eb4-b6f6″]You agree that Ambience Dore Inc. may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content transmitted through the Site, and you agree that Ambience Dore Inc. has no responsibility or liability for the deletion or failure to store any messages, communications or other Content transmitted through the Site.[/vc_toggle][vc_toggle title=”Your Contact With Third Parties” el_id=”1445297921902-ce6c6741-5cb8″]Your dealings or communications through the Site with any party other than Ambience Dore Inc. are solely between you and that third party, and Ambience Dore Inc. does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and Ambience Dore Inc. shall not be liable therefor.[/vc_toggle][vc_toggle title=”Links” el_id=”1445297921688-81ab883e-a250″]The Site, or third parties on the Site, may provide links to other sites and/or resources over which Ambience Dore Inc. has no control, and Ambience Dore Inc. shall not be liable for the content, advertising, products or other materials available through such other sites or resources.[/vc_toggle][vc_toggle title=”No Reselling of Services on the Site” el_id=”1445297921438-ac254c14-57f4″]You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.[/vc_toggle][vc_toggle title=”International Users” el_id=”1445297920981-67b11161-1a35″]This Site is controlled, operated and administered by Ambience Dore Inc. from its offices within the United States of America. Ambience Dore Inc. makes no representation that materials on the Site 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 Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.[/vc_toggle][vc_toggle title=”Choice of Law and Forum; Arbitration” el_id=”1445297920384-234ebce9-ebd4″]The Terms shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Harris County, Texas. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.[/vc_toggle][vc_toggle title=”Language” el_id=”1445298164036-f94ba624-800d”]It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.[/vc_toggle][vc_toggle title=”General” el_id=”1445298162032-7c837258-5411″]Except as explicitly stated otherwise, notice to Ambience Dore Inc. shall be given by postal mail to Ambience Dore Inc., Attn: Legal Department, 1415 S. Voss Rd. #110-123, Houston, TX 77057 and notice to you shall be given by an e-mail sent to the address you provided or through a general notice posted on Ambience Dore Inc.’s homepage. In addition, Ambience Dore Inc. may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
The Terms constitutes the entire agreement between Ambience Dore Inc. and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Ambience Dore Inc. to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.[/vc_toggle][/vc_column][/vc_row]
