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Website Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website (the “Site”), you signify your acceptance of these terms and conditions of use (“Terms of Use”), and the Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use this Site. Potomac West Interiors and Antiques Gallery, Inc. (dba “Evolution Home”) may amend these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties. Use Restrictions The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Evolution Home’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Evolution Home. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Evolution Home or its licensors. The use of the contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Evolution Home and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining, or any other means. Evolution Home reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Product Information Products displayed on the site are available at Evolution Home’s store until sold or discontinued. In some cases, products displayed on the Site may be available only through the Site. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of the products displayed on the Site. Liability of Evolution Home and Its Licensors and Partners The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Evolution Home may make changes or improvements at any time. Your Consignor Login Account If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Evolution Home reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Indemnity You agree to defend, indemnify, and hold Evolution Home, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use. Links to Other Sites This Site may contain links to third party websites, which may have privacy policies and terms of use that differ from our own. These links are provided solely for the convenience of our Site visitors. We are not responsible for the content or privacy practices of such sites. We encourage you to review the privacy policies and terms of use of any third party websites or services. General Evolution Home makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Evolution Home and its Licensors and Partners, Use Restrictions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement. THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVOLUTION HOME DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVOLUTION HOME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOLUTION HOME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AND NOT EVOLUTION HOME ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EVOLUTION HOME ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY EVOLUTION HOME, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY. Applicable Laws These Terms of Use are governed in accordance with the laws of Virginia, United States of America, without regard to its conflict of law provisions. You and Evolution Home hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Fairfax County, Virginia for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Complete Agreement Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Evolution Home on this Site, these Terms of Use, including Evolution Home’s Privacy Policy, constitute the entire agreement between you and Evolution Home with respect to the use of the Site and Contents. Links to Other sites Our website may contain links to other websites. Once you access another site through a link that we provide, you are subject to the privacy policy of the new site. |