Terms and Conditions
ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Landmark Decor, and More hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Landmark Decor and More in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Landmark Decor and More in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Landmark Decor and More in advance. Landmark Decor and More reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Landmark Decor and More believes that customer conduct violates applicable law or harms Landmark Decor and More’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
The information provided on this site is intended for informational purposes only. Please note that the views expressed in any submissions or opinions on this site belong to the individual contributors and may not necessarily represent the perspectives of Landmark Decor and More
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Landmark Decor and More, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, photos, videos and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary. Landmark Decor and More shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Landmark Decor and More and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Landmark Decor and More the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content you post on this Site. That use of your reviews, comments, or other Content by Landmark Decor and More will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead Landmark
Decor and More or third parties regarding the origin of any Submissions or Content. Landmark Decor and More may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, video clips, and software (collectively, “Content”) belongs exclusively to Landmark Decor and More or its Content suppliers. All software used on this Site (the “Software”) is the property of Landmark Decor and More or its Software suppliers. The Content and Software are all protected by U.S. and international copyright laws.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies available, Landmark Decor and More reserves the right to immediately terminate this Agreement or revoke any or all rights granted under this Agreement without prior notice in the event of website misuse. Misuse may include, but is not limited to, unauthorized access, distribution of harmful content, fraudulent activities, or any actions that compromise the Site's integrity.
Consequences of misuse may include:
● Immediate suspension or termination of access to the website.
● Legal action, including civil or criminal prosecution, depends on the violation's severity.
● Reporting to relevant authorities and law enforcement agencies.
● Liability for damages caused by the misuse of our platform.
Upon termination, you must immediately cease all access to and use of the Site. Landmark Decor and More may deny you access to and use the Site, fully or partially.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references unavailable outside the United States. Any such references do not imply that such products will be available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with local laws and regulations.
All prices are displayed in USD (United States Dollars) and may vary based on customer preferences; they are for reference only. Our prices are all set in USD (United States Dollars).
PRICING ERRORS
Suppose a product is listed at an incorrect price or contains inaccurate information due to typographical errors or supplier discrepancies; Landmark Decor and More reserves the right to cancel any orders placed for that product. This policy applies regardless of whether the order has been confirmed or your credit card has been charged.
If your credit card has already been charged for the purchase and your order is canceled, we will ensure that a full refund is processed promptly.
Thank you for your understanding.
DISCLAIMER AND LIMITATION OF LIABILITY
This site may contain inaccuracies, mistakes, or typographical errors. Landmark Decor and More does not guarantee that the content will always be uninterrupted or error-free.
To the fullest extent permitted by law, Landmark Decor and More is not liable for any damages arising from the use of this site. This includes, but is not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages.
Additionally, the maximum liability of Landmark Decor and More to you for any damages, regardless of the claim basis, shall not exceed the total fees you paid to Landmark Decor and More during the month immediately preceding the incident that caused the liability.
LINKS
This site may contain links to other Internet sites owned and operated by third parties. You acknowledge that Landmark Decor and More is not responsible for the operation of or content on or through any such site.
REMEDIES
You agree that Landmark Decor and More’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Landmark Decor and More shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Landmark Decor and More may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Landmark Decor and More shall be exclusive of any other, whether at law or in equity, including damages, injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by Landmark Decor and More of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waivers.
APPLICABLE LAW
This site was created and controlled by Landmark Decor and More in the states of New Jersey and New York. As such, the states' laws will govern these disclaimers, terms, and conditions without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Tampa, FL., except that to the extent you have in any manner violated or threatened to violate Landmark Decor and More’s intellectual property rights, Landmark Decor and More may seek injunctive or other appropriate relief in any state or federal court in the State of Florida. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient concerning venue and jurisdiction in Florida's state and federal courts. Arbitration under these Terms of Use shall be conducted under the Commercial Arbitration Rules prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any of these provisions shall be deemed invalid, void, or unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
EL Sales Corporation 5111 West Knox Street, Tampa, FL. 33614