TERMS & CONDITIONS
"Cathy Hobbs Design Recipes", "The Staging Source" and "Design Recipes" refers to the website (s), www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, any and all content which includes but is not limited to videos, photos, pdf/downloads and text content are all the property of APHEREA INC., an S Corporation, New York State company, located at 320 Roebling Street, Suite 126, Brooklyn, NY 11211.
Acceptance of Terms
Modifications to this Agreement
Third Party Content, Sites, and Services
The content available through the websites www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of design recipes, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Your interactions with organizations and/or individuals found on or through these websites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.
Disclaimer - You Expressly Acknowledge and Agree that:
5.1 Your use of our website (s) and its services are at your sole risk. Websites and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, conditions and other terms of any kind, whether express or implied, including but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill.
5.2 We make no warranty or representation that (i) the website (s) or services will meet your requirements, (ii) the website (s) and/or services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website (s) will be accurate or reliable, (iv) the quality of any services, information, or other material obtained by you through our website (s) or our services will meet your expectations, and (v) any errors will be corrected.
5.3 Any material downloaded or otherwise obtained through the use our website (s) and/or the services is done at your own discretion and risk and that you will be solely responsible for any damage or loss arising there from.
5.4 No advice or information, whether oral or written, obtained by you from us or from our website (s) shall create any warranty or other obligation not expressly stated in these terms and conditions.
5.5 We do not warrant that any of the information and/or material provided in our website (s) or pursuant to our services is accurate.
5.6 We do not provide any warranty in respect to our website(s) or services, results or availability of our services.
Limitations on Liability
6.1 You expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other tangible losses (even if we have been advised of the possibility of such damages), resulting from (i) the use or the inability to use our website(s) or our services, (ii) the cost of procurement of substitute services resulting from any services obtained or messages received or transactions entered into through or from our website(s) ; (iii) statements or conduct of any individual supplying any of the services; or (v) any other matter relating to our website(s) or services.
6.2 We shall have no liability for any defect in our services howsoever caused.
6.3 We shall have no liability to you for any delay in performance of our website (s) or our services to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of god, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
6.4 Nothing in the agreement shall exclude or limit our liability for death or personal injury due to negligence or any liability which is due to fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
7.1 You agree to indemnify and keep indemnified design recipes, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, free-lancers, independent contractors and employees against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of our website (s) and/or our services and/or arising from or due to any claim or breach of the terms of this agreement or any tortious act and/or omission and/or any breach of statutory duty by you.
7.2 In the event that you have any claim or action against any other member or individual arising from your use of our website (s) or our services, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
Dislcaimer of Warranties
You agree that use of any website (s) owned by APHEREA INC. and its services is entirely at your own risk. APHEREA INC. and its services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, APHEREA INC. disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of APHEREA INC. and our direct or affiliated services. To the fullest extent permitted by law, design recipes disclaims any warranties for other services or goods received through or advertised on sites owned by design recipes or accessed through any links on websites www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, or services, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colors, texture and detail shown on the users computer monitor to the fullest extent permitted by law, APHEREA INC. disclaims any warranties for viruses or other harmful components in connection with APHEREA INC. or its services. No advice or information, whether oral or written, obtained by you from APHEREA INC. owned sites which include but are not limited to, www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, or through the service shall create any warranty no expressly made herein.
Limitations of Liability
Under no circumstances shall APHEREA INC. be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if APHEREA INC. has been advised of the possibility of such damages), resulting from any aspect of your use of www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, or services of APHEREA INC. Whether the damages arise from use or misuse of design recipes and its services, from inability to use sites owned by APHEREA INC. or its services, or the interruption, suspension, modification, alteration, or termination of websites owned by APHEREA INC. or its services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with sites owned by APHEREA INC. or its services or any links on www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, or services of APHEREA INC., as well as by reason of any information or advice received through or advertised in connection with the sites www.cathyhobbs.com, www.stagingsourcerentals.com and www.designrecipes.com, or the services of APHEREA INC., these limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
What Information Does APHEREA INC. Collect?
When making a purchase through our site, we collect your name, billing address, phone number, e-mail address, and credit card information, in order to process your order. You are welcome to visit our site without providing any of this information; however, we are unable to process an order without the requested information.
Correcting and Updating Your Information
Users of our site are able to modify their account information, such as shipping and billing addresses, each time they place an order with us.
Links to Other Sites
design recipes contains links to other sites not affiliated with design recipes. These sites have their own policies and practices with respect to online privacy, and design recipes cannot be responsible for the privacy practices of these unaffiliated web sites.
Once a service or item has been purchased, there are no refunds or exchanges. The ownership of APHEREA INC., however does have at its own discretion the ability to issue either a full or partial credit for merchandise depending on the circumstances of the request for such consideration. This does not apply to any of our staging, interior design, e-design, remote staging, video or virtual services, for which no credits, refunds or returns are permitted.