Terms and Conditions

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Terms and Conditions



TERMS AND CONDITIONS OF USE

INTERIOR DESIGN DECORATING SERVICES

1. Design Concept Services

1.1 In this phase of the Project, Designer shall, as and where appropriate, perform the following:

A. Determine Client’s design preferences and requirements.
B. Conduct an initial design study.
C. Prepare drawings and other materials to generally illustrate Designer’s suggested interior design concepts, to include color schemes, interior finishes, wall coverings, floor coverings, ceiling treatments, lighting treatments and window treatments.
D. Prepare layout showing location of movable furniture and furnishings.
E. Prepare schematic plans for recommended cabinet work, interior built-ins and other decorative details (“Interior Installations”).

1.2 Prior to commencing Design Concept Services, Designer shall receive an Initial Design Fee of Five Thousand dollars ($5,000.00) per room. This non-refundable Design Fee is payable upon accepting this Agreement and is in addition to all other compensation payable to Designer under this Agreement. Not more than Three (3) revisions to the Design Concept will be prepared by Designer without additional charges. Additional revisions will be billed to Client as Additional Services.
2. Interior Specifications and Purchasing Services
2.1 Upon Client’s approval of the Design Concepts, Designer will, as and where appropriate:
A. Select and/or specially design required Interior Installations and all required items of movable furniture, furnishings, light fixtures, hardware, fixtures, accessories and the like (“Merchandise”).
B. Prepare and submit for Client’s approval Proposals for completion of Interior Installations and purchase of Merchandise.
2.2 Merchandise and Interior Installations specified by Designer shall, if Client wishes to purchase them, be purchased solely through Designer. Designer may, at times, request Client to engage others to provide Interior Installations, pursuant to the arrangements set forth in the Project Review services described in paragraph 3 of this Agreement.

2.3 Merchandise and Interior Installations to be purchased through Designer will be specified in a written “Proposal” prepared by Designer and submitted in each instance for Client’s written approval. Each Proposal will describe the item and its price to Client (F.O.B. point of origin). The price of each item to Client (“Client Price”) shall be the amount charged to Designer as provided in the proposal as a retail cost (exclusive of any freight, delivery or like charges or applicable tax).

2.4 No item can be ordered by Designer until the proposal has been approved by Client, in writing, and returned to Designer with Designer’s required initial payment equal to Fifty percent (50%) of the Client’s Price. The balance of the Client Price, together with delivery, shipping, handling charges and applicable taxes, is payable when the item is ready for delivery to and/or installation at Client’s residence, or to a subsequent supplier for further work upon rendition of Designer’s invoice. Proposals for fabrics, wall coverings, accessories, antiques, and items purchased at auction or at retail stores require full payment at time of signed Proposal.
3. Project Review
3.1 If the nature of the Project requires engagement by Client of any contractors to perform work based upon Designer’s concepts, drawings or interior design specifications not otherwise provided for in the Interior Specifications and Purchasing Services, Client will enter into contracts directly with the concerned contractor. Client shall provide Designer with copies of all contracts and invoices submitted to Client by the contractors.

3.2 Designer will make periodic visits to the Project site as Designer may consider appropriate to observe the work of these contractors to determine whether the contractors’ work is proceeding in general conformity with Designer’s concepts. Constant observation of work at the Project site is not a part of Designer’s duties. Designer is not responsible for the performance, quality, timely completion or delivery of any work, materials or equipment furnished by contractors pursuant to direct contracts with Client.

3.3 Designer shall be entitled to receive a fee equal to Twenty Five percent (25%) of the amount to be paid by Client to each contractor performing any work based upon Designer’s concepts, drawings, specifications (“Project Review Fees”).

3.4 The Project Review Fees shall be payable by Client to Designer as follows:

4. MISCELLANEOUS

4.1 Should Designer agree to perform any design service not described above, such “Additional Service” will be invoiced to Client at the following hourly rates:

Design Principal: $375.00
Project Designer: $225.00
Staff Designer: $175.00
Draftsmen: $160.00
Other employees: $75.00
CAD Rendering 2D: $1,250.00 per each single room with no less than 1 Angle View.
CAD Rendering 3D: $2,500.00 per each single room with no less than 1 Angle View.
CAD walk Through: $4,00.00per each singe room with no less than 1 Angle View.

Hourly charges will be invoiced to Client at a rate of $250.00 per hour and are payable upon receipt of invoice.

4.2 Disbursements incurred by Designer in the interest of the Project shall be reimbursed by Client to Designer upon receipt of Designer’s invoices, which are rendered at the end of each project phase. Reimbursements shall include, among other things, costs of local and long distance travel, long distance telephone calls, duplication of plans, drawings and specifications, messenger services and the like.

4.3 Designer’s drawings and specifications are conceptual in nature and intended to set forth design intent only. They are not to be used for architectural or engineering purposes. Designer does not provide architectural or engineering services.

4.4 Designer’s services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electrical, ventilation, or other mechanical systems installed or to be installed at the Project.

4.5 Should the nature of Designer’s design concepts require the services of any other design professional, such professional shall be engaged directly by Client pursuant to separate agreement as may be mutually acceptable to Client and such other Design professional.

4.6 As Designer requires a record of Designer’s design projects, Client will permit Designer or Designer’s representatives to photograph the Project upon completion of the Project. Designer will be entitled to use photographs for Designer’s business purposes but shall not disclose Project location or Client’s name without Client’s prior written consent.

4.7 All concepts, drawings and specifications prepared by Designer’s firm (“Project Documents”) and all copyrights and other proprietary rights applicable thereto remain at all times Designer’s property. Project Documents may not be used by Client for any purpose other than completion of Project be Designer.

4.8 Designer cannot guarantee that actual prices for Merchandise and/or Interior Installations or other costs or services as presented to Client will not vary either by item or in the aggregate from any Client proposed budget.

4.9 This Agreement may be terminated by either party upon the other party’s default in performance, provided that termination may not be effected unless written notice specifying nature and extent of default is given to the concerned party and such party fails to cure such default in performance within Fifteen (15) days from date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies of Designer, and Client shall remain liable for all outstanding obligations owed by Client to Designer and for all items of Merchandise, Interior Installations and other services on order as of the termination date.

4.10 In addition to all other legal rights, Designer shall be entitled to withhold delivery of any item of Merchandise or the further performance of Interior Installations or any other services, should Client fail to timely make any payments due Designer.

4.11 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be decided by arbitration only in the city of Atlanta, Georgia in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

4.12 Client will provide Designer with access to the Project and all information Designer may need to complete the project. It is Client’s responsibility to obtain all approvals required by any governmental agency or otherwise in connection with this project.

4.13 Any sales tax applicable to Design Fees, and/or Merchandise purchased from Designer, and/or Interior Installations completed by Designer shall be the responsibility of Client.

4.14 Neither Client nor Designer may assign their respective interests in this Agreement without the written consent of the other.

4.15 The laws of the State of Georgia shall govern this Agreement.

4.16 Any provision of this agreement held to be void or unenforceable under any shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon both Designer and Client

4.17 This Agreement is a complete statement of Designer’s and Client’s understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only by a writing signed by both Designer and Client.

FURNITURE
WHEN YOUR SHIPMENT ARRIVES
Please check the shipping boxes thoroughly. If the boxes show evidence of rough handling or should they be punctured, crushed, dented, creased, torn, or wet, it is a MUST that this condition be noted on all copies of the freight bill when you sign for the shipment. Should you suspect that the contents are damaged or if there are any visual shipping damages, it is important to document the damages in detail on the Delivery Receipt and have the delivery party co-sign the Delivery Receipt.
If the shipment delivered to you is not in accordance with the number of cartons shown on the freight bill, have the delivering driver note the shortage on the freight bill when delivery takes place. Advise us of any shortage and we will trace the shipment with the delivery carrier. If the shortage cannot be located within a reasonable time, the missing items will be replaced.
FURNITURE DELIVERY INSTRUCTIONS
WHEN YOUR SHIPMENT ARRIVES, please follow these simple steps:
1. UPON DELIVERY please check the outside surface of the boxes as well as the contents inside the boxes thoroughly. If the boxes show any evidence of rough handling or appear to be punctured, crushed, dented, torn or wet, PLEASE NOTE this condition on all copies of the Delivery Receipt BEFORE YOU SIGN for the shipment. Then, inspect each furniture item individually.
2. Please request the delivery crew to wait until you open and inspect your items prior to signing any paper work. In the event the delivery crew refuses to wait while you inspect the furniture, please write on Drivers Delivery Receipt BEFORE DRIVER LEAVES, Boxes is/are damaged and driver refused to wait for inspection of contents. Final determination of the extent of damage to the contents will be made when the packages are opened by consignee after delivery. (The Consignee is the person receiving the shipment or You in this case).
3. In the event that your products were damaged during transit, we ask you to use your best judgment If you feel that the damage is minor (such as a drawer that can be replaced or a slight staining issue) KEEP the original package and containers, NOTE THE DAMAGE IN FULL DETAIL on the Delivery Receipt. Even if the package appears only slightly damaged, write PACKAGE DAMAGED when you sign for delivery. This is VERY important. Then, please contact our customer service department. If the boxes are badly damaged or if for any reason you feel any of the boxes are damaged more than slightly, please REFUSE DELIVERY on those items specifically and write down on the delivery receipt REFUSE DELIVERY DUE TO BOX/CARTON DAMAGE. Then, please notify Shawn Penoyer Interiors so we can send you out a replacement right away. If you are receiving multiple boxes, please use the above instructions for each box.
4. Customers are responsible for properly describing any and all damages on the Delivery Receipt. In the event the Delivery Receipt is not properly filled out and customers see damage to the boxes that are not noted on the Delivery Receipt, customers will be responsible for additional item re-shipment charges as well as 25% product replacement fees. By signing the delivery receipt free and clear and not noting any damage, any damage reported later is the customers’ responsibility and not that of Shawn Penoyer, LLC. Any and all damage claims must be reported to Shawn Penoyer, LLC within 24 hours of delivery. Shawn Penoyer, LLC is not responsible for any damage not reported to Shawn Penoyer, LLC within 24 hours of delivery, No Exception. At Shawn Penoyer, LLC we strive to provide each customer with a pleasant and memorable experience. By inspecting your deliveries and properly documenting any damages, you are providing Shawn Penoyer, LLC with the ability to guarantee your satisfaction. Thank you in advance for your cooperation.
DAMAGED SHIPMENTS
As much as we try our very best to prevent damages, there will inevitably be circumstances in which this may occur and we sincerely apologize in advance for any inconvenience this may cause you. We also greatly appreciate your help and support in helping us to remedy the issue.
In the event of a damaged shipment, please notify Shawn Penoyer, LLC immediately by e-mail to:  shawn@shawnpenoyerinteriors.com . If you contact us by phone we will provide you with step-by-step instructions as to what to do. If you contact us during the actual delivery, we will also be able to give you exact instructions during the delivery process.
If merchandise is damaged or defective, we will arrange repair or replace, at our discretion, any products which do not conform to the manufacturer’s specifications. Furniture may be repaired in your home or may be sent for repair. Customer agrees to accept delivery appointment for any back-orders, repairs or replacement furniture to complete the order process. No merchandise may be directly returned to Shawn Penoyer, LLC, under any circumstances.
If merchandise is damaged or defective, we would like to help bring resolution very quickly. In order to accomplish this expeditiously, we need to know exactly what happened during the delivery and the exact condition of the outside of the boxes as well as the condition of the actual item(s) in the boxes. Thus, we will send you out an e-mail immediately asking you to please answer all of our questions, which will then provide us with the information we need to promptly either repair or replace the damaged furniture. For us to promptly process replacement furniture requests as well as repairs, we will need to see actual pictures of the damage. We greatly appreciate your help if you have a digital camera and can forward to us clear pictures showing the actual damage to the merchandise. When taking pictures, we would greatly appreciate your help in clearly showing the condition of the boxes as well as the actual merchandise. Upon receiving the images, we will promptly have either a replacement item(s) sent out to you or have a furniture medic sent out to your home to promptly repair the damage. We sincerely appreciate your help and support in this process, as we understand the inconvenience you will incur as a result of this. Thank you in advance for your cooperation!
CANCELLATION POLICY
As soon as you place your order, we begin the procurement process with the furniture vendor. Once we contact the manufacturer (within 12 hours of receiving your order), we are unable to cancel or change that order because once we have placed it at your request, Shawn Penoyer, LLC,  and you, our customer, each become obligated to complete the payment of the purchase price. For that reason, we are unable to accept cancellations, in either whole or part, once the order is placed. If for any reason we are able to stop the order before shipment, and at our discretion, we may allow the order to be canceled with a cancellation fee of  twenty-five percent (25%) of your order, or portion of an order canceled plus actual shipping charges (if order has already shipped). This fee helps to defer the product cost and freight charges. All Upholstered Furniture such as couches, sofas, arm chairs, love seats, mattresses, sleepers and chairs cannot be canceled at anytime whatsoever. No Exceptions. All delivered furniture that is received in good condition is non-returnable; no exceptions.
When the furniture is ready for delivery, you will be notified to schedule a delivery appointment. If you do any of the following, it will treated as an unauthorized cancellation of your order, subject to a cancellation fee of 25% of your order plus actual shipping charges: 1) Refuse the delivery appointment of your furniture or 2) Refuse the shipment because at the time of delivery you see the product and decide it is no longer what you want or 3) Refuse delivery because the product arrives damaged, and rather than give us a chance to fix the problem through a replacement part(s) or a replacement unit(s) or furniture repairman, you decide you no longer want it and refuse delivery or 4) Refuse or return any product due to such variation in grain or color. Wood products do vary in grain. Shawn Penoyer Interiors does not guarantee, nor does the manufacturer guarantee that the grain and/or coloring will be consistent on any item or group of items.
All products (unless noted on our site) are sold with the full manufacturer’s warranty. Extended warranties are sometimes offered directly through the manufacturer; please contact them if you are interested. All returned items must be in “as-new” condition, in original packaging and with all warranty cards, manuals and accessories. Any discrepancies or damages could result in a delay or partial forfeiture of your credit. All returned  items arising from a cancellation are subject to a 25% restocking fee and shipping fees. For any cancellations of furniture for which a discount was applied to shipping or which included Free Shipping, customers will be charged the normal outbound shipping costs to the customer as well as the return shipping costs plus a 25% restocking fee. Be sure to contact us with the tracking numbers. Please allow 2-4 weeks for credit processing.
STANDARD CURBSIDE VERSUS GREEN GLOVE DELIVERY (COMMON CARRIER SHIPMENTS)
STANDARD CURBSIDE DELIVERY
Our Delivery Service takes special care of your product–from our store directly to your home. The shipping costs associated with your order are generally for standard curbside delivery.  This type of service is least expensive and does not guarantee delivery to your door, but instead requires your assistance to off-load the furniture. Inside delivery and assembly are not included.
WHITE GLOVE DELIVERY
For all items, we can arrange for deluxe, in-home delivery through our white glove Delivery Service at additional charge.  With our white glove Delivery Service, delivery representatives will bring the items into your home, unwrap them and place in your designated spot. The team will also inspect your items and remove all packaging materials. Should any simple assembly be required, the delivery team will assemble your items. For additional information on our white glove Delivery Service, please contact Shawn Penoyer, LLC by email. Please note that most on-line orders will be processed with standard curbside shipping. Should you desire white glove Delivery, please be sure to e-mail us with your order number and inform us specifically that you would like white glove Delivery.
FURNITURE DELIVERY TIME
As soon as your merchandise is ready, our Delivery Service will call you to arrange a delivery time. Deliveries are usually made between 8 AM and 5 PM, Monday through Friday (local time). Please respond expediently to their inquiry as to what is the most convenient time for delivery. After determining that your items will fit into your home, please clear a path to its final location.
Shipping charges are typically determined by product weight, size, ship-to-address, handling and installation requirements. The cost of shipping is not included in the product prices and will show up as a separate line on your order summary. We negotiate the best deals possible with our freight carriers and pass these savings directly on to you. All charges for your purchase, shipping and handling are prepaid. Should a carrier request additional payment on delivery, please contact our customer service by calling 404-984-7900.
SPECIAL ORDER FURNITURE
All of the items for sale on this website are considered SPECIAL ORDERS. When ordering furniture, please read the text description carefully to confirm exactly what is included in your order. If it appears unclear, please contact us, so that we can provide you with additional information. Once an order is processed, the order cannot be canceled and cannot be returned or exchanged. We greatly appreciate your understanding! Your order is reviewed for accuracy and verified with the manufacturer as soon as it is received. In cases where manufacturers inform us of changes in availability, you will be notified as soon as possible. Such information can cause delays in your estimated shipping time.
ORDER ACCEPTANCE
Your order is reviewed for accuracy and verified with the manufacturer as soon as it is received. In cases where manufacturers inform us of changes in availability, you will be notified as soon as possible. Such information can cause delays in your estimated shipping time. Shawn Penoyer, LLC is not responsible for such changes in availability or for any other inadvertent errors on our site.
DELAYS & BACK ORDERS
Most orders are processed the same day they are received. Products that are in stock are normally shipped within 1-2 Weeks. If an item is out-of-stock, we can usually provide the buyer with an estimate of availability. Due to the nature of our many products lines, many item lead times change throughout the year. Please consult with any of our Customer Service Representatives for exact product lead times. If shipment has been delayed for other reasons, we will try to notify customers as soon as possible, so that proper delivery arrangements can be made.
 ACCEPTANCE OF TERMS
 Your access to and use of www.shawnpenoyerinteriors.com (“the Website”) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.


PRIVACY POLICY

Our complete Privacy Policy page is located at
https://shawnpenoyerinteriors.com/privacy-policy/ which is also be easily found on the main menu at the top of each page of our website.

We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
OR
 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
 We use a technology called “cookies” as part of our normal business procedure to track patterns of behavior of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.


 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will
Shawn Penoyer, LLC or Shawn Penoyer be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.


 ACCEPTABLE USE
 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.
Shawn Penoyer, LLC or Shawn Penoyer will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
 In using the Website/Services you agree not to:
use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
collect or store personal information about others, including email addresses;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.


 TERMINATION
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.


LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that
Shawn Penoyer, LLC or Shawn Penoyer is not responsible for the content or availability of any such sites.


INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.


INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Shawn Penoyer, LLC or Shawn Penoyer does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
INDEMNITY
You agree to indemnify and hold Shawn Penoyer, LLC or Shawn Penoyer harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Shawn Penoyer, LLC or Shawn Penoyer by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by
Shawn Penoyer, LLC or Shawn Penoyer in consequence of your breach of these Terms and Conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Shawn Penoyer, LLC or Shawn Penoyer will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

Shawn Penoyer, LLC or Shawn Penoyer makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Shawn Penoyer, LLC or Shawn Penoyer for death or personal injury as a result of the negligence of Shawn Penoyer, LLC or Shawn Penoyer .
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.


 GOVERNING LAW
Our Website is created, operated and controlled by Shawn Penoyer Interiors, LLC. in the state of Georgia, in the United States of America. The laws of the State of Georgia will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Georgia, County of Dekalb in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Shawn Penoyer, LLC with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shawn Penoyer Interiors, LLC, with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All legal disputes shall be governed by and construed in accordance with the laws of the State of Georgia, Dekalb County. The Georgia courts shall have exclusive jurisdiction and venue over any dispute and each party hereby consents to the jurisdiction and venue of such courts.


 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will
Shawn Penoyer, LLC or Shawn Penoyer be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.


 ACCEPTABLE USE
 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.
Shawn Penoyer, LLC or Shawn Penoyer will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
 In using the Website/Services you agree not to:
use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
collect or store personal information about others, including email addresses;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.


 TERMINATION
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.


LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that
Shawn Penoyer, LLC or Shawn Penoyer is not responsible for the content or availability of any such sites.


INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.


INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
www.shawnpenoyerinteriors.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.


INDEMNITY
You agree to indemnify and hold Shawn Penoyer, LLC or Shawn Penoyer, harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Shawn Penoyer, LLC or Shawn Penoyer , of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by
Shawn Penoyer, LLC or Shawn Penoyer in consequence of your breach of these Terms and Conditions.


DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Shawn Penoyer, LLC or Shawn Penoyer will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

Shawn Penoyer, LLC or Shawn Penoyer makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Shawn Penoyer, LLC or Shawn Penoyer for death or personal injury as a result of the negligence of Shawn Penoyer, LLC or Shawn Penoyer .
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.


SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.


 GOVERNING LAW
Our Website is created, operated and controlled by Shawn Penoyer, LLC. in the state of Georgia, in the United States of America. The laws of the State of Georgia will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Georgia, County of Dekalb in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Shawn Penoyer, LLC with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shawn Penoyer, LLC, with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All legal disputes shall be governed by and construed in accordance with the laws of the State of Georgia, Dekalb County. The Georgia courts shall have exclusive jurisdiction and venue over any dispute and each party hereby consents to the jurisdiction and venue of such courts.