Terms & Conditions

Please read these Terms of Use (the "Agreement") carefully. Your use of the Connate Home Online Properties (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Connate Design, Inc. ("Connate Design", “Connate Home”, ”CH” or "we") concerning your use of (including any access to) the websites currently located at https://www.connatehome.com (and also accessible through https://www.connatedesign.com/), and any other websites that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, the "Sites"), and any other mobile applications that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor applications(s) thereto, the "Apps"). The Sites and Apps are referred to collectively in this Agreement as the "Connate Design Online Properties".

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Connate Home through the Connate Design Online Properties, or otherwise made available to you by Connate Home. Your use of the Connate Design Online Properties is governed by this Agreement regardless of how you access the Connate Design Online Properties, including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network or otherwise.

BY USING THE CONNATE DESIGN ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE CONNATE DESIGN ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Changes

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Connate Design Online Properties. Any such changes will become effective on the "Last Updated" date indicated above and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.

Your use of the Connate Design Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Connate Design Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the Connate Design Online Properties; or offer opportunities to some or all users.

Important Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 15 below, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 15 below, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 15 below, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in Section 16 below, the requirement that you indemnify Connate Home (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 18 below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Information Submitted Through the Connate Design Online Properties. Your submission of information through the Connate Design Online Properties is governed by Connate Home’s Privacy Policy, located below at https://www.connatehome.com/policies-terms (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Connate Design Online Properties is and will remain accurate and complete, and that you will maintain and update such information as needed.

Jurisdictional Issues

The Connate Design Online Properties are controlled or operated (or both) from the United States, and are not intended to subject Connate Home to any non-U.S. jurisdiction or law. The Connate Design Online Properties may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Connate Design Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Connate Design Online Properties' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Products

The Connate Design Online Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by Connate Home or by third parties. The availability through the Connate Design Online Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Connate Design Online Properties or through other sales channels such as telephone orders, mail orders or our physical stores (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information").

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.

By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Connate Design Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

We and our third-party payment service providers may request and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third-party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the Connate Design Online Properties and accepting this Agreement, you hereby authorize Connate Home and its third-party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt-out of providing updated card information. For more information, please contact your payment card issuer.

Restrictions

Connate Home reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed on line through the Connate Design Online Properties, via customer service, in a Store, in a Gallary, and/or in an Outlet, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though the Connate Design Online Properties, via customer service, in a Store, in a Gallery, and/or in an Outlet and/or to facilitate future Transactions you may initiate through the Connate Design Online Properties.

You may withdraw your consent permitting Connate Home to store your Payment Information by adjusting your settings in "My Account". Any changes to the terms of this consent permitting Connate Home to store your Payment Information will be communicated to you as described in Section 1 of this Agreement.

Refunds & Exchanges

Refunds and exchanges will be subject to Connate Home’s applicable refund and exchange policies. The refund and exchange policy for Transactions made through connatehome.com is available at https://www.connatehome.com/delivery-returns.

In the event that you have received a refund, an exchange and/or a temporary replacement Product for Product purchased through an Connate Home Site, via customer service and you have not returned that Product and/or the temporary replacement Product to us within ten (10) business days after you have received a refund, or you received a refund that was greater than the amount you paid, then you agree that we can hold and not process any pending and/or any future orders from you until we have received the Product or full payment from you. You also agree that if a Product for which you received a refund or exchange, or a temporary replacement Product is not returned to us within ten (10) business days after you are issued a refund, then we may utilize your current or future Payment Information to re-charge you for that Product at any time.
Shipping. Connate Home offers some shipping services subject to Connate Home's applicable shipping policies. The shipping policy for Transactions made through connatehome.com is available at https://www.connatehome.com/ delivery-returns.

Trade Customers & Contract Customers

If you are a trade customer as determined by Connate Home, then, in addition to this Agreement, the Trade Terms & Conditions will apply to you and your Transactions as a trade customer; such additional terms and conditions are generally made available in connection with the registration process for trade customers. If you are a contract customer as determined by Connate Home, then, in addition to this Agreement, the Contract Terms & Conditions will apply to you and your Transactions as a contract customer; such additional terms and conditions are generally made available in connection with the registration process for contract customers. To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the CH Member Terms & Conditions, those of the Trade Terms & Conditions and the CH Member Terms & Conditions will govern.

Gift Registries

We may make a gift registry service available to you through the Connate Design Online Properties. Any gift registry that you create with us (a "Gift Registry") must be for an event involving you or someone who has authorized you to create a Gift Registry on his or her behalf. If a user makes a Transaction using a Gift Registry, we will attempt to update such Gift Registry promptly to reflect such purchases, although we cannot guarantee that we will always be able to do so. We will attempt to keep a Gift Registry accessible for two (2) years after the date of the applicable event, although this time period is subject to change without notice in our discretion.

Registration, Usernames and Passwords

You may need to register to use all or part of any Connate Design Online Property. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Connate Home, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password or account for any Connate Design Online Property.

Rules of Conduct

In connection with the Connate Design Online Properties, you must not:
Post, transmit or otherwise make available through or in connection with the Connate Design Online Properties any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

Post, transmit or otherwise make available through or in connection with the Connate Design Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Use the Connate Design Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful.

Harvest or collect information about users of the Connate Design Online Properties.

Interfere with or disrupt the operation of the Connate Design Online Properties or the servers or networks used to make the Connate Design Online Properties available, including by hacking or defacing any portion of the Connate Design Online Properties, or violate any requirement, procedure or policy of such servers or networks.

Restrict or inhibit any other person from using the Connate Design Online Properties.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Connate Design Online Properties except as expressly authorized herein, without Connate Home’s express prior written consent.

Reverse engineer, decompile or disassemble any portion of the Connate Design Online Properties, except where such restriction is expressly prohibited by applicable law.

Remove any copyright, trademark or other proprietary rights notice from the Connate Design

Online Properties

Frame or mirror any portion of the Connate Design Online Properties, or otherwise incorporate any portion of the Connate Design Online Properties into any product or service, without Connate Home's express prior written consent.
Systematically download and store content of the Connate Design Online Properties.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or otherwise gather content from the Connate Design Online Properties, or reproduce or circumvent the navigational structure or presentation of the Connate Design Online Properties, without Connate Home’s express prior written consent.

Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites' root directories, Connate Home grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Connate Home reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Connate Design Online Properties.

Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Connate Home to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use. The Apps are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Connate Home to use the Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Apps on a mobile device that you own or control.

Connate Home's Proprietary Rights. We and our suppliers own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. Our trade names, trademarks and service marks, among others, include CONNATE DESIGN, CONNATE HOME, CD, CH, CONNATE LIFESTYLE and any associated logos. All trade names, trademarks, service marks and logos on the Connate Design Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Connate Design Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Third Party Materials; Links. Certain functionality of the Connate Design Online Properties may make available access to materials made available by third parties ("Third-Party Materials"), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Connate Home with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Connate Design Online Properties at any time. In addition, the availability of any Third-Party Materials through the Connate Design Online Properties does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") made available through the Connate Design Online Properties may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE CONNATE DESIGN ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) CONNATE HOME DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CONNATE DESIGN ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 14 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE CONNATE DESIGN ONLINE PROPERTIES.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CONNATE HOME AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").

While we try to maintain the timeliness, integrity and security of the Connate Design Online Properties, we do not guarantee that the Connate Design Online Properties are, or will remain, updated, complete, correct or secure, or that access to the Connate Design Online Properties will be uninterrupted. The Connate Design Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Connate Design Online Properties. If you become aware of any such alteration, please contact us by visiting https://www.connatehome.com/contact-us and providing a description of such alteration and its location.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CONNATE HOME WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE CONNATE DESIGN ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CONNATE HOME WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CONNATE HOME ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CONNATE HOME ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD-PARTY MATERIALS IS TO STOP USING THE CONNATE DESIGN ONLINE PROPERTIES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF CONNATE HOME FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CONNATE HOME TO USE THE CONNATE DESIGN ONLINE PROPERTIES; AND (2) TEN U.S. DOLLARS ($10).

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN
THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CONNATE HOME AND THE AFFILIATED ENTITIES.

Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Connate Home and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the Connate Design Online Properties; and (b) any violation or alleged violation of this Agreement by you.

Termination

This Agreement is effective until terminated. Connate Home may terminate or suspend your use of any or all of the Connate Design Online Properties at any time and without prior notice, including if Connate Home believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Connate Design Online Properties will immediately cease, and Connate Home may, without liability to you or any third-party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 2 through 9 and 11 through 24 shall survive any expiration or termination of this Agreement.

Governing Law. Arbitration

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CONNATE HOME, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CONNATE HOME AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Connate Home does not endorse any of the products or services listed on such site.

Information or Complaints

If you have a question or complaint regarding any of the Connate Design Online Properties, please contact us by visiting www.connatehome.com/contact-us. You may also contact us by emailing us to Connate Home at info@connatehome.com, Attn: Customer Service. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Connate Home. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Connate Home relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Connate Home relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Connate Design Online Properties or by email (including in each case via links), or by regular mail. Without limitation, 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. Connate Home will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

California Transparency in Supply Chains Act (SB 657) Disclosure. Connate Home is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.

Vendor Code of Conduct. Connate Home requires that vendors certify that they will comply with our Vendor Code of Conduct, which prohibits our vendors from using child labor or involuntary labor. Our Vendor Code of Conduct also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.

Monitoring of Compliance. We review the terms of our Vendor Code of Conduct with all of our suppliers and conduct periodic reviews of their facilities in order to confirm that they are in compliance with all required policies.

Training. We train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with the Vendor Code of Conduct, including its prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.

Corrective Action. In the event that a vendor were to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.

Privacy

Protecting your information is our priority. We recognize that your privacy is very important and take it seriously. This Privacy Policy is provided by Connate Design LLC (“Connate Design”, “Connate Home”, “we”, “our”, “us”) and governs data collection and usage on our website at (“Website” or “Service”).

Overview:

• We collect personal information from users of our website when it is voluntarily provided by you (see Collection of Your Personal Information below)
• We automatically collect browsing information from users of our website for advertising and analytical purposes (see Use of Cookies and Internet Based Advertising below)
• You can access, delete, and control certain uses of your information (see your choices about your Information below)
• We will not use or share your information with anyone except as described in this Privacy Policy

By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service. 

This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources.

Collection of Your Personal Information

The categories of information we may collect through this Website are:

(1) Personal Information – such as a name, email address, physical address, telephone number and any other information that identifies you as an individual person.

(2) Non-Personal Information – such as demographic information, general interests and information that has been aggregated or anonymized so that it does not identify you as an individual person.

(3) Browsing Information – such as information about your equipment, browsing actions, and patterns, information about your device and internet connection, including your IP address, operating system, and browser type, provided such information does not identify you as an individual person. 

Personal information is only collected from you when you voluntarily provide it to us. If you purchase Connate Home products, your billing and credit card information will be provided by you directly to our payment processor. They are only authorized by Connate Design to use this information to process your order. Connate Design will only receive the credit card type, last 4 numbers of the payment method, transaction date, transaction amount and a transaction ID.

Use of Cookies and Internet Based Advertising

We may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your device by a web page server. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Connate Design or Connate Home pages, or register with Connate Design or Connate Home site or services, a cookie helps Connate Design or Connate Home to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Connate Design or Connate Home website, the information you previously provided can be retrieved, so you can easily use the Connate Design or Connate Home features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Connate Design or Connate Home services or websites you visit.

We want our marketing efforts to be reflective of the interests and behaviors of our users. Therefore, we may work with third parties who collect information on our Website and elsewhere through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen our advertisements on other services.

For example, Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other web sites on the Internet. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

You do have the ability to control certain advertising practices. We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (DAA). 

The opt-out process through the DAA relies upon the placement of an opt-out cookie on your device. We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

Note: To opt-out of interest-based advertising in mobile applications, you can turn off mobile device ad tracking or reset the advertising identifier in your device settings.

Security of your Personal Information

Connate Design & Connate Home use a variety of physical, managerial, and technical safeguards to preserve the integrity and security of your information, based on the sensitivity of the information. We cannot, however, ensure or warrant the security of any information you transmit to Connate Design & Connate Home or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

The security of your information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the personal Information we have collected from you.

To secure your personal information from unauthorized access, use or disclosure, Connate Design & Connate Home uses a secure 3rd Party payment service. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We will retain your information for as long as necessary for our business purposes, subject to your rights set forth below.

International Transfer

Your information, including personal information, may be transferred to — and maintained on — servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the information, including personal information, to United States and process it there. Information stored in the United State may be subject to lawful requests by the courts or law enforcement authorities in the United States. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. We strongly advise you to review the Privacy Policy of every site you visit.

Our Website may have plugins from social media platforms. If you have a previous relationship with such social media platforms, then they may recognize you and combine information collected through this Website with information they already possess about you. As described in this Privacy Policy, we may work with social media platforms to target advertisements to you while you are on their services based on your visits to our Website.

Children Under 13

Protecting the privacy of young children is especially important. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with personal information, please contact us. If we become aware that we have collected personal information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Your Choices About Your Information

You are able to control the use of certain information as follows:

• Do not provide information – You may, of course, decline to submit information through the Service, in which case Connate Home may not be able to provide certain services to you.
• Update / correct – You may update or correct your account information and email preferences at any time by logging into your account.
• Delete / Modify / Copy – If you would like to delete, modify or receive a copy of your Personal
• Information, you may contact us at privacy@connatedesign.com
• Opt-out – If you would like to opt-out of promotional emails, you may contact us at info@connatehome.com
• Cookies – You may stop or restrict the placement of cookies on your device or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. Further information on cookies is available at allaboutcookies.org.
• Interest-Based Advertising – You can opt-out of certain targeted advertising by following the instructions in the Interest-Based Advertising section above.
• European Users – If you are located in the European Union, you have specific rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the“GDPR”), including the following:

• The right of access to your personal information
• The right to rectify your personal information if it is incorrect or in complete
• The right to have your personal information erased (“right to be forgotten”) if certain grounds are met
• The right to withdraw your consent to our processing of your personal information at any time (if our processing is based on consent)
• The right to object to our processing of your personal information (if processing is based on legitimate interests)
• The right to object to our processing of your personal information for direct marketing purposes
• The right to receive your personal information from us in a structured, commonly used and machine-readable format, and the right to transmit your personal information to another controller without hindrance from us (data portability)

You may contact us as provided below to exercise any of the above rights. We may request specific information from you to confirm your identity. Furthermore, if you believe that our processing of your personal information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country. 

We reserve the right to retain information as permitted by applicable law.

Changes to this Statement

Connate Design LLC will occasionally update this Privacy Policy. Connate Design LLC encourages you to periodically review this Privacy Policy to be informed of how Connate Design LLC is protecting your information.

 

CA Transparancy 

Connate Design, and its various subsidiaries, specifically including Connate Home, will be referred to as “the Company” throughout this document. At the Company, we take responsibility for ensuring that our economic activities support our social and environmental standards. In today’s international marketplace, we have become increasingly aware of our need to ensure that the Company and our agents and vendors treat individuals employed or engaged by them with the highest level of respect and regard for their rights.

Accordingly, we have adopted the amfori BSCI Code of Conduct for our ourselves, our suppliers and agents, and any other suppliers or producers working on their behalf, in relation to the production of goods for the Company (collectively, our “Business Partners”). As a founding member of the Business Social Compliance Initiative (BSCI), the Otto Group, our parent company, has developed industry-leading initiatives to prohibit human trafficking and slavery that we follow. The amfori BSCI Code of Conduct establishes principles that focus on labor protection and improving the working conditions of workers in the supply chain. Among many other relevant subjects, the amfori BSCI Code of

Conduct specifically addresses human trafficking and slavery, stating:

No Bonded Labor: Business partners shall not engage in any form of servitude, forced, bonded, indentured, trafficked or non-voluntary labour1.

Current Activities

The Company has taken specific actions to ensure compliance with the Code of Conduct and to ban human trafficking and slavery from our supply chain.

For example:

• Certification: Business Partners are required to certify in writing that they have read and will abide by the terms of the Code of Conduct. Requirements apply to primary manufacturing facilities and any material suppliers used in the products we purchase. Business Partners must guarantee and are responsible for acceptance of and compliance with the principles set forth in the Code of Conduct.
• Verification, Monitoring and Audit: The Company has embarked on a program to employ a third-party auditor to conduct verification activities to identify, assess and manage the risks of human trafficking in our supply chain and to monitor, audit and ensure compliance with the Code of Conduct. Each direct Business Partner must identify to the Company in writing all production sites used in or tangential to the production of goods or services of any kind for the Company. Then, on a periodic basis, at the Company’s request, each such Business Partner must submit itself and each of its production sites to social audits and/or audits of books and records and/or to a review of its (and its suppliers’) compliance with the Code of Conduct. Such audits and reviews may be conducted by the Company or by its third-party auditor and may be announced or unannounced. When any non-compliance is discovered, the Company requires immediate remedial action. If a Business Partner is unable or unwilling to comply, or if non-compliance is material or repeated, the Company reserves the right to terminate its relationship with any Business Partner or to require the Business Partner to terminate any of its suppliers working for such partner on the Company’s products or services.
• Training: The Company trains its Sourcing team members in our ethics and social responsibility standards. This routine training includes, among other things, a review of our Code of Conduct and sustainable sourcing guidelines, with a focus on mitigating violations and encouraging compliance by our Business Partners. 
• Internal Accountability: The Company requires prompt notification from its Business Partners of any violation of the Code of Conduct. We follow up on any and all reports we receive, and we strictly prohibit retaliation or discipline of any kind, whether by an associate of the Company or a Business Partner, against any person or entity as a result of making a report or raising a concern about compliance.
• Corrective Action. In the event that a vendor was to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.

   

1 amfori BSCI, amfori BSCI Code of Conduct, https://www.amfori.org/sites/default/files/amfori%20BSCI%20COC%20UK_0.pdf (last visited March 20, 2020), 7.

 

Contact Information

Connate Design LLC welcomes your questions or comments regarding our Terms & Conditions, Privacy Policy, and CA Transparency

Please contact us at:

            Connate Design, LLC 

            8335 Sunset Boulevard, Suite 201,

            West Hollywood, California, 90069

            info@connatehome.com