Nagwa Seif Interior Design, Inc. TERMS OF SERVICE
Last Updated: November 7, 2024
Nagwa Seif Interior Design, Inc., a California corporation (“Nagwa Seif Interior Design, Inc., Nagwa Seif Interior Design, NSID, the Company,” “we” “our,” or “us,”) provides and makes available Virtual Consultation Services (as defined in Section 1 below) subject to these Terms of Service (hereinafter, these “Terms”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING THE ACCESS AND USE OF THE VIRTUAL CONSULTATION SERVICES BETWEEN YOU AND NAGWA SEIF INTERIOR DESIGN, INC.
PLEASE NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS (INCLUDING BUT NOT LIMITED TO SECTIONS 8, 11, 16) WHICH, WITH LIMITED EXCEPTION, REQUIRE:
THAT YOU SUBMIT DISPUTES YOU HAVE AGAINST NAGWA SEIF INTERIOR DESIGN, INC. TO BINDING AND FINAL ARBITRATION, AND
THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. IN ADDITION, PLEASE BE ADVISED THAT NAGWA SEIF INTERIOR DESIGN, INC. DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU AS SET FORTH IN SECTIONS 8 AND 13.
ACCEPTANCE OF THESE TERMS. By accessing or using the Virtual Consultation Service in any manner, including, but not limited to, visiting or browsing the Site, and/or placing orders to purchase any Products and/or Services (all as defined in Section 1 below):
you expressly acknowledge that you have read, understand, and you agree to be bound by all the terms and conditions set forth in these Terms, including, without limitation, any additional terms, policies or agreements specified and/or referenced below or otherwise incorporated into these terms,
you expressly affirm, represent and warrant that you meet all of the eligibility requirements set forth in Section 2 of these Terms and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and
if you use the Virtual Consultation Service and/or purchase any Products, Services, and/or Consultations on behalf of another person, or an entity, organization, or company, you represent and warrant that you have the authority to bind that person, entity, organization, and/or company to these Terms and you agree to be bound by these Terms on behalf of that person, entity, organization, and/or company (in which case, “you” and “your” as used throughout these Terms shall also refer to such other person, entity, organization, and/or company).
YOU MAY NOT ACCESS OR USE THE VIRTUAL CONSULTATION SERVICE (OR ANY PART THEREOF) IF YOU DO NOT AGREE TO THESE TERMS, DO NOT HAVE THE REQUISITE AUTHORITY, OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 2 BELOW.
DEFINITIONS
“Consultations” mean interior design consultations provided by Nagwa Seif Interior Design, Inc. that may be purchased by users of the Virtual Consultation Service on www.nsinteriordesign.com.
“Content” means any and all messages, photos, video, audio, images, data, information, text, communications, materials, documentation, and/or content.
“Products” means the home goods and products that users may purchase through Nagwa Seif Interior Design, Inc.
“Services” means, the Virtual Consultation Services and/or any other services we provide or make available to you in connection with your use of the Virtual Consultation Service.
“Site” means the website of Nagwa Seif Interior Design, Inc. at www.nsinteriordesign.com.
“Nagwa Seif Interior Design, Inc. Content” means the Content that is created by or on behalf of Nagwa Seif Interior Design, Inc. and made available through or in connection with the Virtual Consultation Service or the Site.
“Third Party Content” means Content that originates from and/or is owned or provided by individuals, persons, or entities other than Nagwa Seif Interior Design, Inc. which is made available through or in connection with the Virtual Consultation Services.
“Trade Vendor” means a third-party vendor from which Nagwa Seif Interior Design, Inc. may purchase or refer Products on behalf of users.
“Trade Vendor Terms” means the terms and conditions of the applicable Trade Vendor with respect to your purchase of Products through us from such Trade Vendor, including, but not limited to, those pertaining to shipping, delivery, installation, returns, and/or refund policies.
“User Submissions” means any and all Content, including, but not limited to, any reviews regarding the Products and Services, submitted, transmitted, and/or otherwise provided or made available by or on behalf of users in connection with the use of Nagwa Seif Interior Design, Inc. Virtual Consultation Services.
2. ELIGIBILITY. You must be at least 18 years old to purchase Products, Services and/or Consultations. You affirm and represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction or older, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
3. ADDITIONAL TERMS & POLICIES
Generally. When using particular services or materials through or in connection with the Virtual Consultation Service you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including without limitation, any posted privacy notice, purchase terms and conditions, return policies, text service terms and conditions, and/or infringement policies (collectively, the “Additional Terms”). All such Additional Terms, including, without limitation, the Additional Terms listed below in this Section 3, are hereby incorporated into and made a part of these Terms by reference. In the event the provisions of any Additional Terms, if any, conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
Privacy Policy. If you provide us any personal information in connection with your access and/or use of the Virtual Consultation Service, Nagwa Seif Interior Design, Inc. will process such personal information as described in these Terms and any Additional Terms as defined above. By using the Virtual Consultation Service, you acknowledge and agree that Nagwa Seif Interior Design, Inc. can process your information in accordance with these Terms and any Additional Terms.
4. MODIFICATIONS TO THESE TERMS. Nagwa Seif Interior Design, Inc. reserves the right to update or modify these Terms and/or any Additional Terms at any time. If you do not agree to any updates or modifications to these Terms and/or any Additional Terms, simply do not use or access the Virtual Consultation Service or purchase any Products, Services and/or Consultations from Nagwa Seif Interior Design, Inc. If you continue to access or use the Virtual Consultation Service (or any part thereof) or purchase any Products, Services and/or Consultations after the applicable effective date of the revised Terms and/or Additional Terms, that will constitute your acceptance of the revised Terms.
5. ACCOUNTS; COMMUNICATIONS; USER SUBMISSIONS
Electronic Communications. By using the Virtual Consultation Service, you consent to receiving electronic communications from Nagwa Seif Interior Design, Inc., including, notices posted on our Site, or sent to you via email and, if you have opted-in to our Text Service, via text, text message. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Virtual Consultation Service and/or purchase of any Products, Services and/or Consultations, and are part of your relationship with Nagwa Seif Interior Design, Inc.. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
User Submissions. To the extent you post, submit, transmit, and/or upload, or otherwise provide any User Submissions, you grant Nagwa Seif Interior Design, Inc. a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Submissions, in whole or in part, in connection with your use of the Virtual Consultation Service and/or Consultations, and as reasonably necessary to provide Nagwa Seif Interior Design Inc.’s Virtual Consultation Service to you and other users. Nagwa Seif Interior Design, Inc. will only use User Submissions as provided in these Terms and/or any applicable Additional Terms, or as may be required by law.
Ownership & Responsibility for User Submissions. Subject to the licenses you grant us in these Terms, as between Nagwa Seif Interior Design, Inc. and you, you will retain ownership of your User Submissions. You acknowledge and agree that you, and not Nagwa Seif Interior Design, Inc. are solely responsible for any User Submissions submitted, transmitted and/or contributed by you, including the legality, reliability, accuracy and appropriateness of such User Submissions. By providing User Submissions, you represent and warrant that: (a) you own or control all rights in and to User Submission, and have the necessary rights to grant the licenses granted to Nagwa Seif Interior Design, Inc. in these Terms; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Submissions, or any personally identifiable information therein, in connection with the use of Nagwa Seif Interior Design, Inc. Service and/or Consultations; and (c) all User Submissions do and will comply with these Terms.
6. USE OF Nagwa Seif Interior Design Inc.’s Virtual Consultation Service
Limited Rights to Access the Site. Subject to your compliance with these Terms, Nagwa Seif Interior Design, Inc. hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Site, over the internet, and view the Service Content, made available through the Site, in each case on a non-commercial basis, and otherwise in accordance with these Terms.
Prohibited Use. By using Nagwa Seif Interior Design Inc.’s Virtual Consultation Service, you agree that you will not, and will not permit any other person to:
Modify, adapt, translate or create derivative works based on Nagwa Seif Interior Design, Inc.’s Virtual Consultation Service (or any part thereof) or any Service Content (other than your User Submissions);
Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Site, except as expressly permitted by applicable law;
Distribute, license, sublicense, assign, transfer or otherwise make available to any third party Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service or any Service Content (other than your User Submissions);
Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Nagwa Seif Interior Design, Inc. or its suppliers on or within Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service or any Service Content;
Store, transmit, or upload any material and/or content through or in connection with the use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, or engage in any behavior in connection with your use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or any Consultations, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in Nagwa Seif Interior Design, Inc.’s reasonable opinion;
Use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service to store or transmit malicious code or any material in a way that violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity;
Use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) and/or any Service Content to hack, spam, or phish Nagwa Seif Interior Design, Inc. Virtual Consultation Service, and/or any other users;
Interfere with or disrupt the integrity or performance of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) or any system, network or data, or take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Nagwa Seif Interior Design, Inc.'s technology infrastructure or otherwise make excessive traffic demands of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service;
Attempt to gain unauthorized access to Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) or its related systems or networks, including, without limitation, bypassing any “captcha” requirements or similar precautions;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, features that prevent or restrict the use or copying of any Service Content, or features that enforce limitations on the use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service;
Frame or utilize framing techniques to enclose Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Service Content, or any portion thereof;
Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Service Content (except caching or as necessary to view the Service Content), or the personal information of others without our prior written permission or authorization;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Operate to defraud Nagwa Seif Interior Design, Inc., it’s users, or any other person or provide false, inaccurate or misleading information;
Access and/or use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof), Service Content, and/or any Consultations for the purpose of developing competitive products or services;
Use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Service Content, or provide any User Submissions, other than in accordance with these Terms and/or any Additional Terms (if applicable); or
Use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or any Service Content in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.
Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Service Content (but excluding your User Submissions), Products, Services and/or Consultations, including, without limitation, the functioning, features, and other characteristics of the Site, Services, and/or Service Content (or any component thereof) and any reviews you post regarding the Products, Services, Consultations and/or Trade Vendors (“Feedback”) may be used by Nagwa Seif Interior Design, Inc. without compensation or attribution to you, and you hereby grant Nagwa Seif Interior Design, Inc., its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for Nagwa Seif Interior Design, Inc. to use and exploit for any purpose.
Proprietary Rights. As between you and Nagwa Seif Interior Design, Inc. and its licensors retain all right, title and interest in and to Nagwa Seif Interior Design, Inc. Content and Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, including, but not limited to, the visual interfaces, interactive features, graphics, design, compilation, our selection, coordination, aggregation, and arrangement of Service Content, computer code, products, software, aggregate star ratings, and all other elements and components of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (but excluding any User Submission and Third Party Content), and any and all modifications, enhancements and updates to any of the foregoing. All Nagwa Seif Interior Design, Inc. trademarks, tradenames, service marks, logos and branding are strictly owned by Nagwa Seif Interior Design, Inc., and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any trademark, tradename, service mark, logo and/or branding of Nagwa Seif Interior Design, Inc. without written authorization from Nagwa Seif Interior Design, Inc.. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or Service Content may be the trademarks of their respective owners. Nagwa Seif Interior Design, Inc. reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Nagwa Seif Interior Design, Inc.. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (and its underlying technology) and Nagwa Seif Interior Design, Inc. Content are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
Recording and Usage of Sessions. Recording of sessions is permitted only with prior consent from both parties. If recorded, the session may only be used for your personal reference. Unauthorized use, reproduction, or distribution of recorded content is prohibited. You hereby consent to Nagwa Seif Interior Design, Inc. using recordings for training purposes.
7. THE VIRTUAL CONSULTATION SERVICE. The terms and conditions set forth in this Section 7 shall apply to you if you engage with and/or purchase any Consultation offered through Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service.
Consultations. If you decide to purchase a Virtual Consultation from Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service you acknowledge and agree that you will be required to and shall pay the applicable fees for the Consultation (the “Consultation Fees”). The Consultation Fees shall be paid through the payment processing methods available through Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service in accordance with and as set forth in Section 9 below.
Service Description: The Virtual Consultation Services include a 25-minute or 55-minute video call session aimed at providing interior design guidance based on the client’s needs. During these sessions, the designer will address specific design-related questions, suggest ideas, and offer guidance on topics such as:
• Floor plan
• Furniture and home decor selection
• Stores and brands to consider
• Styling (surfaces, sofas, beds, walls etc.)
• Paint/wall treatments
• Drapery/window treatments
• Cabinetry and built-ins
• Fixtures, finishes, and trimwork
• Lighting
• Tile selection
• Color palette
• Construction and remodel ideas / second opinions
• Career advice for aspiring designers
• Guidance / second opinion for professional designers
• Color schemes
Additional time spent addressing inquiries, whether via email, phone, or otherwise, is not included unless explicitly stated in a separate agreement; should you require further time for the same, you understand that Nagwa Seif Interior Design, Inc. has no obligation to respond to such additional requests for information without a further agreement executed between the parties. Further, project management, in-person site visits/measurements/assistance, moodboards, CAD drawings, and purchasing assistance are not included unless explicitly stated in a separate agreement.
Booking and Payment Terms:
• Booking: Sessions must be scheduled through www.nsinteriordesign.com. Clients will receive a confirmation email with a meeting link once the booking is scheduled and paid for.
• Payment: Payment is required in full at the time of booking to secure the appointment. Accepted payment method is PayPal. If payment is not received prior to the session, the booking may be canceled.
• Rates: The prices are listed on the Virtual Consultation page for 25-minute sessions and 55-minute sessions.
Consultation Cancellations and Rescheduling.
Client-Initiated Cancellations: Subject to these terms, Clients may cancel or reschedule their appointment up to 72 hours before the scheduled time for a full refund minus any non-refundable payment processing fees incurred during the original transaction. These fees typically amount to a percentage of the transaction value charged by the payment processor and are not refundable. Cancellations made within 72 hours of the appointment will be non-refundable.
Rescheduling: Rescheduling requests must also be made at least 72 hours in advance. If a session is rescheduled with less than 72 hours' notice, a rescheduling fee of $100 may apply.
In addition, you are allowed one cancellation or reschedule between each completed Consultation. Any cancellations and/or reschedules beyond that will politely be declined and you will not be refunded.
Designer-Initiated Cancellations: In the rare event that the designer needs to cancel the session, the client will be offered a full refund or the option to reschedule at no additional cost.
No Show Policy: If the client does not show up for the scheduled session within 10 minutes of the agreed start time without prior notice, the session will be considered a "no-show," and no refund will be issued. Rescheduling will require booking a new session at full price.
8. YOUR DEALINGS WITH TRADE VENDORS
Identity Disclaimer. Please note that Nagwa Seif Interior Design, Inc. does not currently conduct any verification of or background checks on any Trade Vendors. Nagwa Seif Interior Design, Inc. does not represent, warrant or guarantee the identity of any Trade Vendors and whether any Trade Vendors are trustworthy. You are solely responsible for making your own decisions about the suitability of Trade Vendors whom you contact, communicate, transact or interact with in connection with your use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, including, but not limited to, any Consultations and/or Products purchased by you.
Your Dealings with Trade Vendors. You acknowledge, understand, and agree that, except solely with respect to Nagwa Seif Interior Design, Inc.'s payment processing and/or order placement obligations (as applicable) with respect to the fees paid by you through Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service for Consultations and/or Products from Trade Vendors purchased by you, any agreement(s), understandings, interactions, communications, and/or dealings between you and any Trade Vendors, including, but not limited to, the Consultation and/or any Products purchased by you from Trade Vendors and the applicable Trade Vendor Terms (all of the foregoing, collectively, “Dealings”), shall be solely between you and the Trade Vendor, and Nagwa Seif Interior Design, Inc. shall not be a party to any Dealings, or have any responsibility or liability for such Dealings and/or the performance of the Trade Vendor of its obligations under or in connection with any such Dealings. You further acknowledge, understand and agree that any problems or disputes between you and any Trade Vendor and/or with respect to any Dealings between you and any Trade Vendor (collectively, “Your Disputes”) must be resolved solely between you and such Trade Vendor. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, Nagwa Seif Interior Design, Inc. DOES NOT WARRANT, ENDORSE, OR GUARANTEE THE OUTCOMES OF ANY CONSULTATIONS. ALL CONSULTATIONS ARE OFFERED WITH THE UNDERSTANDING THAT THE FINAL DECISIONS AND ACTIONS TAKEN BY YOU REMAIN AT YOUR SOLE AND ENTIRE RISK. FURTHER, Nagwa Seif Interior Design, Inc. DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING VENDORS, PRODUCTS, AND CONTRACTORS. YOUR USE OF ANY THIRD-PARTY PRODUCTS OR SERVICES SHALL BE AT YOUR SOLE AND ENTIRE RISK. Nagwa Seif Interior Design, Inc. IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, HARM, OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH CONSULTATIONS OR DEALINGS WITH THIRD PARTIES. YOU AGREE THAT Nagwa Seif Interior Design, Inc. HAS NO OBLIGATION TO BECOME INVOLVED IN ANY SUCH DISPUTES.
Release. YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, HEREBY EXPRESSLY RELEASE, DISCHARGE, AND HOLD Nagwa Seif Interior Design, Inc. AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, SUCCESSORS, AND ASSIGNEES (COLLECTIVELY, THE “RELEASED PARTIES”) HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR FINANCIAL LOSS), DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO VIRTUAL CONSULTATIONS OR ANY PRODUCTS PURCHASED FROM THIRD-PARTY VENDORS THAT MAY HAVE BEEN REFERRED TO DURING CONSULTATIONS. Nagwa Seif Interior Design, Inc. DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY VENDORS OR PRODUCTS DISCUSSED DURING CONSULTATIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER OR ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, HER OR IT MUST HAVE MATERIALLY AFFECTED HIS, HER OR ITS SETTLEMENT WITH THE RELEASED PARTIES.”
9. FEES; PAYMENT TERMS
Fees for Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and Consultations; Payment Terms. The fees payable by you in connection to your use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or the purchase of Consultations shall be set forth in the applicable electronic submission (each, a “Booking”) submitted by you to obtain access to Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or purchase the Consultations. You agree to, and shall, pay Nagwa Seif Interior Design, Inc. and hereby authorize Nagwa Seif Interior Design, Inc. and its third party payment processors to charge you, the fees, charges and taxes, specified in the booking submitted by you to Nagwa Seif Interior Design, Inc. for access to Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or the purchase of any additional Consultations, in accordance with the payment terms specified therein. You will be asked to supply certain information relevant to your Booking including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and/or your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) provided by you in connection with any Booking. By submitting such information, you grant Nagwa Seif Interior Design, Inc. the right to provide such information to our third party service providers for purposes of facilitating the completion of Bookings initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Booking.
Gift Cards. We may offer the ability to purchase gift cards (“Gift Cards”) for use to purchase Consultations. All Gift Card purchases are non-refundable. Gift Card purchases are solely redeemable for a Consultation or a portion of a Consultation. Only one Gift Card can be used per Consultation booking.
Promotions; Discounts. We may from time to time offer discounts, credits, offers, or promotions (collectively, “Promotions”) Promotions will be subject to the applicable terms and conditions presented with the Promotion (the “Promotion Terms”). Promotions: (a) are limited to one use per person, per household, unless the Promotion Terms state otherwise and are for your own personal non-commercial use, and may not be shared with any other person, (b) are valid for full-price items/services only; does not include clearance, price-matched or marked-down items/services, unless otherwise expressly included as part of the Promotion; (c) are not valid for any excluded products, services, brands or other exclusions listed in the Promotion Terms; (d) are not valid for (and will not be applied against) any taxes and shipping fees; (e) cannot be applied to previous purchases/services or the purchase of Gift Cards and cannot be redeemed for cash; (f) are only valid while supply lasts; and (g) are void where prohibited. In addition, the Promotion Terms are subject to change and the Promotion is subject to end at any time, in Nagwa Seif Interior Design, Inc.'s sole discretion, without notice.
Returns; Cancellation. Except as otherwise expressly set forth in these Terms, the Purchase Terms and Conditions, and/or Return Policy, or as required by law, all purchases of Products, Services and/or Consultations are final, non-refundable, and non-cancellable. Refunds, if any, shall be issued back to the original form of payment.
Changes to Fees & Payment Terms. We may at any time and from time to time, in our sole discretion, change the fees, pricing models, charges, and/or payment terms, or add new fees, pricing models, charges, and/or payment terms applicable to Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Consultations and/or purchase of Products through Trade Vendors.
10. THIRD PARTY INTEGRATIONS, THIRD PARTY CONTENT, SERVICES & LINKED SITES
Third Party Integrations. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service may integrate and/or enable you to utilize certain third-party products, services and/or applications (including, without limitation, including, without limitation, data products and services) in connection with the use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service which are not owned, controlled, or operated by Nagwa Seif Interior Design, Inc.and are subject to separate terms and conditions (collectively, “Third-Party Integrations”). For example, we may integrate with single sign-on services, which enable you to log into your Account using your sign-on credentials through a third party account (such as, Google), and Nagwa Seif Interior Design, Inc. may use services such as Zoom, Google Meet, or Microsoft Teams video conferencing to provide Consultations, each of which are a Third Party Integration. Your use of any Third-Party Integrations is governed by the terms and conditions, terms of service, and/or similar end user agreements of the respective service providers. The Third-Party Integrations are not part of or included in the term “Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service” as used through these Terms, and are operated and controlled by the applicable third-party providers of the Third-Party Integrations. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND FOR COMPLYING WITH THE APPLICABLE TERMS OF SERVICE AND PRIVACY NOTICES FOR SUCH THIRD-PARTY INTEGRATIONS. FAILURE TO COMPLY MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT WITH A THIRD-PARTY INTEGRATION PROVIDER AND INABILITY TO USE A PARTICULAR FEATURE OR SERVICE WE OFFER.
Third Party Content, & Services & Linked Sites. We may publish and/or make available Third Party Content on or through Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service and/or links or advertisements to certain third-party websites, products and/or services (collectively, “Linked Sites & Ads”). Nagwa Seif Interior Design, Inc. may receive payment or a commission if you purchase any services, products, applications, and/or goods offered by or through the providers of such Linked Sites & Ads (collectively, the “Third-Party Integrations”); however, the Linked Sites & Ads and the applicable Third-Party Services are not controlled or owned by Nagwa Seif Interior Design, Inc.. If you decide to use such Linked Sites & Ads and/or any Third-Party Services, be advised that your use is governed solely by the terms and conditions of the respective providers of such Linked Sites & Ads and/or the Third-Party Services. YOU ARE RESPONSIBLE FOR REVIEWING AND COMPLYING WITH THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY NOTICES FOR SUCH LINKED SITES & ADS AND/OR THIRD-PARTY SERVICES.
11. INDEMNIFICATION. You agree to, and shall indemnify, defend and hold harmless Nagwa Seif Interior Design, Inc., its employees, contractors, service providers, vendors, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms and/or any other Additional Terms, (b) violation of any license or other agreement applicable to any Third Party Integrations; (c) failure to perform and/or comply with your obligations and responsibilities applicable to any Consultations purchased by you, (d) your use or alleged misuse of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) and/or any Service Content, (e) your use and/or misuse of the Consultations you purchase, (f) your User Submissions; and/or (g) any of your Dealings and Your Disputes. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
12.TERMINATION & CHANGES TO Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service
Termination. These Terms will remain in full force and effect as long as you continue to access or use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof), or until terminated in accordance with the provisions of these Terms. You may terminate at any time ceasing all use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service. At any time, Nagwa Seif Interior Design, Inc.may suspend or terminate your rights to access or use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof), and/or terminate these Terms with respect to you, if Nagwa Seif Interior Design, Inc., in good faith, believes that you have used Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) in violation of these Terms and/or any Additional Terms. Upon termination of these Terms, your Account and your right to use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service will automatically terminate. The provisions of Sections 1, 2, 5, 6., 7, 8, 9, 10, 13, 15, 16 and 17, together with any other Sections and/or provisions in any Additional Terms and/or any rights and obligations herein or in any Additional Terms which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
Changes and Modifications. Nagwa Seif Interior Design, Inc.reserves the right to either temporarily or permanently modify, suspend, remove, or discontinue Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (in whole or in part) and/or any Products and Services offered through or in connection with Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, at any time, with or without notice. You agree that Nagwa Seif Interior Design, Inc.will not be liable to you or to any third party for any modification, suspension, removal or discontinuance of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof) and/or any Products or Services.
13. DISCLAIMERS OF WARRANTIES & LIMITATIONS ON OUR LIABILITY
Disclaimer of Warranties - Generally. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, SERVICE CONTENT, CONSULTATIONS, AND/OR ANY OTHER MATERIALS PROVIDED BY Nagwa Seif Interior Design, Inc., ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE”. Nagwa Seif Interior Design, Inc. AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Nagwa Seif Interior Design, Inc.AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (OR ANY PART THEREOF), SERVICE CONTENT, PRODUCTS, CONSULTATIONS, OR ANY OTHER MATERIALS PROVIDED BY Nagwa Seif Interior Design, Inc.OR IN CONNECTION WITH Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INTEGRATIONS; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Nagwa Seif Interior Design, Inc., ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO TRADE VENDORS, OR THROUGH Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service ANY SERVICE CONTENT, AND/OR CONSULTATIONS, SHALL CREATE ANY WARRANTY.
Disclaimer – Product Information, Colors; Product Listings. ALL INFORMATION PROVIDED AND/OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service AND/OR CONSULTATIONS REGARDING THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY INFORMATION, IMAGES, PICTURES AND/OR MATERIALS INCLUDED IN PRODUCTS LISTINGS, AND/OR ANY INFORMATION ABOUT THE VENDOR OF THE PRODUCTS (COLLECTIVELY, “Product Information”) IS PROVIDED FOR INFORMATIONAL PURPOSES AND PERSONAL USES ONLY. YOU UNDERSTAND AND AGREE THAT Nagwa Seif Interior Design, Inc.USES COMMERCIALLY REASONABLE EFFORTS TO DISPLAY THE COLORS OF THE PRODUCTS ACCURATELY ON THE SITE. HOWEVER, BECAUSE INDIVIDUAL COMPUTER MONITORS AND/OR DEVICES MAY DISPLAY COLORS DIFFERENTLY, Nagwa Seif Interior Design, Inc.IS NOT RESPONSIBLE FOR THE COLOR ACCURACY OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. Nagwa Seif Interior Design, Inc.ASSUMES NO LIABILITY WHATSOEVER FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS RELATED TO ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, COLOR ACCURACY OF ANY PRODUCTS DISPLAYED OR LISTED ON THE SITE. YOUR USE OF OR RELIANCE UPON ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMAGES OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.
Disclaimer – Third Party Content, Integrations, Sites, Products and Services. Nagwa Seif Interior Design, Inc.DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO ANY THIRD- PARTY CONTENT, THIRD PARTY, INTEGRATIONS, LINKED SITES AND/OR THIRD-PARTY SERVICES (ALL OF THE FOREGOING, “THIRD PARTY PRODUCTS AND/OR SERVICES”), THEIR CONTENT OR THE MANNER IN WHICH THE PROVIDERS OF SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES HANDLE YOUR DATA. IN ADDITION, Nagwa Seif Interior Design, Inc.IS NOT AND WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY THIRD- PARTY PRODUCTS AND/OR SERVICES. Nagwa Seif Interior Design, Inc.IS NOT AND SHALL NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR ACCESS OR USE OF ANY THIRD-PARTY PRODUCTS AND/OR SERVICES, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES. YOUR USE OF AND RELIANCE ON ANY THIRD-PARTY PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nagwa Seif Interior Design, Inc.BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, AND ANY OTHER ADDITIONAL TERMS (INCLUDING THOSE REFERENCED HEREIN), Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (OR ANY PART THEREOF), SERVICE CONTENT, PRODUCTS, CONSULTATIONS, AND ANY OTHER MATERIALS PROVIDED BY OR ON BEHALF OF Nagwa Seif Interior Design, Inc., WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF Nagwa Seif Interior Design, Inc.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION:
IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO Nagwa Seif Interior Design, Inc.BY YOU UNDER THE APPLICABLE ORDER WITH RESPECT TO THE PRODUCTS, SERVICES, AND/OR CONSULTATIONS GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00);
FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES;
FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR
FOR ANY MATTER BEYOND Nagwa Seif Interior Design, Inc.'s REASONABLE CONTROL.
THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nagwa Seif Interior Design, Inc.DISCLAIMS ALL LIABILITY OF ANY KIND OF Nagwa Seif Interior Design, Inc.'s LICENSORS AND SUPPLIERS.
Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 13 may not apply to you where prohibited. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in this Section 13 are fundamental elements of the basis of the agreement between Nagwa Seif Interior Design, Inc. and you. Nagwa Seif Interior Design, Inc. would not be able to provide Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, Service Content, and/or Products on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Nagwa Seif Interior Design, Inc.'s suppliers.
14. NOTICE TO CALIFORNIA RESIDENTS. Pursuant to California Civil Code Section 1789.3, Nagwa Seif Interior Design, Inc.provides users of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
15. AVAILABILITY OF Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service is operated by Nagwa Seif Interior Design, Inc. in the United States from its offices in Irvine, CA. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service is intended for users who reside in the United States of America. Information describing Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service may be accessible worldwide but this does not mean Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, or certain portions thereof, are available in your country. If you access and use Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Nagwa Seif Interior Design, Inc.may restrict access to Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service is legal in your country of residence. Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service may not be available or accessible in all languages.
16. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. These Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety and the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA are expressly excluded from this Agreement. The Federal Arbitration Act and federal arbitration law apply to the agreement to arbitrate by the parties set forth in this Section 16.
Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and Nagwa Seif Interior Design, Inc. arising out of or relating to these Terms, any Additional Terms, Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof), any Service Content, and/or the purchase of any Products (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
Agreement to Arbitrate. In the interest of resolving Disputes between you and Nagwa Seif Interior Design, Inc. in the most expedient and cost-effective manner, and except as described herein, you and Nagwa Seif Interior Design, Inc. agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the “Agreement to Arbitrate”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND Nagwa Seif Interior Design, Inc. WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the Agreement to Arbitrate.
Notice of Arbitration; Instituting Proceedings. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Nagwa Seif Interior Design, Inc.'s address for Notice is: info@nsinteriordesign.com. Subject Line: Notice of Dispute. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and Nagwa Seif Interior Design, Inc. agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received by the other party, you or Nagwa Seif Interior Design, Inc.may commence an arbitration proceeding, as set forth above. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
Arbitration. Any arbitration between you and Nagwa Seif Interior Design, Inc.will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Section. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be heard and determined by a single, neutral arbitrator mutually agreed on by you and Nagwa Seif Interior Design, Inc.(provided, if you and Nagwa Seif Interior Design, Inc. cannot agree within 30 days from commencement of the claim, the arbitrator will be selected in accordance with the AAA Rules); (b) the arbitration will take place at a location within the county you reside or the county where Nagwa Seif Interior Design, Inc.’s office is located, as determined by Nagwa Seif Interior Design, Inc., or another location mutually agreed on by the parties, but will be conducted solely by telephone, online, or based solely on written submissions (except as set forth below or unless you and we agree otherwise); (c) the arbitration must not involve any witnesses (unless we and you agree otherwise); and (d) any judgment on the arbitrator's rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA's rules about whether the arbitration hearing has to be in-person. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you commence arbitration in accordance with these Terms and your claim in total is less than $10,000 USD, Nagwa Seif Interior Design, Inc.will reimburse up to $300.00 of the filing fees paid by you, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, Nagwa Seif Interior Design, Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim is frivolous.
Exceptions to Arbitration. If you have in any manner violated or threatened to violate any of Nagwa Seif Interior Design, Inc.'s intellectual property rights, Nagwa Seif Interior Design, Inc. may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
Opting-Out of Arbitration. If you do not wish to resolve Disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you agree to these Terms by sending an opt-out notice via email to us at: info@nsinteriordesign.com; Subject Line: Arbitration Opt-Out Notice, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Nagwa Seif Interior Design, Inc. receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described herein will govern any action arising out of or related to these Terms. The remaining provisions of this Section 16 will not be affected by your Opt-Out Notice.
No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH Nagwa Seif Interior Design, Inc. ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.
Enforceability; Venue. If the Agreement to Arbitrate is found not to apply to your or our claim, you and Nagwa Seif Interior Design, Inc. agree that any judicial proceeding will be brought in the federal or state courts local to Nagwa Seif Interior Design, Inc. Offices. Both you and Nagwa Seif Interior Design, Inc. consent to venue and personal jurisdiction there.
Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Nagwa Seif Interior Design, Inc.'s Virtual Consultation Service (or any part thereof), Service Content, and/or Products provided or made available by Nagwa Seif Interior Design, Inc.hereunder must be filed within one (1) year after completion of Nagwa Seif Interior Design, Inc.’s services hereunder completed, otherwise that claim or cause of action will be barred forever.
17. GENERAL. Neither the rights nor the obligations arising under these Terms and/or any Additional Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms and/or Additional Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms and/or any Additional Terms shall not be deemed a waiver of that right. If any term or provision of these Terms and/or any Additional Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and/or any Additional Terms (as applicable) and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms and/or any Additional Terms (as applicable). The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or any Additional Terms and/or its performance shall be construed as creating a joint venture or agency between Nagwa Seif Interior Design, Inc. and you. Nagwa Seif Interior Design, Inc. may delegate the performance of any services hereunder to its affiliates and contractors. These Terms, the Additional Terms, including, but not limited to, any posted privacy notice, purchase terms and conditions, return policies, text service terms and conditions, and/or infringement policies and any other policies or terms and condition referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. Any notice to you may be provided by email. The headings of Sections of these Terms and the Additional Terms are for convenience and are not to be used in interpreting these Terms and/or the Additional Terms (as applicable). As used in these Terms and any Additional Terms, the word “including” means “including but not limited to.” You agree that neither these Terms nor any Additional Terms will be construed against Nagwa Seif Interior Design, Inc. by virtue of having drafted them. The official text of these Terms and the Additional Terms (and any notice submitted hereunder or thereunder) will be in English. The parties acknowledge that they require that these Terms and the Additional Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms and/or any Additional Terms, reference will be made only to these Terms and/or any Additional Terms (as applicable) as written in English and not to any translation into another language. Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
18. QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at info@nsinteriordesign.com if you have any questions about these Terms.