Changes to the Terms
BDG may modify these Terms at any time. Those modified Terms will become effective immediately after BDG posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate BDG’s copyright, trademark, and other proprietary and intellectual property rights.
Modification of the Site
BDG reserves the right to modify, suspend, and/or discontinue (temporarily or permanently) the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that BDG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. BDG may change the information and materials on the Site from time to time at its discretion.
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to BDG that you meet the foregoing age requirement. BDG will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
When you visit the Site, make a purchase from the Site, or send e-mails to BDG, you are communicating with BDG electronically. You consent to receive communications from BDG electronically. BDG will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that BDG provides to you electronically satisfy any legal requirement that such communications be in writing.
If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BDG reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Personally Identifiable Information
BDG may collect personal data or personally identifiable information (collectively, “Personal Data”) from users in a variety of ways, including but not limited to when users visit our Site, register on the Site, place an order, subscribe to our newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. We also capture some information about your device, such as your IP address, and information related to your visit to our Site, such as the time-stamp, the page(s) or product(s) you viewed, and your log-in. All of this information is considered “Personal Data.” Users may, however, visit our Site anonymously. We will collect Personal Data from Users only if they voluntarily submit such information to us. Users can always refuse to supply Personal Data, except that it may prevent them from engaging in certain Site-related activities. Users may also request that we delete their Personal Data, which may result in a User’s inability to continue to engage in certain Site-related activities.
Sharing Your Personal Information
We do not sell, trade, or rent Personal Data to others. We may share generic aggregated demographic information not linked to any Personal Data regarding visitors and Users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.
We use an external provider to run our store, “Stripe,”. Stripe is based in the United States and is a participant in the EU-US Privacy Shield Framework and committed to providing best-in-class service and data protection. You can check Stripe’s participation in the Privacy Shield on the official site of The International Trade Administration (ITA), U.S. Department of Commerce (www.privacyshield.gov).]
How We Use Collected Information
BDG may collect and use Personal Data for the following purposes:
- To personalize user experience
We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Site. We may also use your specific Personal Data to remember you when you log in again, so that you do not need to re-authenticate yourself, to let you browse between products and pages more easily, to remember if you put something in your shopping cart before you decide to checkout or leave the Site, and to ensure that your Personal Data is processed securely.
- To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service
Your information helps us to respond more effectively to your customer service requests and support needs.
- To process transactions
We may use the information users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature
To send users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
The email address users provide for order processing will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If a user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the user may contact us via our Site.
Transmission of Information and Other Materials Via the Site
BDG welcomes your comments and suggestions about the Site and BDG’s products and services, but BDG does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to BDG via the Site, including but not necessarily limited to emails, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Unsolicited Information”) will not be considered confidential or proprietary, even if the Unsolicited Information is labeled “Confidential” or “Proprietary.” Further, BDG will own all Unsolicited Information you submit to it via the Site, and by submitting the Unsolicited Information to BDG, you irrevocably assign to BDG all worldwide rights, title, and interest in and to that Unsolicited Information. BDG will be free to reproduce, use, disclose, and distribute Unsolicited Information to others without limitation or liability. BDG may use any ideas, concepts, know-how or techniques in the Unsolicited Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Unsolicited Information, without providing any notice, compensation, or attribution to you.
BDG owns the Site and owns or has the right to use all of the content on the Site, including all text, designs, plans, drawings, images, graphics, photographs, video clips, audio clips, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, CAD, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent BDG’s express written permission as to particular Content on the Site, you may use the Content only for informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for personal, informational purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit any of the Content, in whole or in part, without BDG’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any end user license agreement that we provide for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
BDG or its affiliates own or license all trademarks, service marks, and trade names on the Site, including (but not necessarily limited to) “Bainbridge,” “Bainbridge Design Group,” “BDG,” “BDG Collection,” and all Style names, unless stated otherwise on the Site. You may not use any of these marks in any manner without BDG’s prior express written permission.
Except as expressly provided above, BDG is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of BDG or any third party. You obtain no rights in the products, designs, drawings, services, equipment, processes, or technology described on this Site by accessing or using the Site. BDG and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on BDG actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Bainbridge Design Group, LLC
2723 E. 15th Street
Tulsa, Oklahoma 74104
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: [email protected]
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms titled “Intellectual Property”; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate BDG, a BDG employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm BDG or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.
References to Other Companies/Links to Other Websites
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimers of Warranties
BDG offers and displays products and services on the Site as reasonable representations of the potential configuration, design, specification, and/or functioning of its products and services. However, BDG does not guarantee that the representations of the products and services are accurate or that each product will be available. BDG provides its products and services pursuant to specific purchase and service agreements which set forth all applicable terms and conditions, including warranty terms and exclusions (collectively, “Terms of Sale”). Carefully read any such sale or service agreement and the Terms of Sale. BDG disclaims and excludes any and all express and implied warranties for the products and/or services which are not set forth in the sale or service agreement and the Terms of Sale, whether or not information on the products and/or services appears in the Site.
BDG expressly disclaims all warranties, responsibility, and liability for adherence to building codes, housing regulations, and similar laws and regulations. You understand and agree that it is your sole responsibility, and specifically not the responsibility of BDG, to ensure that all plans, products, and services that you purchase from the Site are reviewed by a licensed architect and engineer for compliance with all laws, regulations, and codes. You are solely responsible for all licensing and permitting requirements for any structure. By using the Site and/or purchasing any products, services, plans or designs from the Site, you have not engaged BDG in any capacity, including but not limited to as an architect, and you agree that no relationship has been established between you and BDG apart from the purchase and sale of any such products or plans AS IS. You agree that BDG shall not be liable to you for any direct, punitive, indirect, incidental, special, or consequential damages resulting from any defect or deficiencies in any structure or the installation of any structure based in whole or in part on any plans, products, or services provided to you via this Site.
BDG disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. BDG disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. BDG does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. BDG and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE, AND THE PRODUCTS AND PLANS PROVIDED VIA THE SITE, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. BDG DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE AND FROM ANY PLANS AND PRODUCTS THAT YOU PURCHASE FROM THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL BDG, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”) OR THE PRODUCTS AND PLANS ADVERTISED ON THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM BDG, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (E) YOUR USE OF THE PLANS OR PRODUCTS PURCHASED FROM THE SITE. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT, THE PRODUCTS, OR THE PLANS PROVIDED ON THE SITE. YOU SPECIFICALLY AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY BASED ON ANY CLAIMS WHATSOEVER IN ANY WAY RELATING TO YOUR PURCHASE AND USE OF THE PRODUCTS AND PLANS ON THE SITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR SUCH PRODUCTS AND PLANS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless BDG, its affiliates, licensors, Site Providers, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, (d) your use of the products or plans that you purchase from the Site, or (e) your violation of these Terms.
These Terms will be governed by the laws of the State of Oklahoma, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in Oklahoma state courts located in the counties of Osage, Rogers, Tulsa, or Wagoner, Oklahoma or the United States District Court for the Northern District of Oklahoma. BDG and you consent to the jurisdiction of those courts.
Limitation on Time to File Claims
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. BDG’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If you have any questions regarding the Site or these Terms, please contact us at:
Bainbridge Design Group, LLC
2723 E. 15th Street
Tulsa, Oklahoma 74104
or email us at: [email protected]
Last updated: November 4, 2020