Grafiti Home, Inc.
TERMS AND CONDITIONS
Last Updated: January 1, 2024
The following terms and conditions (the “Agreement”) govern all use of the Grafiti Home’s website located at www.7thavenue.co (together with any other Grafiti Home websites and mobile applications – the “Website”), products (such as sofas – “Products”) and associated services (such as Product delivery and installation, “Additional Services”) (collectively, all of the foregoing, is the “Service”).
The Service is owned and operated by Grafiti Home, Inc. (“Grafiti Home”, “us”, “we”, or “our”). The Service (and any Product purchase) is offered subject to your acceptance without modification of all the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, OR PURCHASING ANY PRODUCT FROM GRAFITI HOME, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Grafiti Home reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. If we have your email address, we will notify you via email. In addition, we will update the “Last Updated” date above.
The Service – and the purchase of any Product - is available only to individuals who are at least 18 years old. If you are under 18 you must have the consent and involvement of a parent or legal guardian. You represent and warranty that if you are an individual, you are at least 18 years old or have the consent and involvement of a parent or other legal guardian You also certify that you take full responsibility for the selection and use of the Service and the purchase of any Terms & Conditions 2 Products. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
1. ARBITRATION AND CLASS ACTION WAIVER
WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE SECTION 17 (“DISPUTE RESOLUTION”) BELOW FOR MORE INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THIS AGREEMENT.
2. Product and Pricing Information
While we endeavor to fulfill all orders, Grafiti Home cannot guarantee the availability of any particular Product displayed through the Service.
We reserve the right to discontinue the sale of any Product listed through the Service at any time without notice.
Prices and availability of Products are subject to change without notice. The prices displayed on our website may differ from prices displayed on our mobile sites and applications or in stores, catalogs or marketing communications. Pricing of Products may differ from store to store.
3. Planning Tools
The Service may include, or provide links to, certain webpages, applications, or other digital tools that may be used to help you plan or visualize the placement of a Product in your home or other location (collectively referred to as “Planning Tools”). Planning Tools are for personal, noncommercial use only. Planning Tools may be operated by Grafiti Home or our third-party technology provider(s).
When you use a Planning Tool, you acknowledge and agree that the Planning Tool is for illustrative purposes only, and should not be deemed to constitute, or be Terms & Conditions 3 used as, final plans, specifications, details, or designs for any project or interior design plans.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW GRAFITI HOME HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS PERTAINING TO THE USE, ACCURACY, SUITABILITY, COMPLETENESS, SAFETY AND LEGAL COMPLIANCE OF ALL, OR ANY PORTION, OF ANY DESIGN, PLAN, SPECIFICATIONS, DETAILS OR DESIGNS DEVELOPED THROUGH, IN PART OR IN WHOLE, THE USE OF A PLANNING TOOL, INCLUDING, WITHOUT LIMITATION, COLOR, MEASUREMENTS, DIMENSIONS, MATERIALS, WEIGHT, OR OTHERWISE. YOU AGREE THAT GRAFITI HOME (AND, IF APPLICABLE, ITS THIRD-PARTY PLANNING TOOL TECHNOLOGY VENDOR(S)) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND ARISING FROM, OR RELATED TO, YOUR USE OF A PLANNING TOOL OR ANY PROJECT OR INTERIOR DESIGN PLAN IMPLEMENTED BASED ON THE USE OF A PLANNING TOOL.
4. Fees
Fees for purchasing Products (and related Additional Services) will be as set forth by Grafiti Home on the Website (collectively, " Fees"). All amounts are due in U.S. Dollars. You acknowledge and agree that Grafiti Home may use a third-party payment processor to help facilitate payments hereunder. To the extent payment is with a credit card – you warrant you are the owner or authorized user of the applicable card – and that we, and our payment processor, may charge such card. All information you submit in connection with your purchase (such as your email, address, etc.) must be true, accurate and up-to-date.
You are responsible for all taxes associated with your purchase (other than taxes based on Grafiti Home’s income).
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Except as otherwise set forth by Grafiti Home in our Returns, Exchanges, & Warranty policy – all purchases and Fees are non-cancellable and nonrefundable.
5. Shipping
For all regarding the shipping of Products, please see our Shipping & Delivery policy.
6. Reviews
We may provide you areas on the Website to leave reviews or ratings regarding Grafiti Home, our Website, the Products, or other aspects of the Service. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the Product, Service, or matter being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews including, Terms & Conditions 5 without limitation, as part of marketing and promotional materials and campaigns in any media (digital, print, etc.).
7. Other Restrictions
You shall not submit any content or information to the Service that is false, misleading or inaccurate.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Grafiti Home reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Grafiti Home server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You shall not reverse lookup, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Grafiti Home, including any Grafiti Home account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Grafiti Home’s systems or networks, or any systems or networks connected to the Service or to Graffiti Home.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Graffiti Home on or through the Service. You shall not, in connection with the Service, pretend (e.g. through impersonation) that you are any other person.
You shall not use the Service for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Grafiti Home or others.
8. Feedback
If you provide ideas, suggestions, or other feedback to Grafiti Home in connection with the Service or Products (such as suggestions for improvements to the Service or Products) ("Feedback"), you acknowledge that the Feedback is not confidential and you grant Grafiti Home (and our successors and assigns) a perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free, fully paid-up right and license to use, reproduce, display, perform, distribute, sell, and otherwise fully exploit all Feedback.
9. Third-Party Additional Service Offerings
IN CONNECTION WITH YOUR PURCHASE OF A PRODUCT, THE SERVICE MAY ALLOW YOU TO PURCHASE INSTALLATION SERVICES (“THIRD-PARTY ADDITIONAL SERVICE OFFERINGS”). YOU ACKNOWLEDGE AND AGREE THAT SUCH SERVICES ARE NOT PROVIDED BY GRAFITI HOME, INC. OR OUR AFFILIATES OR EMPLOYEES. THIRD-PARTY ADDITIONAL SERVICE OFFERINGS Terms & Conditions 7 ARE PROVIDED BY THIRD-PARTY PROVIDERS THAT ARE NOT OWNED OR CONTROLLED BY GRAFITI HOME, INC OR OUR AFFILIATES OR EMPLOYEES. WE MAKE SUCH OFFERINGS AVAILABLE FOR YOUR PURCHASE VIA THE WEBSITE SOLELY FOR CONVENIENCE. YOU ENGAGE SUCH THIRD-PARTY PROVIDERS AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT GRAFITI HOME IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND ANY THIRD-PARTY ADDITIONAL SERVICE OFFERING PROVIDER (SUCH AS FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR THEFT THEY CAUSE). IF GRAFITI HOME ELECTS TO HELP RESOLVE ANY SUCH DISPUTE, IT DOES SO ONLY AS A COURTESY. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU RELEASE GRAFFITI, OUR AFFILIATES, AND THEIR AND OUR OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE THIRD-PARTY ADDITIONAL SERVICE OFFERING. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
10. Third-Party Websites and Applications
The Service may permit you to link to other third-party websites or applications or services, and other websites or applications or services may contain links to the Service. Such third-party websites, applications, and services are not under Grafiti Home’s control, and you acknowledge that Grafiti Home is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of them. The inclusion of any such link does not imply endorsement by Grafiti Home. You further acknowledge and agrees that Grafiti Home shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Terms & Conditions 8 content, goods, information, or services available on or through any such offerings, websites, or services.
11. Indemnification
You shall defend, indemnify, and hold harmless Grafiti Home and each of our employees, contractors, directors, providers, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, suits, demands, proceedings, costs and expenses, including attorneys' fees, that arise from or in connection with: (i) your use or misuse of the Service; (ii) your procurement or use of any Third Party Additional Service Offering (including any matters contemplated by Section 9 above), (iii) any reviews or content you submit to the Website, (iv) your negligence, misconduct, or other fault, or (v) your violation of this Agreement.
12. Product Warranty; Warranty Disclaimer
PRODUCTS ARE WARRANTED ONLY AS SET OUT IN OUR LIMITED LIFETIME WARRANTY.
EXCEPT FOR SUCH PRODUCT WARRANTY, THE SERVICE (INCLUDING ALL PRODUCTS) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GRAFITI HOME MAKES NO WARRANTY THAT (I) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A PURCHASER, YOU ACKNOWLEDGE AND AGREE THAT GRAFITI HOME MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD-PARTY ADDITIONAL SERVICE OFFERING.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitation of Liability
IN NO EVENT SHALL GRAFITI HOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $5.00 (U.S.).
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A PURCHASER, YOU ACKNOWLEDGE AND AGREE THAT GRAFITI HOME IS NOT LIABLE FOR ANY THIRD-PARTY ADDITIONAL SERVICE OFFERING OR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. AS A PURCHASER, YOU PROCURE AND USE THIRD-PARTY ADDITIONAL SERVICE OFFERINGS ENTIRELY AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A PURCHASER, YOU ALSO ACKNOWLEDGE AND AGREE THAT GRAFITI HOME IS NOT LIABLE FOR ANY DAMAGE TO A PRODUCT CAUSED DURING SHIPMENT (SUCH AS CAUSED BY THE THIRD-PARTY SHIPPER).
WITHOUT LIMITING THE FOREGOING, ALL USERS ACKNOWLEDGE AND AGREE THAT THAT GRAFFITI HOME IS NOT LIABLE FOR THE IPFS (INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL ISSUES, ERRORS, DOWNTIME, OR VIRUSES).
IN ADDITION, ALL USERS ACKNOWLEDGE AND AGREE THAT GRAFITII HOME SHALL NOT BE LIABLE FOR ANY MATTERS BEYOND GRAFITI HOME’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE ACTS AND OMISSIONS OF ANY THIRD-PARTY ADDITIONAL SERVICE OFFERING PROVIDER, OR ANY MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Term and Termination
Grafiti Home may terminate your access to all or any part of the Service at any time, with or without cause. You can terminate this Agreement by permanently ceasing to use the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, limitations of liability, and outstanding payment obligations.
15. Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or through the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
16. Notices
All legal notices to Grafiti Home must be addressed in writing, and sent by registered or certified mail, to: Grafiti Home, Inc., 19201 S Reyes Ave Compton, CA 90221 (Attn: Legal).
If you have general questions regarding this Agreement or the Service, you may also email us at support@7thavenue.co.
Grafiti Home may provide notices to you via email and to any other address you provide.
17. Dispute Resolution
Let's Try To Work It Out. Ideally, if you have any concerns or complaint against Grafiti Home, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Grafiti Home, you agree to try to resolve the dispute informally by contacting us as set forth in Section 16 above. Grafiti Home will attempt to resolve the dispute informally (and will contact you via email or phone). If a dispute is not resolved within thirty (30) days of submission, you may bring a formal proceeding.
Arbitration. Any disputes that are not settled informally as contemplated above shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the American Arbitration Association (“AAA”). The Rules will be AAA’s Consumer Arbitration Rules if available. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules. In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Los Angeles, California using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “Going to Court” section below) at any time.
Process. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Grafiti Home at: Grafiti Home, Inc., 19201 S Reyes AveCompton, CA 90221 (Attn: Arbitration). In the event we initiate arbitration against you, we will send a copy of the completed form to the email address or physical address we have on file.
Evidence. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents we and you submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the Terms & Conditions 12 discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees. The parties’ will each bear their own costs and expenses associated with arbitration – and responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
No Class Actions. You may only resolve disputes with Grafiti Home 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 are not allowed.
Modifications. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the foregoing arbitration terms or conditions (other than an amendment to any notice address or site link) in the future, such amendment shall not apply to any claim that was filed in a legal proceeding against Grafiti Home prior to the effective date of the amendment. In addition, you shall have the reject any such amendment by notifying Grafiti Home in writing within thirty (30) days of the date that you are first notified of the amendment (according to the procedures set forth above in this Section 17). In the event you so reject an amendment, the amendment will not apply to you – but this Section 17 will otherwise remain in fully force and effect (according to the preamendment version you had already agreed to).
Going to Court. Subject to the arbitration provision above, you agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in Los Angeles, California. You hereby submit to such jurisdiction and venue.
THE TERMS AND CONDITIONS IN THIS SECTION 17 WILL NOT APPLY TO THE EXTENT PROHIBITED OR OTHERWISE.
18. Notice to New Jersey Residents
No provision this Agreement shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Grafiti Home’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Grafiti Home’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to this Agreement, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
19. Electronic Communications, Transactions, and Signature
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, Terms & Conditions 14 rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means
20. Website Content
Unless otherwise indicated, the Website is Grafiti Home’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
21. General
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Grafiti Home’s prior Terms & Conditions 15 written consent. Grafiti Home may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Graffiti Home in any respect whatsoever.
