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Terms Of Website Use

Terms of Use

 www.Irregularchoice.com

 

Last Updated: November 2009

 

Welcome to www.irregularchoice.com (the "Website"), operated by Design Asylum Retail, Inc., a Delaware corporation (“Operator”, "we", "our", or "us") with offices at 276 Lafayette Street, New York, NY 10012.  The Website enables anonymous visitors to the Website ("Visitors") to browse the Website, and Visitors who register with us as further described below (“Registrants”), to use additional functionality of the Website and to purchase our products through the Website.  The terms “you” and “yours” when used herein refers to either Registrants and Visitors or to both Registrants and Visitors collectively, as applicable.   This terms of use (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.

 

1. Agreement.

 

1.1 Acceptance.  Please read the Agreement carefully and print off or save a copy for your records.  In order to use the Website, you must first agree to be bound by the Agreement.  Registrants indicate that they have read and agree to be bound by the terms and conditions set forth in the Agreement either (i) by means of a click-through consent where such an option is provided to them, or (ii) in the absence of such an affirmative consent, by accessing the Website.  If you do not agree to be bound by the Agreement, you are not authorized to use the Website.  Furthermore, you are not authorized to use the Website and may not accept the Agreement if you are not eighteen (18) years of age or older and of the age of majority in your state of residence. 

 

1.2 Modification.  We reserve the right to modify the Agreement at any time.  You agree to review the Agreement periodically to be aware of such modifications.  You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified version of the Agreement.  We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning of the Agreement.  If you do not agree to abide by any modified version of the Agreement, then you are not authorized to use the Website.  A current version of the Agreement is accessible via the footer of the Website’s homepage. 

 

2. Registrants.

 

2.1       Use of Functionality; Profile; Account.  If you wish to purchase products through the Website, you must register an account (“Account”) with us and you will receive a user ID and password (“Profile”) to access your Account.  If you do not wish to purchase products but wish to use certain interactive Website functionality (e.g., message boards, ratings, blogs), you will need to register with us by providing us with limited information about yourself so that we can identify you (e.g., your name and email address) but unless you purchase products you will not be assigned a Profile and Account.  For the sake of clarity, either type of registrant is referred to in the Agreement as a “Registrant”.  Registrants who set-up an Account agree not to allow any third party to use their Profile to access any portion of the Website and to safeguard the information that would allow another person to access the Website by using their Profile.  Such Registrants also agree that they are fully responsible for all activities that occur under their Account, including without limitation their failure to safeguard information and/or to permit any other person to access or use the Website using their Account.  No Profile or Account may be sold or otherwise transferred to another person.  Registrants who have an Account agree to notify Operator immediately of any unauthorized use of their Profile, Account or the Website.   Registrants and Visitors agree that Operator shall not be liable for any loss that results from the unauthorized use of any Profile or Account, either with or without an Account holder’s knowledge.

 

2.2 Accurate Information.  Each Registrant agrees to provide us with accurate, complete and current information during registration and when making a purchase, and to update information provided to us if and as soon as such information should change.

 

2.3       Revocation of Registration; Blocking Use.  Each Registrant agrees that Operator has the right to (i) revoke such Registrant’s Account and/or (ii) block access of such Registrant to the Website, if such Registrant has breached any of the terms of the Agreement, as applicable and as determined by Operator in its sole discretion.

 

3. Commercial Transactions. The purchase of products through the Website are governed by the terms and conditions of the Agreement and several of our other policies, which are hereby incorporated by reference and which can be viewed by clicking on the following links:  ____________, _____________, ____________, ____________,  In the event of any conflict between the provisions of the Agreement itself and any of the other policies referenced above, the terms and conditions of such other policies shall control. 

 

3.1 Products.  Our products are offered for sale through the Website.  In the event you wish to purchase any of these products, you will be asked by Operator or an authorized third party on Operator’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information.  You agree to comply with the terms and conditions of any ancillary agreement or policy on the Website which governs your purchase of any product.

 

3.2 Availability; Payments.  Your right to any product that is available for purchase through the Website is conditional on such product’s availability and our receipt of the appropriate payment for such product.  If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your Account.  You agree to be fully responsible for all charges made under your Account.

 

3.3 Taxes. You shall be responsible for paying all applicable taxes arising out of any purchase made by you or otherwise made under your Account through the Website.  

 

3.4 Shipping; Risk of Loss.  Please carefully review our shipping rates at . You acknowledge and agree that your only remedy for failures, delays or interruptions with respect to the ordering and delivery of products through the Website is limited to a refund for such products, as described further below.  All products ordered through the Website are purchased and acquired by you “AS IS” and “WHERE IS”.

 

3.5 Product Descriptions.  We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant or represent that all such descriptions are complete, current or error-free.      

 

3.6 Returns.  If you make a purchase based on any error in a product description or in the event that your purchase is delivered in error, your sole remedy shall be to return such item to us within thirty (30) days of your receipt thereof, unused and in its complete original packaging, for a full refund. In order to receive your refund, the returned product must be accompanied by a note from you explaining in detail how the product differs from its Website description.   Otherwise, if you have purchased a product offered through the Website that you wish to return to us, you must adhere to our Return Policy located at www.irregularchoice.com.  

 

4.         Content.

 

4.1 Content and Submitted Content.  Operator offers you the opportunity to post certain Content (as hereinafter defined) to the Website in connection with certain interactive Website features (“Submitted Content”).  You acknowledge and agree that (i) Operator has no obligation to use or respond to any Submitted Content; (ii) the provision of Submitted Content by you in no way imposes any other obligation on Operator, whether of confidentiality, attribution, or otherwise, and Operator shall not be liable for any use or disclosure of any Submitted Content; (iii) all Submitted Content submitted by you shall be accurate and shall not violate the copyright, trademark, patent, trade secret or other intellectual property right of any third party; (iv) you will not post any Submitted Content to the Website which contains third party names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names (collectively, “Trademarks”) or other third party materials, (v) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any alteration, distortion or other use of your name, image or likeness or that of any third party which is included in any Submitted Content (including without limitation your photograph or the photograph of a third party), (vi) you will not post any Submitted Content to the Website that was previously published or which is otherwise unoriginal, and (vii) Submitted Content may be subject to size and usage limitations, and you are responsible for adhering to such limitations.  Content” means various materials, including without limitation all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content appearing on the Website.

 

4.2 Quality and Review of Submitted Content.  You acknowledge and agree that Operator does not and shall not have any obligation to review Submitted Content, and therefore we do not guarantee the accuracy, integrity or quality of Submitted Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submitted Content will not appear on the Website.  Notwithstanding the foregoing or anything to the contrary herein, you acknowledge and agree that Operator has the absolute right to review and monitor all Submitted Content in our sole discretion, and that Operator reserves the right to alter, edit, refuse to post or remove any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Registrants, Visitors or service providers, all in our sole discretion.  You agree that you shall immediately notify Operator in writing of any objectionable Submitted Content or other Content appearing on the Website.

 

4.3 Grant of License to Submitted Content.  By submitting Submitted Content to us, you automatically grant, and represent and warrant that you have the right to grant to Operator, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submitted Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submitted Content (in whole or in part) and/or to incorporate such Submitted Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submitted Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere.  Operator shall not be limited in any way in its use, commercial or otherwise, of any such Submitted Content, and you hereby waive any moral rights in, or approval rights to, such Submitted Content.  Further, we reserve the express right to incorporate any Submitted Content posted to the Website or otherwise conveyed by any Registrant to Operator into any further work, in any medium now or hereafter known, without prior consent or review, and without attribution or payment of any royalty or fee whatsoever.

 

5. Intellectual Property.

 

5.1       Copyright.  The Website contains various Content which is protected by the copyright laws of the United States and/or other jurisdictions.  Other than for Submitted Content submitted by you, you acknowledge and agree that (i) as between you and Operator, all right and title in and to all Content belongs to Operator; and (ii) except for that information which is in the public domain or for which you have been given express written permission by Operator, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Operator or, where applicable, our licensors.  However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein.

 

5.2       Copyright Agent.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident.  Operator's copyright agent for notice of claims of copyright infringement can be reached as follows:

 

Name: Daniel Sullivan

Address: 276 Lafayette Street, New York, 10012

Telephone: 212 334-3404

Email: enquiries@designasylum.com

 

We suggest that you consult your legal advisor before filing a notice with Operator’s copyright agent.  You should note that there can be penalties for false claims under the DMCA.  Operator will, in appropriate circumstances and to the extent plausible, terminate the right of Visitors or Registrants who infringe the rights of copyright holders to interact with certain portions of the Website.

 

5.3 Trademarks. Unless otherwise indicated, all Trademarks appearing on the Website are Operator’s trademarks or those of our licensors, sponsors, suppliers or other third parties as indicated and are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without but not limited to distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Operator or the appropriate third party, you agree that you will not use any Trademark of any individual or entity in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademark.

 

5.4 Removal of Notices.  You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices.

 

5.5 Name, Image, and Likeness. Without limiting any other provisions of the Agreement, you agree that if any of your Submitted Content includes the name, image or likeness of any person, you represent and warrant that you have the exclusive and irrevocable right to exploit, and to permit others to exploit, the name, image and likeness of such person, and to use any photograph and/or other image of such person, however reproduced or depicted, in your sole discretion, and free and clear of any obligation of compensation to you or anyone else, and you hereby transfer all such rights to Operator.

 

6. Usage Restrictions. In addition to the other terms and conditions in the Agreement, you agree not use the Website in any manner that:

 

(a) is designed to interrupt, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses or any other computer code, files or programs);

 

(b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;

 

(c) infringes any copyright, trademark, trade secret, patent or other right of any party, exploits the name, image or likeness of any person, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

 

(d)  consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
causes us to lose (in whole or part) the services of our internet service providers or other suppliers;

 

(e)  links to materials or other content, directly or indirectly, to which you do not have a right to link;

 

(f)  is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically offensive, or otherwise objectionable, as determined by Operator in its sole discretion;

 

(g) violates, or encourages anyone to violate, this Agreement or any other policies appearing on the Website; or

 

(h)  violates, or encourages anyone to violate, any applicable local, state, national, or international law.

 

You further agree that you shall not (and you shall not permit any person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Website or any portion thereof, unless such activity is expressly permitted required by law, or unless you have been specifically granted such right in writing by Operator. 

 

7.        Links; Third Party Websites. The Website may provide links to third party websites that we believe may be of possible interest to you.  Because we have no control over such websites, you acknowledge and agree that we do not endorse such websites and are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party.  Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and you acknowledge and agree that your use of all such websites is subject to such terms and not to the terms and conditions of the Agreement. You understand that by using any third party website linked to from the Website, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. 

 

8. DISCLAIMER OF WARRANTIES.   YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS", “WHERE IS” AND "AS AVAILABLE".  NEITHER OPERATOR, NOR ANY OF ITS AFFILIATES, SUBSIDIARIES AND EACH OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, OR ASSIGNS (COLLECTIVELY, THE “OPERATOR PARTIES”) ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ALL CONTENT PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS REGARDING YOUR USE OF THE WEBSITE OR ANY OF OUR PRODUCTS.   NONE OF THE OPERATOR PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR ANY CONTENT OR SUBMITTED CONTENT APPEARING THROUGH THE WEBSITE.  NONE OF THE OPERATOR PARTIES MAKES ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE WEBSITE, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY PRODUCTS OR CONTENT APPEARING ON THE WEBSITE OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY SUCH PRODUCTS OR CONTENT.  SPECIFICALLY, THE OPERATOR PARTIES DISCLAIM (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY PRODUCTS, AND (II) ALL OTHER WARRANTIES WHICH ARE NOT EXPRESSLY GRANTED HEREIN.  YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE WILL ANY OF THE OPERATOR PARTIES BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF (I) YOUR INTERACTION WITH ANY PERSON WITH WHOM YOU COMMUNICATE THROUGH THE WEBSITE, (II) ANY SUBMITTED CONTENT, INCLUDING WITHOUT LIMITATION THE OFFENSIVE, INDECENT, DEFAMATORY, INFRINGING OR OTHERWISE OBJECTIONABLE NATURE OF ANY SUBMITTED CONTENT TO WHICH YOU ARE EXPOSED, (III) YOUR USE OF OR RELIANCE ON ANY PRODUCT OFFERED FOR SALE OR OTHERWISE DISPLAYED ON THE WEBSITE, OR (IV) ANY OTHER USE BY YOU OF THE WEBSITE.

 

9.         LIMITATION OF LIABILITY.

 

9.1       IN NO EVENT SHALL ANY OF THE OPERATOR PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT OR SUBMITTED CONTENT OBTAINED FROM OR THROUGH THE WEBSITE), WHETHER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, OR ANY OTHER INTANGIBLE LOSS OR DAMAGE.  IN NO EVENT SHALL ANY OF THE OPERATOR PARTY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE EXCEED THE LESSER OF (I) THE CUMULATIVE AMOUNT OF PAYMENTS MADE TO OPERATOR BY YOU (IF APPLICABLE) OVER THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY, OR (II) ONE THOUSAND DOLLARS ($1,000).

 

9.2       THE LIMITATIONS ON THE LIABILITY OF ANY OPERATOR PARTY TO YOU IN THIS SECTION 9 SHALL APPLY WHETHER OR NOT ANY SUCH OPERATOR PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.

 

10.  Representations and Warranties.  You represent and warrant that (i) you accept and will abide by the terms of the Agreement, the Privacy Policy (as hereinafter defined) and any other policy posted the Website, and (ii) the posting of Submitted Content by you does and shall not violate any terms and conditions to which you are bound under the Agreement, any other applicable agreement, or any applicable laws or regulations.  

 

11. Indemnification. You agree to indemnify, defend and hold harmless each of the Operator Parties from all claims, demands, actions or damages (actual and consequential, direct and indirect) of every kind and nature, including without limitation reasonable attorneys' fees and disbursements, made by any third party due to or arising out your breach of any of your representations, warranties, covenants or obligations under the Agreement or your violation of any law or regulation.  You shall provide all applicable Operator Parties with prompt written notice of any claim covered by this Section 11, and you shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such Operator Party, and each such Operator Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof.  You agree not to enter into any settlement that any of the Operator Parties believes is adverse to its interests without receiving the prior written consent of each such party.  None of the Operator Parties shall not be obligated to participate in any settlement which such party reasonably believes would have an adverse effect on such party’s business interests.          

 

12.  Privacy.  Operator views the protection of your privacy as an important responsibility.  The terms regulating the handling of personally identifiable information (“PII”) and other information submitted by you in connection with the Website is described in our Privacy Policy, which can be found at [www.irregularchoice.com].  By using the Website, you consent to the collection and use of your PII and other information by us as described in the Privacy Policy.

 

13.       No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Operator by the Agreement.

 

14.       Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Design Asylum Retail, Inc., Attn: Daniel Sullivan, 276 Lafayette Street, New York, NY 10012 and to a Registrant at the address listed in such Registrant’s Account.  Notice shall be deemed given three (3) days after the date of such mailing.

 

15.     Governing Law; Jurisdiction. You acknowledge and agree that the Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof.  You hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of New York, State of New York, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

 

16.        Timely Filing of Claims.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE INCLUDING WITHOUT LIMITATION YOUR USE OF THIS WEBSITE, MUST BE FILED BY YOU PURSUANT TO SECTION 15 ABOVE WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN. 

 

17. Assignment. You agree not to resell or assign your rights or obligations under the Agreement. You agree that the Agreement may be automatically assigned by Operator, in its sole discretion, to a third party.

 

18.       Validity; Section Headings.  If any provision of the Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

19. Waiver.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Operator does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Operator has the benefit of under any applicable law), this will not be taken to be a formal waiver of Operator’s rights and that those rights or remedies will still be available to Operator

 

20.       Survival.  The provisions of the Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and Operator.

 

21. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at nystore@designasylum.com or write to us at Design Asylum Retail, Inc., Attn: Daniel Sullivan, 276  Lafayette Street, New York, NY 10012.