These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us.
If you have any questions, comments or concerns about these Terms, please contact us at firstname.lastname@example.org
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services; and (d) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
3. Registration and Accounts
In order to access and use certain areas or features of the Services, including to make any purchases, you will need to register for a Pasargad Home account. When registering as a member, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) do not share your account credentials with others; and (e) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account.
4. Terms of Sale
These Terms govern the purchase and sale of products and services from and by Pasargad Home through the Services and The Studio.
4.1 Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.
4.2 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update payment information associated with your online Pasargad Home account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
4.3 Cancelling an Order
You may cancel your order as long as your request is made within forty-eight (48) hours of completing your purchase, provided that you have not yet received a shipment confirmation from us. In the event your order has already shipped, you may initiate a return in accordance with Section 4.11. To cancel an order, please visit the “Orders” section of your account or call us at 1-516-277-1010.
4.4 Stored Value
We may offer the opportunity to purchase virtual products, such as Gift Registry funds, Pasargad Home E-Gift Cards, and other Pasargad Home offerings that enable you to purchase stored value (collectively, “Stored Value”). Please refer to our Stored Value Terms and Conditions for additional terms and conditions that apply to the purchase and use of Stored Value.
We are required to collect applicable sales or use tax on products shipped to states where we have a physical presence. In some states where we have a physical presence, we are also required to collect sales or use tax on certain services. We are not required to collect and do not collect sales or use tax on products shipped to states where we do not have physical presence. You may owe use tax on products shipped to states where we do not collect sales or use tax. Please consult your state and local taxing authorities to determine any use tax obligations. If we are required to collect sales or use tax, you agree that the amount of tax shown at checkout may be adjusted to ref lect the actual sales or use tax applicable to your purchase. Several factors may cause adjustments to the sales or use tax, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product and service descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, at a physical retail location, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
4.7 Shipping and Handling
We do not currently ship products to all locations, so please visit our Shipping & Delivery page for more information about where we ship products.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary. In addition, some products are delivered by our white-glove and/or entryway services and require an appointment with you for in-home delivery.
Title to, and the risk of loss for, all products pass to you upon delivery to you. For more information about our shipping policies, please visit our Shipping & Delivery page.
4.8 White-Glove Service
Some products that are oversize, heavy, fragile or one of a kind are delivered by our white-glove service to ensure that they arrive safely. White-glove products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require. White-glove deliveries are made Monday through Friday, 8 a.m. to 5 p.m. Weekend delivery is not available.
As part of our white-glove service, we will bring the product(s) into your home, perform light assembly (e.g., attaching the legs to a table and inserting hardware) and dispose of the packaging materials. Our white-glove service is unable to provide more-involved types of assembly and construction, and we cannot move existing furniture or make any modifications to your home. Please measure your space (doorways, elevators, stairways, etc.) before buying products from us to ensure that they will fit into your home. If a product does not fit, it will be sent back to us and return shipping charges and a restocking fee will be deducted from the amount of your refund. In addition, the original shipping charges will not be refunded.
Please contact us at 1-516-277-1010 if there could be any delivery challenges at your home, such as multiple f lights of stairs or a narrow or long driveway. Note that additional charges may apply in such instances.
For more information about our white-glove service, please see our Shipping & Deliverypage.
4.9 Entryway Service
Our entryway service is an alternative to our white-glove service and may be available for certain oversize, heavy, fragile or one of a kind products. Entryway deliveries are made Monday through Friday, 8 a.m. to 5 p.m. Weekend delivery is not available. Note that our entryway service is less expensive than our white-glove service, but it does not include bringing the product(s) into your home, performing light assembly or disposing of packaging materials. For more information about our entryway service, please see our Shipping & Delivery page.
4.10 Damaged or Missing Products
Upon receipt of your order, please inspect your package. If you receive a damaged product, Pasargad Home will replace the product or issue a refund (including shipping charges) at no cost to you. Simply fill out this form to let us know what happened.
In the event that you observe significant damage to the product’s outer packaging, please reject the shipment and have the carrier return it. If there is minor damage to the packaging, please indicate this when you sign for the shipment.
Please note that some products are shipped directly from the manufacturer, and others are shipped to our warehouse first for repackaging. As a result, your purchases may arrive in multiple shipments. Please visit the “Orders” section of your online Pasargad Home account to track the status of your orders. If all of your shipments have been delivered and you are still missing products, please Contact Us immediately.
4.11 Returns and Refunds
We accept returns and issue refunds for certain products that are returned to us in an unused and re-saleable condition within 14 days of receipt. Note that some products are not eligible for return. You can find out if a product is eligible for return by reviewing the product description on the Services, your order confirmation email or the order details page in the “Orders” section of your online Pasargad Home account. Products marked “final sale” are not eligible for return.
In the event that we issue a refund, we will credit the payment method you used to purchase the product, but note that we will not refund the original shipping fees. We may also charge return shipping and restocking fees, unless you opt to receive store credit in lieu of a refund. For more information about returns, including return shipping and restocking fees, please see our Returns page.
5. License to Access and Use Our Services and Materials
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Materials”), are the proprietary property of Pasargad Home or our licensors and are protected by U.S. and international copyright and trademark laws.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services and Materials. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or Materials unless you have our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials, except as expressly permitted by Pasargad Home; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Services or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and, in that case, only if you notify us in writing in advance; (h) copy, frameset, enclose or otherwise distribute any part of the Services; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Pasargad Home or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Copyright Complaints; Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
45 Seaview Blvd, Suite B
Port Washington, NY, 11050
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Pasargad Home,” the Pasargad Home logo and any other Pasargad Home product or service names, logos or slogans that may appear on the Services or products are trademarks of Pasargad Home and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Pasargad Home” or any other name, trademark or product or service name of Pasargad Home without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Pasargad Home and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Pasargad Home.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Pasargad Home or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Pasargad Home logo or other proprietary graphic of Pasargad Home to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Pasargad Home trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.
Pasargad Home makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
9. Third-Party Content
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness.
You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
Transmit any information, data, text, images, files, links or software through the Services, except as authorized by us;
Use or attempt to use another member’s account without authorization from such member and Pasargad Home;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Introduce to the Services any viruses, worms, Trojan horses and/or harmful codes;
Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by Pasargad Home in a manner not authorized by us;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services you are not authorized to access;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
Impersonate any other person, including, but not limited to, a registered member of the Services or an employee of Pasargad Home;
Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
Conduct fraudulent activities;
Develop any third-party applications that interact with User Content or the Services without our prior written consent;
Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email;
Abuse the “Invite a Friend” feature in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses;
Abuse special discounts, awards or incentives offered by Pasargad Home (unless otherwise specified, only one offer is valid per person, with a maximum of two per household);
Use any robot, spider, crawler, scraper, script, browser extension, off line reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
11. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services or any third-party platforms on which we have an official presence, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inf lammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not ref lect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that references or depicts Pasargad Home or our products or services but fails to disclose a material connection to us, if you have one (for example, if you are a Pasargad Home employee or paid blogger);
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable, that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party platforms, you hereby grant Pasargad Home a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Pasargad Home through the Services or through our pages or feeds on third-party platforms, you represent and warrant that (a) such User Content is nonconfidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content; (c) you authorize Pasargad Home to use such User Content for the purposes described in these Terms; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials and other information about Pasargad Home, the Services and our products and services (collectively, “Feedback”) to us. Feedback is nonconfidential and shall become the sole property of Pasargad Home. Pasargad Home shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless and defend Pasargad Home and our respective officers, directors, employees, agents, partners, contractors, vendors, manufacturers, distributors and representatives (together with Pasargad Home, the “Pasargad Home Parties”) from and against all claims, damages, losses, liabilities, costs and expenses (collectively, “Claims”) that are caused by, arise out of or are related to (a) your use or misuse of the Services or Materials; (b) your purchase or use of any products or services in a manner that is illegal or tortious or that violates the rights of another or constitutes a misuse of the products or services; (c) any User Content or Feedback you provide; (d) your breach of these Terms; or (e) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any Claim and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Pasargad Home Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Services, products or services you purchase from us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Pasargad Home Parties.
THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Pasargad Home PROVIDES NO WARRANTY FOR PRODUCTS OR SERVICES YOU PURCHASE FROM US. ALL PRODUCTS AND SERVICES ARE SOLD BY Pasargad Home "AS IS" AND "WITH ALL FAULTS" AND WE DISCLAIM ALL IMPLIED WARRANTIES FOR PRODUCTS AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MANUFACTURERS OF PRODUCTS SOLD BY Pasargad Home MAY PROVIDE THEIR OWN WARRANTIES AND YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN THE PRODUCTS YOU PURCHASE AND USE WILL BE BASED SOLELY ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS. IN THE EVENT THE MANUFACTURER OF THE PRODUCT DOES NOT PROVIDE A WARRANTY, YOU, AS THE BUYER, BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCT, AND YOU, NOT Pasargad Home, ASSUME THE ENTIRE COST OF ANY NECESSARY REPLACEMENT OR REPAIR.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Pasargad Home PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR MATERIALS (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES THAT WE DO NOT OWN OR CONTROL) OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED BY Pasargad Home, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SERVICES, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Pasargad Home's RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE Pasargad Home PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES AND MATERIALS OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES EXCEED THE AMOUNT YOU PAID TO Pasargad Home IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY OR, IF YOU HAVE NOT PAID, $100.
THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE THE LIABILITY OF THE Pasargad Home PARTIES FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, OR FOR THE Pasargad Home PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
We reserve the right to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time, without notice and without obligation or liability to you. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events. Under no circumstances will Pasargad Home or our suppliers be held liable for any damages due to such interruptions or lack of availability.
We reserve the right to terminate your right to access and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
18. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Pasargad Home AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Pasargad Home agree (a) to waive your and Pasargad Home’s respective rights to have any and all Disputes arising from or related to these Terms, the Services, the Materials or the products or services purchased from us resolved in a court, and (b) to waive your and Pasargad Home’s respective rights to a jury trial. Instead, you and Pasargad Home agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
18.2 No Class Arbitrations, Class Actions or Representative Actions
You and Pasargad Home agree that any Dispute arising out of or related to these Terms, the Services, the Materials or the products or services purchased from us is personal to you and Pasargad Home and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Pasargad Home agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Pasargad Home agree that a Dispute cannot be brought as a class or other type of representative action, whether in or outside arbitration, or on behalf of any other individual or group of individuals.
18.3 Federal Arbitration Act
You and Pasargad Home agree that these Terms affect interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
18.4 Notice; Informal Dispute Resolution
You and Pasargad Home agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Pasargad Home shall be sent by certified mail or courier to Pasargad Home Inc., Attn: General Counsel, 633 Folsom Street, Suite 200, Port Washington, CA 94107. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Pasargad Home account and, if different, an email address at which you can be contacted; (b) a description in reasonable detail of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your account and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute; (y) a description in reasonable detail of the nature or basis of the Dispute; and (z) the specific relief that we are seeking. If you and Pasargad Home cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Pasargad Home may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 10 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Pasargad Home AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Pasargad Home WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Pasargad Home WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Pasargad Home agree that (a) any arbitration will occur in Port Washington County, New York; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”), which are hereby incorporated by reference; and (c) the state or federal courts of Port Washington County, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
18.6 Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
18.7 JAMS Rules
The JAMS Rules and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the JAMS Rules or (b) waive your opportunity to read the JAMS Rules and any claim that they are unfair or should not apply for any reason.
If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
18.9 Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19by writing to: Pasargad Home Inc., Attn: Edward Verdiev, 45 Seaview Blvd, Port Washington, NY, 10050. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.
20. Governing Law and Venue
THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, AND YOUR ORDER, RECEIPT AND USE OF PRODUCTS AND SERVICES YOU PURCHASE FROM US SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF New York, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF THE STATE OF New York OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR THAT CANNOT BE HEARD IN SMALL CLAIMS COURT, SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF LONG ISLAND, NEW YORK.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Pasargad Home with respect to the Services and any products and services you purchase from us and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pasargad Home with respect to the same. Pasargad Home’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.