Terms of Use
TERMS & CONDITIONS
Welcome to the Found Market™ website, www.foundmarket.com (the “Site”) owned and operated by Found Market™, LLC (“FM”). The terms “you”, “your” and/or “client” refer to the user or viewer of our website. Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. FM reserves the right to make changes to the Site and to these Terms periodically without prior notice. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. FM provides you with access to and use of the Site subject to your compliance with the Terms.
COPYRIGHT The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
LIMITED LICENSE; PERMITTED USES FM grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. The content of the Site is for your general information and use only. Unauthorized use of this website may give to a claim for damages and/or be a criminal offense. Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of The United States of America. Any action relating to the use of the Site or any transaction with FM must be brought in the state or federal courts located in the County of San Francisco, California. This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions.
RESTRICTIONS AND PROHIBITIONS ON USES Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, messages, graphics, software and the HTML used to generate the pages (“Materials and Content”), is property of FM. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site, for any public or commercial purpose without the specific prior written permission from FM.
PROJECT PLANNING SERVICE INFORMATION & PRICING Pricing for Found Market™ Interior Design Project Planning Service is based on a per room fee as determined by FM. The same pricing is universally applied to every client. Our room fee price list is determined by average room size, room purpose and the total time to research and create the plan divided by an hourly rate. FM will not be held liable for furnishings, lighting, accessories and other such components suggested by FM that do not fit in the client’s home. By accepting the Terms, you are in acknowledgement of and have read FM “Get Started” including “Room Measurements”. It is FM intention to provide you a quality service and provide suggestions by working closely with you and the information you provide to achieve your desired design. Payment is required up front and is non-refundable. If you do not absolutely agree with a suggested piece of furniture, light fixture, accessory or other such component we will provide you with one additional suggestion per item, per project plan. We work with multiple vendors, including retailers and vendor only resources and cannot guarantee availability of the product we suggest for each plan. To enhance the likelihood that your furnishings, lighting, accessories and other such components in your plan will be available for purchase, we include an ‘expiration date’ of 60 days on Found Market project plans and invoices. On all “vendor only” suggested items you must contact FM within the indicated time period to purchase any and/or all furnishings in your plan. If a product is out-of-date, out-of-stock or discontinued prior to the 60 expiration period we will make a complimentary reselection that is of similar character to the originally suggested item.
PRODUCT INFORMATION & PRICING While FM has made every effort to portray our products and their colors and materials in the most accurate way on the Site and on printed media, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by FM as an accurate portrayal of the actual color or material of the product. Due to ink and printing variations, FM cannot guarantee an accurate representation of any color or material on printed media included in your plan. FM reserves the right, without prior notice, to make changes to any service and product offered on the Site or to the applicable prices for any such service or product at any time. Materials on the Site may be out-of-date, out-of-stock or discontinued and FM makes no commitment to update the materials on the Site with respect to such products and services. Pricing for product and services listed on the Site are quoted in US dollars and are valid only in the US. All prices are subject to change. At times, simple assembly may be required for some furnishings in your plan. Refer to the manufacturer’s product manual for any questions you may have with the assembly of your furniture.
ACCOUNTS & PASSWORDS You will be required by FM to establish an account with FM that includes personal account information and password. You are entirely responsible for maintaining the confidentiality of your account information and password and for any activity that occurs under your account. FM will not be liable for any loss or damage arising from your failure to comply with these obligations.
CANCELLATION POLICY All sales are final.
RETURNS All FM services, including but not limited to, the Found Market™ Project Plan, are final sale with the exception of damaged goods. Unless noted otherwise by manufacturer, all sales on product and service are final.
DAMAGED GOODS Any product with visible or concealed damage must be noted and communicated to FM within 24 hours of receipt. FM will supply any information necessary for the completion of your claim. If necessary, FM will assign you a Return Authorization code that must accompany the return of your item. Upon receipt, we will make our best effort to provide a replacement product or facilitate the replacement of damaged goods. Please contact [email protected] to report receipt of damaged goods.
SHIPPING & PROCESSING FEES Shipping and process fees compensate FM and their vendors for the cost of processing your order, handling and packaging your products. FM will note each of their vendors’s associated fees on your invoice. All Found Market™ Project Plans will be shipped via UPS Ground Service. Your preferred carrier will be used if you agree to assume any additional transportation fees.
DELIVERY Delivery time varies by vendor and cannot be guaranteed by FM. Typical lead times are between 4-6 weeks but can occasionally be as long as 14 weeks. Your expected delivery time will be noted on your invoice.
BACKORDERS We make every attempt to complete your order quickly and completely, however, occasionally an item may be backordered. If FM is notified an item in your package is backordered, we will notify you immediately and provide you with an alternate selection.
USE OF SITE The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal use. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. FM specifically prohibits any use of the Site, and requires all users agree not to use the Site, for posting any inaccurate or false information, communicating or posting material that reveals trade secrets or intellectual property without express permission from owner, engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol and/or attempting to interfere in any way with the Site’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
PROPRIETARY RIGHTS FM is the owner and authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site. FM logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are property of FM and may be registered. You may not display any of the above in any manner without permission from FM.
PRIVACY POLICY FM considers your privacy of great importance. During use of the Site, you may be asked to provide information to us and you acknowledge and agree that you are solely responsible for the accuracy and content of such information. While we take great measure to protect your privacy, by use of the Site, you acknowledge and agree that Internet communication and transmission is never fully private or secure. Any feedback, data, questions, comments, suggestions, or the like shall NOT be deemed confidential. All such submissions shall be deemed the property of FM, and your submission of information shall constitute an irrevocable assignment to FM of all worldwide rights, titles and interests in and to such information. FM will not be liable for any use or disclosure of such information.
ERRORS AND INACCURACIES FM reserves the right, without prior notice, to correct any errors, inaccuracies or omissions and to change or revise information at any time. This includes but is not limited to pricing, product availability, product description and any typographical errors. FM maintains the right to correct such errors at any time including after an order has been submitted.
DISCLAIMER FM makes every attempt to provide accurate and timely information; however, there may be inadvertent technical or factual inaccuracies and typographical errors. FM does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of the Site, which is provided on an “as is” and “as available” basis. FM disclaims all warranties, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the Site, including without limitation, all content and materials, functions and services provided on the Site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. FM does not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. FM makes no warranty that the Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written obtained by you through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download or use of any such material. FM cannot ensure that files and/or data you download from the Site will be free of viruses or destructive features. FM makes no warranties regarding any non-FM sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and FM makes no representations or warranties with regard to the accuracy or safety of information provided in such non-FM sites and does not endorse or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
LIMITATION OF LIABILITY By use of the Site, you acknowledge and agree that FM may preserve any transmittal or communication by you with FM through the Site or any service offered on or through the Site. FM may disclose data if required to do so by law or if FM deems such disclosure is reasonably necessary for, but not limited to, the following circumstances: compliance with legal process, enforcement of the Terms, responding to claims that violate the rights of others and to protect the rights, property or personal safety of FM, its employees, users of or visitors to the Site and public. In no event shall FM, its affiliates or any of their respective directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on or accessed through the Site, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature, even if FM or its representative or such individual has been advised of the possibility of such damages.
INDEMNITY You agree to defend, indemnify and hold FM, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site and its products, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
CUSTOMER SERVICE For all customer service inquiries, please email [email protected].