Last Revised on March 11, 2023
Acceptance of ToU
We know these ToU’s can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.
Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
Online Services this ToU Covers
KLD is an interior design firm and lifestyle brand that publishes the Kelsey Leigh Design Co. blog (the “Blog”), which features purchasing guides with affiliate links to third-party vendor websites, and operates an online shop (the “Shop”) where you can purchase design and product guides for interior and exterior home design which we call “Recipes” (the “Recipes”). This ToU applies to our online services, including our website https://www.kelseyleighdesignco.com, the Shop, our Blog, the Recipes, our social media pages, and any future online services we develop (collectively the “Online Services”). Please note that our interior design services are controlled by separate service agreements provided to you upon engaging us for such services.
Services This ToU Doesn’t Cover
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving KLD, and this ToU no longer applies. Likewise, if you book a consultation through The Expert, you are leaving KLD and the policies of The Expert apply. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements. Additionally, all purchases made via the Blog and Recipes are hosted directly on third-party vendor websites so, when using the Blog and the Recipes to make a third-party purchase, you are subject to these third parties’ policies. We are not responsible for errors in purchasing of third-party products or for any services that are performed by third-party contractors during the installations of products purchased or the implementation/use of the Recipes.
Conditions Before You Access Our Online Services
Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
Suspension and Termination of Your Account
Involuntary Suspension or Termination of Your Account
We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your account and prevent access to our Online Services at any time for any reason.
Voluntary Termination of Your Account
Pricing & Availability
All purchases made through our Blog and Recipes are set and processed directly through the online third-party vendor. Therefore, we cannot and do not guarantee pricing or availability of items that we feature. As such, advertised prices are not guaranteed until a purchase has been made and you have received a confirmation email of such purchase. All credit card payments for said purchases are also processed through these third-party vendors; this means we never personally see or store your credit card information when you make an online purchase of a product promoted through the Blog or a Recipe. Prices advertised may be subject to taxes and shipping costs which may be calculated after checkout.
Purchases of Recipes made through our Shop are processed through PCI-compliant third parties, so we don’t see or store your credit card information for these purchases either unless there is a technical error resulting is us needing to manually enter your payment details with express your permission. The current cost of each Recipe is clearly marked in our Shop. We reserve the right to remove Recipes from the Shop at our discretion and without notice and we cannot guarantee that a certain Recipe will be available in the Shop for any amount of time. However, once you purchase a Recipe, that PDF file is yours to keep. There may be times when we need to make changes to our pricing, and as such prices advertised are not guaranteed until a purchase has been made. The full Recipe price is due upon purchase, and we do not offer any payment plans.
Shipping, Returns & Exchanges
All product purchases made through our Blog and Recipes are subject to the shipping, return, and exchange policies of the online third-party vendor. Therefore, we cannot and do not control shipping, returns, and exchanges in connection with these items. Due to their digital nature, all purchases of Recipes through the Shop are final. Once a purchase has been made, and the Recipe has been delivered to you, you will not be able to cancel your purchase and no refunds will be issued under any circumstance by KLD.
Delivery of Recipes
Once you purchase a Recipe at the Shop, the Recipe(s) that you ordered will be instantly sent to the email address that you provided at checkout. Double check your email to make certain that the Recipe doesn’t get sent to someone else! The Recipe is sent as a PDF and can be downloaded from the email that you receive. If you have any technical difficulties with the Recipe(s), you must inform us at firstname.lastname@example.org within 7 calendar days of the email so that we can correct any issues for you and prevent them for future purchasers. Absent such notification, the Recipe(s) will be deemed satisfactorily delivered.
Storage of Recipes
We are not responsible for archiving or storing any Recipe(s) that you purchased or were considering purchasing. Nor are we responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access Recipes. If you purchase a Recipe, it is your responsibility to ensure that the Recipe is downloaded and that the digital file is copied to new media as necessary.
We make certain aspects of our Recipes viewable on the Shop so that you can pick the one that’s right for you. Due to the digital nature of the Recipes, like a digital copy of a book, it is not possible for us to display the entirety of the Recipe to you prior to your purchase. Please explore the Site to confirm that the Recipe choice you make works best for your space and that the tools contained in the Recipe will be helpful to you.
We make reasonable efforts to ensure that photos, prices, dimensions, sizing, colors, materials, and general product descriptions (collectively the “Product Descriptions”) that we include on our Blog and in the Recipes are representative of the actual product sold by the third-party vendor at the time that we make the Blog/Recipe available to Users. However, we make no warranties concerning such Product Descriptions and it is your sole responsibility to double check all Product Descriptions directly with the third-party vendor that sells the product before purchase. We do not claim ownership over Product Descriptions and all such ownership belongs to the vendor selling the product.
Recipe Inclusions & Use
When you purchase a Recipe, you receive a PDF file containing detailed instructions on design choices, installation, furnishings, and more. Some Recipes are focused on design and installation, and some are focused on furniture and the finishing touches, so make sure you are choosing the one that fits your needs. If you have new or existing furniture or home elements that you want to incorporate, that differ from that in the Recipe, you absolutely can! These Recipes are intended to act as a guide, but you can use as much or as little of the information that they contain as you like. In this way, Recipes are customizable, though we do not currently offer custom Recipes. If you have specific questions about using a Recipe in your space, you can discuss these questions with the salesperson or tradesperson who is helping you with the purchase or installation. The purchase of a Recipe does not come with any consultation from KLD beyond the advice and guidance contained in the Recipe. If you would like assistance beyond that contained in the Recipes, please contact us to see if working together on a full service and/or new construction design would be a better solution.
Affiliate and Commission Disclaimer
While we only feature items in our Blog and Recipes that we love, we may receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature.
Guidelines for Content You Upload
We allow users to comment on our Blog and interact with our social media accounts (the “Social Services”). To comment on our Blog, you must provide your name and email address, and to interact with our social media accounts, you will be required to create an account with such third-party social media service. The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms:
Use the Social Services to spam or send unsolicited commercial posts;
Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.
Give constructive feedback on how we can improve our Online Services;
Ask questions about our goods and services;
Network and make friends; and
Be a nice human!
We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever).
General Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “Kelsey Leigh Design Co.” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. We also do not make any ownership claim over Product Descriptions which remain the sole property of the product vendor. KLD does not grant or transfer any other rights, title, or interest to you other than the following limited license: KLD grants to you a limited, non-exclusive, non-transferable, revocable license to access and use KLD’s Online Services for non-commercial personal purposes only. KLD reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.
KLD grants to each Recipe purchaser a limited, non-exclusive, personal license to the Recipe that they purchased. This license means that you can use the Recipe to help you make design selections and certain installations in your personal home. This license is non-exclusive, meaning that other people will be able to purchase the same Recipe(s) and will receive the same license. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, share, or offer for free any Recipe to any third party or marketplace. Nor can you use any Recipe(s) to assist another individual with the design of their home, whether for monetary gain or not. If someone is inspired by the design you were able to achieve with the help of a Recipe, we encourage you to direct them to our website so that they can purchase the Recipe that best suits their needs and preferences.
You grant to KLD a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about KLD for our publicity and marketing purposes.
Copyright Policy& DMCA Claims
KLD respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
a 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; and
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 agent permitted to act on the copyright owner’s behalf.
Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Testimonials & Reviews Disclaimer
Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.
Representations and Warranties
KLD’s Representations and Warranties
YOU MAY BE GRANTED WARRANTIES REGARDING GOODS FROM THE THIRD-PARTY VENDOR SELLING THE GOODS. HOWEVER, WE DO NOT PROVIDE SUCH WARRANTIES OR HAVE ANY CONTROL OVER THIRD-PARTY WARRANTIES OR THE QUALITY OF GOODS SOLD. OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS KLD MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, KLD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. KLD DOES NOT WARRANT THAT USE OF KLD’S ONLINE SERVICES WILL BE UNINTERRUPTED, , SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. KLD IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE.
User Representations and Warranties
By using KLD’s Online you represent and warrant that:
You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
You have read and agree to this ToU and will not use KLD’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
You will not try to reverse engineer our site or software to circumvent access to our Online Services;
You will not circumvent or hack any technology used by KLD to protect our Online Services and our users;
You will not transmit any worms or viruses or any code of a destructive nature; and
You will not copy or fraudulently reproduce KLD’s content or violate our intellectual property rights.
Limitation of Liability
IN NO EVENT WILL KLD BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. KLD WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF KLD UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO KLD FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, KLD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND KLD.
You agree to indemnify and hold KLD harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.
You hereby release and forever discharge KLD (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to KLD, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Privacy, Cookies, and Data Protection
KLD’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access KLD’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY KLD.
Letting Us Know About Complaints
At KLD, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about KLD's Online Services, please reach out to KLD to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
Mandatory Binding Arbitration
If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Oklahoma County, Oklahoma. Arbitration must by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim of the act or omission giving rise to the . If law prohibits a one-year statute of limitations for claims, must within the shortest permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.
an arbitrator or court of law determines a claim against KLD to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse KLD for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against KLD will be initiated only in your capacity. Any relief awarded by an arbitrator or court of law will not affect other users of KLD’s Online Services.
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of KLD. KLD reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the KLD business or assets.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
Waiver and Severability
No waiver by KLD of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
3325 French Park Dr, Unit 14, Edmond, OK 73034