Last Update: July 15, 2022
We reserve the right to modify or discontinue the Site and Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and Services. If you object to any such changes, your sole recourse will be to contact us to discuss available options. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
Room by Color is a provider of architectural services for apartment renovations in New York City. Our services include architectural design services, drawing permitting services, filing representation services, and purchasing agent services. We bundle our services and deliverables into three (3) service plans - Starter, Standard, and Permit. Each service plan integrates a pre-designed collection of architectural fixtures and finishes for a typical apartment bathroom or kitchen configuration ("Design Kit"). You may request additional add-on services, such as filing representation services and purchasing agent services, after submitting your project to us for review. Fees, terms and conditions for all services are governed by separate service agreements with you.
Each project begins with the online submission of your project's scope of work, your preferred service plan, and your preferred Design Kit. We review your submission for compatibility with our services prior to issuing a service agreement. We may request additional information from you and modify your service plan depending on your project's requirements. We reserve the right to decline any project for any reason. Our services begin when we receive the signed service agreement and any requisite payments.
DESIGN KIT, SAMPLE SET, PRODUCT LIST
Upon commencing a project, we mail you one (1) boxed set of material samples representative of the design's textures and colors ("Sample Set"). Additional samples are available for an additional fee. Samples are not available for all products in the Design Kit. Actual product's finish may vary.
Each Design Kit outlines its collection of architectural products in a "Product List" so that you, your contractor, or your purchasing agent may find and purchase the products from a third-party vendor. We offer add-on purchasing agent services, including the purchasing of products on your behalf from our third-party vendor network, coordinating deliveries, and providing substitution assistance in case of defects or delays. See our purchasing agent services agreement for more details. All purchase orders, including those executed on your behalf, are contracts between you and the third-party vendor. We do not warrant any product purchased on your behalf. We are not responsible for costs, defects, delays or consequences related to your transactions with your vendor. Room by Color is not a retailer, supplier, wholesaler, or manufacturer of the products and cannot guarantee the Design Kit price as listed on the Site nor guarantee the availability of any product in the Product List.
Unless otherwise noted, products are delivered to the project address on record and must be received and signed by you or an authorized receiver. Upon delivery, you or your authorized receiver is responsible for safely transporting and storing the delivered products. Some products are only delivered to the curbside ("sidewalk delivery"), in which case you are responsible for hiring a qualified mover to safely transport them to a designated storage area. You or your authorized receiver are responsible for immediately inspecting all deliveries upon arrival for damages prior to accepting the deliveries, and to document any damages and report them immediately to us and to the delivery company within 48 hours of delivery.
You are responsible for obtaining all necessary approvals to safely transport or store the delivered products. Room by Color is not responsible for additional costs, delays, damages, or penalties resulting from your failure to hire a qualified mover or your failure to obtain the necessary approvals. You and your authorized mover are responsible for all associated moving and storage costs, including but not limited to costs associated with labor, equipment, storage, permits, and insurance. You are responsible for following the appropriate care and storage instructions from the vendor or manufacturer.
RETURN AND REFUND POLICY
We do not offer refunds for services and deliverables already performed or transmitted.
Return, refund or replacement of products, whether damaged, defective or otherwise, are subject to the warranty and return policies of the product's respective vendor and manufacturer. We do not guarantee the satisfactory resolution of your claim with the vendor or manufacturer. At your request, Room by Color shall furnish relevant records for your claim with the vendor or manufacturer. Room by Color reserves the right to retain our compensation for services already performed, regardless of any returns, refunds or other resolutions reached between you and the vendor or manufacturer.
RULES OF CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Site and Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning or security of the Site and Our Technology in any way; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Room by Color, Our Technology, the Site, or the Services.
THIRD PARTY WEBSITES
DISCLAIMER OF WARRANTIES
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
LIMITATION OF LIABILITY
You acknowledge and agree that Room by Color is only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third-parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to the Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to Our Services is limited to one hundred U.S. dollars (U.S. $100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, equipment failures, electrical power failures, traffic delays, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third-parties.
Please read this section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to our office. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.
Survival. This Dispute Resolution section will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.
Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in New York City.
Massforma Architecture, PLLC dba Room by Color
33 West 60th Street, Floor 2, New York, NY 10023