Last Update: January 25, 2023
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 Site and Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site and Services as so modified.
Massforma Architecture, PLLC dba Room by Color
33 West 60th Street, Floor 2, New York, NY 10023
email@example.com; (212) 333-3022
Room by Color provides architectural services for apartment renovations in New York City. Our services include:
Consulting. Remote architectural consulting service where we field architectural inquiries from you, with no long-term contractual obligation to develop any project beyond our preliminary opinions and/or sketches. Opinions and sketches are based on preliminary project information and require further development.
Starter Drawing Set. Basic architectural drawings documenting the project's scope of work that forms the basis for further project development. You are responsible for providing us an accurate survey of your space.
Construction Documents. Optional supplementary service to the Starter Drawing Set to furnish essential construction notes, dimensions, and architectural details relevant to the room and its essential function. We will also coordinate our drawings with other consultants.
Permit Set. Optional supplementary service to the Starter Drawing Set to prepare drawings and documents for a building permit application. We assume the role of your project's architect of record and filing representative to the building department with responsibilities to certify project compliance with approved permit documents.
Design Kit. Packaged room designs with essential drawings and product information for you to purchase the design's fixtures and finishes from third-party vendors. All purchase orders, including those executed on your behalf, are contracts between you and the third-party vendor.
Purchasing Agent Service. Optional supplementary service to the Design Curation to order fixtures and finishes on your behalf from our third-party vendor network.
Fees, terms and conditions for each service are governed by its own service agreement with you. We review each project for fitness with our services prior to accepting the project. We reserve the right to decline any project for any reason. We may request additional information from you and modify our services depending on your project's requirements. We begin our services when we receive the requisite payment and/or signed agreement.
Deliveries. You are responsible for coordinating the vendors' deliveries with your designated mover or contractor. Unless otherwise noted, products from purchase orders are delivered to the project address on record and must be received and signed by you. Upon delivery, you are 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 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 (within 48 hours of delivery) to the vendor, the delivery company, and to us if we are your purchasing agent.
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 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. No refunds allowed for the Design Curation once the list of fixtures and finishes have been conveyed to you.
Return, refund or replacement of products from purchase orders, 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, we shall furnish relevant records for your claim with the vendor or manufacturer. We reserve 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.
Disclaimer of Warranties. Room by Color is not a contractor, retailer, vendor, or manufacturer of building products and cannot guarantee the any estimated price as listed on the Site nor guarantee the quality and availability of any product or third-party services we recommend. 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 the vendor.
The Site and Services are provided by Room by Color “with all faults” and on an “as is” and “as available” basis. You agree that your use of the Site and Services is at your sole risk. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site and Services, or that defects in the Site and Services will be corrected. We specifically disclaim any liability associated with the use of the Site and Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content.
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.
LIMITATION OF LIABILITY
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 Site and Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. 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. We will not be liable for any damages arising from any information appearing on any other site linked to the Services.
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.
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).