Terms of Use

Last Revised September 18, 2023

Welcome! We are Abundant Home Design LLC, an Oregon limited liability company (“us” or “Abundant Home ”). This Terms of Use Agreement (“Terms”) applies to the Abundant Home Design website located at abundanthomedesign.com (“Site”). The Site is devoted to helping people use interior design to manifest better things in their lives. An online course, offered through the Site, teaches you how to make simple, inexpensive changes to improve the energy in your home (the “Guide”). The Site and the Guide are elements of the “Abundant Home Services.” These Terms are an agreement between you and us. To use the Site or access the Guide, you must be at least 13 years of age, and accept these Terms. Please read these Terms carefully and save a copy for your records. If you do not agree to these Terms, you may not use the Abundant Home Services.

If Abundant materially alters these Terms in a way that diminishes your rights, Abundant will notify you about the new Terms. Your continued use of the Abundant Home Services after notice of changes means you accept the changes. If you do not agree to any of the changes, you will (as your sole remedy) stop using the Abundant Home Services. However, if applicable law requires us to obtain your consent to the changes by other means, we will follow the applicable law. Your personally identifiable information will be treated in accordance with our Privacy Policy. These Terms cannot be changed except as specified, and any attempt by you to modify these Terms unilaterally is void.

International Users

Abundant operates this website from the United States and offers these Terms in accordance with U.S. law. If You are using the Abundant Home Services from another Country, you are still bound by this Agreement to the full extent of applicable law, and you agree to arbitrate disputes with us as set out below.

Agreement to Terms

If you access, browse or use the Site without registering, your access is on condition that you do not violate these Terms. The Abundant Home Services are the property of Abundant. AN AGREEMENT TO ARBITRATE CLAIMS AND CERTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY ARE ESSENTIAL PARTS OF THESE TERMS. Abundant at any time may modify these Terms, but if Abundant alters these Terms in a way that materially diminishes your rights, Abundant will provide notice, including via email if you have provided that information to Abundant. Your continued use of the Abundant Home Services after notice of changes means you accept the changes. If you do not agree to any of the changes, you will (as your sole remedy) stop using the Abundant Home Services. The Terms can not be changed except as specified, and any attempt by you to modify the Terms unilaterally is void.

Coupons, Promotions and Pricing

All discount codes, coupons and similar promotional offers must be entered prior to payment. Misuse of such codes or coupons violates these Terms.

License to Use

You may use the Site and Guide for their intended purposes as long as you comply with these Terms. You may make private non-commercial use of the Abundant Home Services, but you may not charge a fee to use the Site or access the Guide. Payments for access to the Site, Guide or other Abundant Home Service are non-refundable. For institutional and business access to the Abundant Home Services, send email to connect@abundanthomedesign.com or a letter to: Customer Relations, ABUNDANT HOME DESIGN, LLC, 70 SW Century Dr., STE 100, PMB 1065, Bend, OR 97702..

Prohibited Conduct

You may not use the Site to transmit any content or engage in any conduct which:

Is unlawful;
Infringes any intellectual property or proprietary right owned by Abundant or a third party;
Violates these Terms;
Contains material that is false, intentionally misleading, or defamatory;
Harasses or threatens others;
Involves the use or distribution of malware, meaning viruses, trojan horses, trap doors, easter eggs, worms, time bombs, packet bombs, ransomware, cancelbots and any other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or user information;
Involves SPAM or using the Site to send unsolicited communications about any goods or services;
Involves extracting data from the Site for any improper purpose, including but limited to, marketing to our specialists using any automated means such as bots, harvesters, scrapers, or spiders, except by permission of Abundant;
Involves creating more than one account for the same person;
Involves impersonating any person or entity, or misrepresent your affiliation with any person or entity;
Involves publishing or sharing your login credential or those of another user;
Involves helping or enabling others to violate these Terms;
Includes denial of service attacks or other acts that unduly burden the infrastructure of our Site;
Involves republishing or presenting any part of any of the Site in a “frame” or inline link on any other site;
Involves attempting to copy, decode, reverse-engineer, decompile or disassemble any software used by Abundant to provide the Site; or
Is otherwise in violation of any applicable law.

We may withdraw permission to use the Abundant Home Services at any time, for any reason, including but not limited to your violation of these Terms. If your access is terminated, you may not open a new Abundant account without our express permission. In addition to terminating your access, Abundant reserves all legal rights and remedies in response to a violation of these Terms.

Your Personally Identifiable Information

Your personally identifiable information will be treated in accordance with our Privacy Policy.

User Log-In and Passwords

The online course on the Site requires a User ID and password, or similar login credentials. You will maintain the security and confidentiality of your login credentials, and notify Abundant if you believe your login credentials have been compromised. Access to the online course is restricted to individuals who pay for access.

Abundant Intellectual Property

The Site and its content are protected by copyright, trademark, trade dress and other intellectual property rights. You may only use the Site consistently with our rights.

ABUNDANT HOME DESIGN claims trademark protection for all of its marks. Further, Abundant has applied or may apply for federal trademark registration of the following marks:

ABUNDANT HOME™
ABUNDANT HOME DESIGN™

The Abundant logos, and other trademarks, service marks, labels, product names and service names (“Marks”) are owned or licensed by Abundant. You may not otherwise copy, display or use the Marks without the prior written permission of Abundant. You will not use the Marks in any way likely to cause confusion, or in connection with any product or service that is not authorized or sponsored by Abundant. The Abundant Home Services, and all their content including without limitation their look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, content in html and other markup languages, and all scripts associated with them are owned by Abundant or by its licensors or content providers. Reproduction of the entire Site or Guide is strictly prohibited. Any content copied, downloaded or printed from the Site or Guide must retain all copyright, trademark and other notices of proprietary rights. The device of a registered user, who is using the Abundant Home Services as intended, may store and display certain content from the Abundant Home Services. You will not copy, create a derivative work from, distribute, publicly perform, or publicly display any of the content from the Guide.

Terminating Your Account

You may terminate your use of the Abundant Home Services and close your Abundant account at any time. These Terms will cease to apply, but your responsibility for your past use of the Abundant Home Services under these Terms will survive.

Required Notices

You agree to receive exclusively via email, to the address last provided by you to Abundant, any notice that we are required to send to you. You will keep your contact information current and promptly notify Abundant if you discover any unauthorized use of your information.

Our Compliance With Copyright Law (DMCA)

If you believe your copyright in a work has been infringed on our Site, please contact our agent for notice of claims of copyright violation:

Copyright Compliance, ABUNDANT HOME DESIGN, LLC, 70 SW Century Dr., STE 100, PMB 1065, Bend, OR 97702 or to connect@abundanthomedesign.com.

You must provide our agent with all of the following information in writing:

a description of the copyrighted work you believe has been infringed;
information sufficient to identify the location of the allegedly infringing material on the Site;
your address, telephone number, and email address;
a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; and
your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may terminate the account of the registered user responsible for posting or transmitting the infringing material.

Third Party Content and Services

Abundant is not responsible for your use of third-party services. Linked websites not operated by Abundant are not under the control of Abundant, and Abundant is not responsible for the accuracy or content of such websites. Abundant makes no representation concerning the terms of use, privacy policies or content of these sites to you. If you decide to access linked third party websites, you do so at your own risk.

User Generated Content

If the Abundant Home Services allow you to upload user generated content, then the following applies.

“Content” is anything subject to copyright protection (a work of authorship), such as a photo, video, song or text comment and all other forms of data or communication. Content includes (i) works you create and own that you submit or transmit through the Site (“Your Content”) and (ii) works created and owned by someone else that you submit or transmit through the Site (“Third Party Content”).

You retain ownership rights to your information and Your Content and, for Third Party Content, any ownership rights to which you are entitled by law. We do not claim any ownership rights to any Content posted to or transmitted by you through the Abundant Home Services.

You alone are responsible for the Content you post. You assume all risks associated with the Content you post, including anyone’s reliance on its quality or accuracy and any risks associated with your choice to disclose personal information on the Site. We discourage you from disclosing personal information on the Site. You represent that you own or have the necessary permissions to use and authorize the use of the Content you post.

For Your Content, you grant to Abundant a perpetual, royalty-free, irrevocable right and license to display, perform, reproduce, adapt, and distribute such Content, and to incorporate such Content into any form, medium, or technology now known or later developed. Other users may copy and then alter your Content. For this reason, you waive any claims against Abundant, and hold Abundant harmless, for any unauthorized alteration of your Content, including without limitation claims arising under the laws of countries other than the United States for derogation of “moral rights.”

For Third-Party Content, you grant to Abundant, and you represent and warrant that you have the right to grant to Abundant, or that the owner of the rights has granted to Abundant, a license either on the same terms as set out herein for your own Content or on terms expressly permitted by the owner of the Third Party Content and conferring similar freedom to use.

Representations and Indemnification

You represent that the user and account information you provide is true, current, and complete. You agree to defend, indemnify and hold harmless Abundant and its officers, directors, employees, and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”) arising from or related in any way to your misuse of the Abundant Home Services, or your breach of your representations, or your breach of any material provision of these Terms.

Disclaimer of Warranties

Abundant strives to provide the Abundant Home Services in accordance with the highest industry standards for accuracy, reliability, and security. However, due to the nature of online services:

Your use of the Abundant Home Services is at your sole risk. The Abundant Home Services are provided on an “as is” and “as available” basis. Abundant expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided by Abundant will fulfill any of your particular purposes or needs.
Abundant will not be responsible for any damages or losses resulting from your reliance on any lessons or advice gained from the Abundant Home Services. You agree to hold Abundant harmless from any loss, harm, injury, or damage resulting from or arising out of your use of the Abundant Home Services.
Abundant does not guarantee or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the Service will be accurate or reliable; that any errors in the technology will be corrected; or that the quality of any products, services, information, or other material purchased or obtained by you through or at the suggestion of the Service will meet your expectations.
No information, whether oral or written, obtained by you from Abundant or through an Abundant Service will create any warranty not expressly stated in these Terms.

Limitations and Exclusions of Liability

To the extent permitted by applicable law, Abundant will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if Abundant has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from your use of or inability to use the Site. If you are dissatisfied with the Abundant Site, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. If you are a California resident, you waive the provisions of Section 1542 of the California Civil Code, which states as follows: ”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any other municipal, local, state, or federal law, common or statutory, which may have arisen, or which may arise, prior to, or at the time of, the execution of this Agreement.”

Disputes and Arbitration

Any claim or controversy arising out of or relating to the use of the Site, goods or services provided by Abundant, or to any acts or omissions for which you may contend Abundant is liable, including any claim or controversy as to arbitrability (“Dispute”), will be finally and exclusively settled by arbitration. The arbitration will be before one (1) arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA rules”). The arbitration will be venued in a location reasonably convenient to you. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties will select an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms, the parties will jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin arbitration, you must make a written demand for arbitration. This agreement is not an agreement to joinder or consolidation of arbitration with arbitration of disputes or claims of any non-party, regardless of the nature of the issues involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT BY A JUDGE OR JURY.

If this arbitration agreement is deemed inapplicable or unenforceable by a court of competent jurisdiction, or in any instance of any lawsuit between you and Abundant, sole jurisdiction and venue will be in the state and federal courts sitting in Deschutes County, Oregon. If either party employs attorneys to enforce any right in connection with any dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs, including on appeal.

General Terms

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to their subject matter. Abundant or its affiliates may offer other sites and services with different terms. In the event of any conflict between these Terms and another written agreement between you and Abundant, these Terms will be controlling as to your use of the Abundant Home Services.

Severability

If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. This contract is deemed made and fully performable in Deschutes County, Oregon.