Terms of Service

Terms of Service

Welcome to Always This Way RELAXzd Co.

Always This Way RELAXzd Co. service (the “RELAXzd Co” ) is located at Always This Way and is operated by RELAXzd Co, with our headquarters at Street 57 Blagoevgrad District Bulgaria and its subsidiaries (collectively, “RELAXzd Co,” “we,” “our,” or “us”). The Always This Way RELAXzd Co. provides buyers with the ability to create custom homely spaces for themselves, whether at home or the office. All visitors to the Always This Way RELAXzd Co. Service, and buyers are referred to herein as “you”.

We offer the Always This Way RELAXzd Co. Service subject to the following Terms of Service, specifically including Always This Way RELAXzd Co. Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms of Service, you are not authorized to use the Always This Way RELAXzd Co. Service. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

Please note that if you are located in Europe (including the United Kingdom) then the sections marked with an asterisk do not apply to your use of the RELAXzd Co Service. Please see Additional Terms for European Users below for additional terms which apply to your use of the RELAXzd Co Service.

Use of the RELAXzd Co Service

Information You Provide: Certain features of the RELAXzd Co Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify RELAXzd Co of any unauthorized use of your password or account or any other breach of security. RELAXzd Co reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.

Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by following the process outlined in RELAXzd Co.

Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other RELAXzd Co policies, RELAXzd Co may, in its sole discretion, cancel your listings, suspend your use of RELAXzd Co tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.

Social Networking Services: You may enable certain components of the RELAXzd Co Service or log in to the RELAXzd Co Service via certain third party social networking services, such as Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the RELAXzd Co Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Please remember that RELAXzd Co has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. RELAXzd Co also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. RELAXzd Co does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the RELAXzd Co Service. RELAXzd Co enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the RELAXzd Co Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the RELAXzd Co Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the RELAXzd Co Service, you will comply with all applicable laws, regulations and industry standards.

Communications: You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the RELAXzd Co Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the RELAXzd Co Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (i.e., to withdraw your consent from receiving electronic notice), please notify us at info@alwaysthisway.com

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by RELAXzd Co in connection with your use of the RELAXzd Co Service. RELAXzd Co may establish general practices and limits concerning use of the RELAXzd Co Service. RELAXzd Co reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Sellers: Creation and Implementation of Product Listings

The RELAXzd Co Service allows sellers to create product listings and sell custom physical and digital Merchandise through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion.

Your Right to Implement a Listing: By creating a listing through the RELAXzd Co Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide RELAXzd Co with evidence of your Listing Rights upon request.

For online events promoted by you through the RELAXzd Co Service, RELAXzd Co. operates an online marketplace where RELAXzd Co customers can purchase event tickets. RELAXzd Co retains all ownership rights in any designs created by RELAXzd Co designers which may not be used by you, other than in connection with your listings on the RELAXzd Co Service, without RELAXzd Co express written consent.

For the purpose of implementing and fulfilling your listing and for the purpose of advertising the RELAXzd Co Service in any medium RELAXzd Co chooses, you hereby grant RELAXzd Co a nonexclusive, worldwide, fully paid up, transferable, sub-licensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the RELAXzd Co Service (including all related images, text, content and information).

Acceptable Use: Your use of the RELAXzd Co Service, including the creation and implementation of product listings, is subject to these Terms of Service.

Quality of Artwork and Promotions: Each listing must meet reasonable production standards (e.g. a listing may not include a low-quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the RELAXzd Co Service, must be accurate and correct and must not include any content concerning non- RELAXzd Co activities, events, products, services or promotions.

Intellectual Property Complaints

Infringement Claims Between RELAXzd Co Users, Waiver of Claims: As a condition of using the RELAXzd Co Service, you agree to submit any and all infringement claims against RELAXzd Co users (so called “Copycat Claims”) pursuant to RELAXzd Co existing policies and procedures governing such claims. You further agree, as a condition of using the RELAXzd Co Service, to waive any and all claims against RELAXzd Co arising from alleged infringement by you or another RELAXzd Co user. In addition, you understand that RELAXzd Co may release your contact information to any RELAXzd Co User that satisfactorily alleges a violation of its rights under this section.

RELAXzd Co will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a RELAXzd Co user has infringed upon your rights, please notify RELAXzd Co through our Intellectual Property Claim page.

Your full name, address, telephone number(s) and email address(es);

A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and

A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the Merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the Merchandise.

Order Confirmation: Where we accept your order, we will confirm such acceptance by sending you a dispatch confirmation email or email on which the digital product is available for download (Order Confirmation).

Loss and Cancellation: Title and risk of loss for all Merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any

Merchandise for any reason. Returns: You acknowledge and agree that goods produced by us for you are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. Waiver: Your purchase of an item using the RELAXzd Co Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

Price and Payment Processing

Price: The price of Merchandise is as quoted on the RELAXzd Co Service from time to time. RELAXzd Co reserves the right to determine pricing.  Payment Processing: We may use a third-party payment processor (“Payment Processor”) to process your payments for Merchandise. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By clicking the “Buy now” or “Subscribe” button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any Merchandise, ordered in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method.

We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGES FOR THE NEXT SUBSCRIPTION PERIOD.

Delinquent Accounts: RELAXzd Co may suspend or terminate access to the RELAXzd Co Services, for any account for which any amount is due but unpaid. In addition to the amount due for the RELAXzd Co Services, a delinquent account may be charged fees or charges that are incidental to any chargeback or collection of any the unpaid amounts, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then RELAXzd Co reserves the right to immediately terminate your access to the Subscription Services.

RELAXzd Co Proprietary Rights

Service Content, Software and Trademarks: You are only authorized to use the RELAXzd Co Service for the purpose of engaging in business transactions with RELAXzd Co.

The RELAXzd Co Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by RELAXzd Co, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the.

RELAXzd Co may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RELAXzd Co, its users or the public.

Third Party Websites

The RELAXzd Co Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. RELAXzd Co has no control over such sites and resources and RELAXzd Co is not responsible for and does not endorse such sites and resources. RELAXzd Co will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.

Disclaimer of Warranties

YOUR USE OF THE RELAXzd Co SERVICE IS AT YOUR SOLE RISK. THE RELAXzd Co SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, RELAXzd Co EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY LISTING, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

RELAXzd Co WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL RELAXzd Co TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RELAXzd Co OR RELAXzd Co HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labour costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit RELAXzd Co in any way and will not attempt to do so or imply that you have the right to do so.

Governing Law

For users located in the United Kingdom or European Union: These Terms of Service will be governed by the laws of England, without regard to its conflict of law provisions except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

Subject to the next paragraph you agree that any disputes between you and RELAXzd Co regarding these terms will only be dealt with by the English courts except that (if you are a consumer and not a business user) and if you live in a country of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution. We are not required to comply with any alternative dispute resolution under this platform.

For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and RELAXzd Co agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

These Terms of Service constitute the entire agreement between you and RELAXzd Co and govern your use of the RELAXzd Co Service, superseding any prior agreements between you and RELAXzd Co with respect to the RELAXzd Co Service. The failure of RELAXzd Co to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of RELAXzd Co, but RELAXzd Co may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. RELAXzd Co may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the RELAXzd Co Service.

Additional Terms for European Users Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you: for death or personal injury caused by our negligence; for fraudulent misrepresentation; or for any other liability that, under consumer protection or other law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the RELAXzd Co Service shall not, exceed the amount you have paid RELAXzd Co or RELAXzd Co has paid you in the last six (6) months, or, if greater, one hundred Euros (€100) and is strictly limited to losses that were reasonably foreseeable.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.

Buyers: Purchasing of Merchandise: Prices exclude VAT and exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out when you view the items in your shopping basket, once you have selected your chosen different delivery method.

Faulty Merchandise: If you are a consumer, once we accept your order for Merchandise we are under a legal duty to supply products (including digital products) that are in conformity with these Terms of Service.

If any Merchandize you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any Merchandize was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Merchandise information: While we have taken reasonable steps to depict Merchandise as accurately as possible on the Site, the photographs and other images of Merchandise featured on the Site are created and designed by the relevant designers of such Products and the detailing you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Merchandise when you receive it.Always This Way RELAXzd Co.