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Terms & Conditions

Agreement

Gantri, Inc. ("Gantri", “we”, “us” and “our”) is a provider of custom home products (the “Products”) and operates this E-commerce site http://www.gantri.com website (the "Site") which is comprised of various web pages operated by Gantri to offer Products to you (the “Services”). The Site and Services is offered to you (the terms “you”, “your”, and “yours” shall refer to any and all users of the Site (the “User”)) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site, the Services, or by visiting or providing information through the Site, or registering for an account (the “Account”) constitutes your agreement and acceptance to (A) all terms as set forth in these Terms, and (B) the terms of our privacy policy, which can be found at https://www.gantri.com/legal/privacy (the “Privacy Policy”). Please read these Terms and the Privacy Policy carefully, and keep a copy of them for your reference. IF YOU DO NOT AGREE TO THESE TERMS AND/OR THE PRIVACY POLICY, YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.

Changes to Terms.

Gantri reserves the right, in its sole discretion, to change and modify the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. You agree to review these Terms periodically to ensure that you are aware of any modifications and you agree that your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.

Contact Us

Gantri welcomes your questions or comments regarding the Terms: Gantri, Inc. 170 Capp Street, Suite 3B San Francisco, California 94110 Email Address: [email protected] Effective as of March 29, 2017

Designers.

Gantri welcomes designers to the Site and the terms of Gantri’s Designer License Agreement, which can be found at https://www.gantri.com/legal/designer (the “Designer License Agreement”), will apply to the submissions of designs. If you participate as a Designer and submit Designs (as both terms are defined in the Designer License Agreement), you agree to the terms and conditions as set forth in the Designer License Agreement, which is incorporated herein by this reference.

Liability disclaimer.

HE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GANTRI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. GANTRI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GANTRI, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GANTRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GANTRI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GANTRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND/OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF GANTRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR THE CONTENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND SITE.

Electronic Communications

Visiting the Site or sending emails to Gantri constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Feedback.

You may additionally provide us with ratings and comments through the Site on our Products. Any such comments or ratings you provide through the Site and/ will collectively be referred to as “Feedback”. By providing Feedback to Gantri, you automatically grant to Gantri a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to us. You further acknowledge and agree that your name, likeness, and/or SN Website profile (if you register for an Account through an existing SN Website profile) may be associated with your Feedback and posted on the Site and/ and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name, likeness and/or SN Website profile, as applicable, in association with your Feedback. You agree that you shall have no recourse against Gantri for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that no compensation will be paid with respect to the use of your Feedback, as provided herein, and that Gantri may remove any Feedback we post on the Site at any time in our sole discretion. Further, when you provide Feedback, you authorize and direct Gantri to make such copies thereof as Gantri deems necessary in order to facilitate the posting and storage of such content on the Site.

Fees.

You agree to pay all fees associated with the purchase of Products under your Account and/or use of the Services, as applicable. Gantri uses a third party service provider (the “Processor”) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees). The Gantri’s Processor is currently Stripe Inc. By using the Site and Services, you agree to be bound by Processor’s Terms of Service (currently accessible at: https://stripe.com/us/terms) and Processor’s Privacy Policy (currently accessible at: https://stripe.com/us/privacy). You hereby consent to provide and authorize Gantri and Processor to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information. All Credit Card and payment information that you provide in connection with the purchase of Products must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing Gantri or Stripe with your payment information, you agree that Stripe is authorized to immediately invoice you for all fees and charges due and payable to Gantri hereunder and that no additional notice or consent is required. You agree to immediately notify Gantri and Stripe (as applicable) of any change to your payment information. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Gantri and Stripe from any and all taxes, including sales tax, based on any payments made or received by you in connection with your purchase of Products. Any taxes imposed on payments will be your sole responsibility. If Gantri is legally required to report such information, you will provide Gantri with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

Indemnification.

You agree to indemnify, defend and hold harmless Gantri, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of these Terms, breach of your representation or warrant contained herein, any activity related to your Account, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gantri reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gantri in asserting any available defenses.

Copyright or Intellectual Property Infringement Notification.

Gantri respects the intellectual property rights of others. You can notify Gantri of possible copyright infringement, and Gantri will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following: (a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Gantri to locate the material; (d) Your contact information, including your shipping, telephone number, and email; (e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at [email protected] or to Gantri Inc., 170 Capp Street, Suite 3B, San Francisco, California 94110.

No unlawful or prohibited use/Intellectual Property.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you represent and warrant to Gantri that you (i) will maintain the security of your user identification, password and other confidential information relating to your Account; (ii) will maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site; (iii) will maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying Gantri in writing of such use and taking steps to prevent its further occurrence by changing your password; (iv) are authorized, or have the permission of the authorized signatory of the Credit Card provided to Gantri, to pay any Fees incurred from the use of the Site, the Services and/or the purchase of Products; (v) comply with the terms set forth herein; and (vi) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Site and Services. You further warrant, represent and agree that you will not use the Site and Services in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on Gantri’s goodwill, name or reputation or causes duress, distress or discomfort to Gantri or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site ; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of Gantri; (viii) circumvent, disable or otherwise interfere with security-related features of the Site or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. Gantri does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Informational Purposes Only.

Any opinions or Feedback expressed on the Site are the personal opinions of the original author and not of Gantri, even though the original author may be employed by Gantri. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by Gantri or any other party. Gantri does not assume any responsibility or liability for any Feedback, opinion or other commentary posted on the Site or any third party Linked Sites and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.

International Users.

The Services offered through the Site is controlled, operated and administered by Gantri from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gantri Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Grant of Limited License.

Your access to the Site and Services is licensed and not sold. Subject to these Terms, and upon your registration for an Account (as applicable), Gantri hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Site and Services. All the Content that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of Gantri and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site and/or the Content and you agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gantri or our licensors except as expressly authorized by these Terms. Your use of the Site (including any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by these Terms. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and Site, and to block or prevent future access to and use of the Services and Site. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site; (b) market, sell or make commercial use of the Site; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; or (d) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Operation.

Gantri reserves complete and sole discretion with respect to the operation of the Site. Gantri may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by Gantri policies; (b) subject to these Terms, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site or Services.

Proprietary Rights.

The entire contents displayed on the Site (the “Content”) have copyrighted protection as a collective work under the laws of the United States and other copyright laws. Gantri is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any Gantri logo or any other proprietary graphic or trademark without Gantri's express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Gantri and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.

Delivery. Cancellation/Refund Policy.

Our delivery process and schedule will be updated from time to time and such updates will be posted on the Site or in these Terms. Please inspect your purchased Products immediately upon receipt and notify us of any damaged, incomplete, or inaccurate orders. You may cancel your order at any time. However, due to the custom nature of our Products, you understand and agree that you may only cancel an order for a full refund within 24 hours from the time you place the order (the “Cancellation Period”). Any cancellation requests made after the Cancellation Period will not qualify for a refund for any reason. After the Cancellation Period, returns and exchanges will only be allowed (i) if the Product is delivered, (A) the Product is damaged upon delivery or we delivery the wrong Product, and (B) you notify our delivery personnel of such damage or incorrect order immediately upon delivery; or (ii) if you pick up the Product at our SOMA studio, (X) the Product is damaged at the time of pick-up or we fulfill the order incorrectly, and (Y) you notify our staff at the SOMA studio of such damage or incorrect order immediately upon pick-up. Return and exchanges will not be available in the event you incorrectly place an order. Please contact us at [email protected] with any questions.

Termination/access restriction.

Gantri reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of a court of competent jurisdiction sitting in San Francisco County, California, United States, in all disputes arising out of or relating to the use of the Site, the Services and/or any Product. If any action in law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gantri as a result of this agreement or use of the Site. Gantri's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gantri's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gantri with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Gantri with respect to the Site, the Services, and the Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gantri with respect to the same. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English. Gantri may assign its rights and duties under these Terms to any party at any time without notice to you.

Third Party Accounts.

You will be able to connect your Gantri account to third party accounts such as your SN Website Profile. By connecting your Gantri account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Links to third party sites/Third party services.

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Gantri and Gantri is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gantri is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gantri of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Gantri may share such information and data with any third party with whom Gantri has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

User Agreement.

If you use this Site and the Services, you are responsible for registering for an Account. You may register for an Account by providing us with the required information as prompted or by allowing us to access your name and other profile information through existing accounts you may have on sites such as Google or on social networking websites, such as Facebook (collectively, the “SN Websites”, and each of your SN Website profile, a “SN Website Profile”). You agree to (i) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”); (ii) maintain and promptly update your Account to keep it true, accurate, current and complete; (iii) review the fees (accessible at [http://gantri/fees.com])(the “Fees”) to be charged for your purchases of Products; (iv) authorize Gantri and its affiliates to charge your Credit Card for any and all Fees incurred by you for your purchase of Products; (v) restrict access to your Account by others; and (vi) to accept responsibility for all activities that occur under your Account or password. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gantri has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gantri has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof). You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that Gantri is not responsible for third party access to your Account that results from theft or misappropriation of your Account. Gantri and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

User’s Restrictions.

You are not permitted, directly or indirectly, to (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Gantri and/or the copyright owner; (b) distribute, display, rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, in whole or in part; or (c) remove any proprietary notices or labels on the Content.

Class Action Waiver.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, you agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.