Your cart

Your cart is empty

Check out these collections.

Terms of service

OVERVIEW
This website (“Site”) is owned and operated by iDesign. All content, including all text, graphics, logos, images and other material on the Site (collectively “Content”) is owned or licensed by iDesign. Throughout the site, the terms “we”, “us” and “our” refer to iDesign. iDesign offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of and adherence to all terms, conditions, policies and notices stated here. Our store is hosted on Shopify Inc.

By visiting our Site or making a purchase on our Site, (collectively “Service”) you engage in our Service and agree to be bound by the terms and conditions set forth in this document (“Terms of Service”, “Terms”), as well as iDesign’s Privacy Policy, and any additional terms, conditions or policies referenced herein and/or available by hyperlink, all of which are incorporated by reference as if fully rewritten herein. These Terms of Service apply to all persons who access or use our Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. If you do not agree to all the terms and conditions, then do not continue access to the Site or use any Services. iDesign reserves the right to change these Terms at any time, effective immediately upon their posting on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. If you violate these Terms, iDesign may terminate your use of the Services, bar you from future use of the Services, and/or take other appropriate action against you.

NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND iDESIGN ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

SECTION 1 - ONLINE STORE TERMS AND LICENSE
iDesign grants you a limited, non-exclusive, revocable and non-transferable license to access and make personal use of the Site for non-commercial purposes only. You may access and use the Site only for a lawful purpose and only to the extent such use does not violate these Terms. You may download, print and copy Content only for personal, noncommercial purposes. You may not modify or alter the Content in any way, delete or change any patent, copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or any third party, constitutes a material breach of these Terms. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with the express consent of a parent or guardian.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Except as provided in the Terms, you shall have no right to directly or indirectly, own, use,, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Services, or any of the Content in whole or in part.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

SECTION 2 – UNLAWFUL OR PROHIBITED USES

You may NOT on behalf of yourself or any third party:

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial or other non-personal purposes any portion of, use of, or access to the Site or any Content;
  • Download, copy or transmit any Content for the benefit of others for commercial use;
  • Use or attempt to use any spiders, robots, avatars, intelligent agents or other device or mechanism to navigate or search the Site other than the search function available on the Site or through generally publicly available browsers;
  • Frame, mirror or use such techniques on any part of the Site without iDesign’s express prior written consent;
  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;
  • Use any meta tags or any other hidden text utilizing iDesign’s name, trademarks, logos or other information that refers or relates to iDesign;
  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • Conduct fraudulent activities on the Site;
  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, "flooding," "spamming," or "crashing"; (iv) forging any header or any part of the header information in any email or posting; or (v) forging communications on behalf of the Site or to the Site;
  • Send unsolicited or unauthorized email on behalf of iDesign, its affiliates or partners, including promotions and/or advertising of products;
  • Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including privacy rights or rights of publicity;
  • Collect personally identifiable information about other users of the Site;
  • Restrict any person from using the Site;
  • Use the Site to advertise or offer to sell or buy any goods or services without iDesign’s express prior written consent;
  • Modify, adapt, translate, reverse engineer, or decompile any portion of the Site; or
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials from the Site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and images of products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Certain weights, measures, and other descriptions are approximate and are provided for convenience only. 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. iDesign uses its best efforts to describe and display its products and services accurately on the Site. Despite these efforts, items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by iDesign, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRODUCTS OR SERVICES (if applicable)
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue a product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Any offer for any product or service made on this site is void where prohibited.

The inclusion of any products on the Site does not imply or warrant that these products will be available. iDesign reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the use of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

If an item is out of stock, iDesign may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if iDesign, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

 iDesign’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 5 - BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By providing iDesign with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize iDesign to charge you for any products, services or available content purchased using your payment method.

SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties and may be operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and no other purpose. iDesign does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the iDesign Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ from these Terms. iDesign is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. Please review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit reviews, comments, and other communications, photos, videos, or any other content or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that any Comments will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political messages,, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the Comments you submit, and iDesign assumes no liability for any Comments submitted by you. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead iDesign or third-parties as to the origin of any Comments. You acknowledge and agree that iDesign reserves the right (but has no obligation) to do any or all of the following, in our sole discretion: (i) monitor Comments; (ii) alter, remove, or refuse to post or allow to be posted Comments; and/or (iii) disclose any Comments, and the circumstances surrounding its transmission, to any third party. For any Comments you submit, you grant iDesign a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such Comments and incorporate the Comments into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. Do not send iDesign any Comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant iDesign the right to include the name provided along with the Comments submitted by you; provided, however, that iDesign shall have no obligation to include such name with such Comments. iDesign is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any Comments you submit. You warrant that you have all rights necessary to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the Comments to use, and grant to third parties such as iDesign the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any rights with respect to attribution of authorship or integrity of materials regarding Comments  that you may have under any applicable law under any legal theory.

 

Content also is provided by third party visitors to the Site. Site visitors may post content that is inaccurate, misleading, or deceptive. iDesign neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of iDesign.

SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy, a copy of  which can be accessed here.

SECTION 10 – RETURNS AND REFUNDS

Please note that you will have to prominently post your refund policy on the Order page.  Otherwise, you will be subject to the general rules and regulations promulgated by each state relative to returns.  For example, if you do not conspicuously post your refund policy, in California, you will have to provide a full refund within 30 days.  In Minnesota, any refund policy for an e-commerce site must be in at least 14 point font.  States also do not allow you to print the refund policy only on the receipt.  A consumer must be able to see the refund policy before consummating the transaction.


SECTION 11 - LIMITATION OF LIABILITY
IN NO CASE SHALL iDESIGN OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOST PROFITS, LOST REVENUE, LOST SAVINGS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF iDESIGN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE SAME. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE YOU MAY HAVE RELATIVE TO THIS SITE IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

 

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND iDESIGN. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SECTION 12 - DISCLAIMER OF WARRANTIES

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'AS IS' and 'AS AVAILABLE' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You acknowledge and agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

SECTION 13 - INDEMNIFICATION
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless iDesign and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms or your violation of any law or the rights of a third-party.

SECTION 14 – INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

The Site and all Content, as well as all copyrights, trademarks, trade dress, patents, and other intellectual property rights there (collectively, “IP”) are owned or controlled by or licensed to iDesign, and are protected by U.S. and international intellectual property laws. Content is licensed (not sold) to users of the Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by iDesign to use the Site, you may access, view, download, and print the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, patent or other proprietary designations contained in the Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party in a commercial manner.

Nothing in these Terms will convey to you any right, title or interest to the Site or any Content, except that of a license with the express rights and subject to all limitations herein. No license, right, title, or interest in the Site or any Content is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Contents. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content or the Site. The Site and Content may be used only for your personal purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Site and the Content is strictly prohibited. The compilation and “look and feel” of the Site and Content is the exclusive property of iDesign and is also protected by U.S. and international copyright laws. 

The iDESIGN, Inc. names and logos, and all other graphics, logos, headers, icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of iDesign in the U.S. and other countries. All other marks are the property of their respective companies.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole determination you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and iDesign, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and iDesign (including, but not limited to, any prior versions of the Terms of Service). The headings used herein are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – DISPUTES AND ARBITRATION; GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and iDesign will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR ACTIONS THAT SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF YOUR OR iDESIGN’S INTELLECTUAL PROPERTY RIGHTS, WHICH SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND iDESIGN, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT iDESIGN AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

The arbitration will be administered by the American Arbitration Association (AAA) under the rules and guidelines in effect at the time that an action by you or iDesign arises. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreeable location. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearance, unless the arbitrator determines upon request by you or by iDesign that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the specific claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, however iDesign will reimburse those fees (but not any attorney fees) for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought by you  is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11 of the Federal Rules of Civil Procedure, then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse iDesign for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Ohio. As to any proceeding in court, you and iDesign both waive your right to a jury trial, unless such waiver is unenforceable.

This dispute resolution section shall be governed by the Federal Arbitration Act and shall survive any termination or cancellation of the Service or your use of the Service. Any modifications to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 – CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please send an email to customer.service@idesignlivesimply.com. You may also contact us by writing to 30725 Solon Industrial Parkway, Solon, OH, 44139 USA or by calling us at 1-800-777-4995 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customer.service@idesignlivesimply.com.