Terms of Service
These Terms of Service (“Terms”) govern the legally binding relationship between you and the business operating under the name House of Inspired (“House of Inspired,” “Company,” “we,” “us,” or “our”) concerning your access to and use of the House of Inspired website, online store, products, content, features, communications, and related services (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS CONCERNING DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION, AND WAIVERS OF CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE ARBITRATION.
1. ACCEPTANCE OF TERMS
By affirmatively accepting these Terms through a checkbox, button, or other mechanism clearly indicating agreement, including in connection with creating an account, submitting or completing an order, or otherwise completing an action through which you are presented with and affirmatively agree to these Terms, you agree to be bound by these Terms and the policies expressly incorporated into them.
The House of Inspired Refund Policy and Privacy Policy are incorporated into these Terms by reference. The Shipping Policy and any other policy or transaction-specific terms expressly identified as applicable to a particular transaction are also incorporated by reference where applicable.
If you do not agree to these Terms or an applicable incorporated policy, do not complete a transaction or other action requiring your acceptance.
Your affirmative acceptance constitutes your electronic manifestation of assent to these Terms and the applicable incorporated policies.
2. HOUSE OF INSPIRED PARTIES
For purposes of these Terms, the “House of Inspired Parties” means House of Inspired and its parents, subsidiaries, affiliated entities, owners, members, shareholders, officers, directors, managers, operators, employees, representatives, agents, contractors, successors, and assigns.
The House of Inspired Parties are express intended third-party beneficiaries of the protections, defenses, limitations, exclusions, indemnification rights, arbitration provisions, procedural rights, and other protections provided to them under these Terms and may independently enforce those protections to the maximum extent permitted by applicable law.
3. NO VOLUNTARY PERSONAL OBLIGATION OR GUARANTEE
Transactions, communications, representations, obligations, and activities undertaken by or on behalf of House of Inspired are undertaken in a business capacity and not personally by individuals acting for House of Inspired.
No owner, member, shareholder, officer, director, manager, operator, employee, representative, or agent personally guarantees any debt, refund, warranty, contractual obligation, or performance obligation of House of Inspired merely because of that person's role or participation in the business.
A personal guarantee or assumption of a House of Inspired obligation exists only if expressly undertaken by that individual in a separate written agreement.
4. ELIGIBILITY AND LAWFUL USE
You may use the Services only if you have the legal capacity to enter into a binding agreement and your use is permitted by applicable law.
You may not use the Services for unlawful, fraudulent, unauthorized, abusive, or otherwise prohibited purposes.
5. E-COMMERCE PLATFORM AND THIRD-PARTY SERVICES
Our online store is hosted by Shopify.
Shopify collects and processes personal information in connection with visits to and purchases through our store and provides e-commerce, checkout, payment, security, analytics, personalization, advertising, fraud-prevention, and other services supporting House of Inspired.
Where Shopify Network Intelligence or other Shopify Enhanced Services are enabled, Shopify may process information concerning your interactions with House of Inspired together with information concerning your interactions with other Shopify merchants and Shopify in order to provide applicable services, including personalization, analytics, advertising, fraud prevention, and improvements to Shopify's services.
Information concerning your activity on our store may be shared with Shopify and other third parties, including parties located in the United States or other countries, in connection with providing applicable services.
Additional information concerning House of Inspired's and Shopify's processing of personal information, including applicable privacy choices, is provided in the House of Inspired Privacy Policy.
House of Inspired may also use independent providers for payment processing, fraud prevention, analytics, communications, advertising, marketing, fulfillment, shipping, security, and other business functions. Such providers may maintain their own terms, policies, systems, and privacy practices.
6. ORDERS AND ACCEPTANCE
Product listings and other product presentations constitute invitations to submit orders and do not constitute irrevocable offers by House of Inspired.
Your submission of an order constitutes an offer to purchase the applicable merchandise subject to these Terms and applicable policies.
An automated acknowledgment, payment authorization or capture, receipt, or order confirmation does not, by itself, constitute acceptance of an order.
House of Inspired accepts an order when the applicable merchandise is shipped.
Until shipment, House of Inspired may reject, limit, hold, investigate, or cancel an order as permitted by these Terms.
Where products within an order are shipped separately, acceptance may occur separately as each applicable product is shipped.
7. QUANTITY LIMITS AND RESALE
Unless expressly authorized by House of Inspired, products are offered for personal or end-user use and not for unauthorized commercial resale or redistribution.
House of Inspired may establish reasonable purchase or quantity limitations based on product, order, customer, account, household, payment method, shipping or billing address, or other transaction criteria.
House of Inspired may reject, limit, hold, investigate, or cancel transactions reasonably believed to involve unauthorized resale, circumvention of purchase restrictions, or unauthorized commercial purchasing and may restrict future transactions where reasonably appropriate.
8. RIGHT TO REFUSE, HOLD OR CANCEL ORDERS
House of Inspired may reject, limit, hold, investigate, or cancel an order for legitimate business reasons, including, without limitation, product or supplier unavailability, inventory or pricing errors, payment or verification problems, suspected fraud or abuse, shipping or legal restrictions, inaccurate information, fulfillment problems, security concerns, or circumstances beyond our reasonable control.
Where cancellation requires a refund, the appropriate refund will be issued.
9. PRICING AND PAYMENT
Prices, promotions, product availability, and offers may be changed prospectively without notice unless otherwise required by applicable law.
Applicable taxes, shipping charges, and other transaction charges will be disclosed as appropriate in connection with the transaction.
House of Inspired may correct pricing, typographical, technical, or other errors.
To the maximum extent permitted by applicable law, an erroneous price or other obvious transaction error does not bind House of Inspired to complete the transaction on the erroneous terms.
By submitting payment information, you authorize the applicable payment provider to process the transaction.
House of Inspired and its payment, fraud-prevention, and commerce providers may perform reasonable verification, authorization, fraud screening, or other transaction-security procedures.
10. PRODUCT INFORMATION
Product descriptions, specifications, dimensions, materials, photographs, instructions, and other product information may originate from manufacturers, artisans, suppliers, distributors, or other sources.
Because House of Inspired works with independent suppliers and fulfillment providers, House of Inspired may not manufacture, warehouse, open, physically handle, inspect, test, or independently verify every product before it is shipped to a customer.
House of Inspired may correct, clarify, supplement, or update product information prospectively where appropriate.
Customers should review the complete applicable product listing before purchasing.
11. HANDMADE AND HANDCRAFTED PRODUCTS
Products described as handmade, handcrafted, hand-poured, hand-woven, or similar terminology may involve hand labor together with tools, machinery, molds, manufactured findings, hardware, settings, fasteners, commercially produced components, or machine-assisted processes.
Such terminology should be interpreted together with the applicable product description.
Handmade products and products incorporating natural materials may exhibit reasonable variations in color, texture, dimensions, shape, pattern, finish, placement, or other characteristics. Such reasonable variations do not necessarily constitute defects.
12. PRODUCT APPEARANCE, MEASUREMENTS AND CUSTOMER SELECTION
Actual product appearance may vary from photographs or digital representations because of photography, lighting, screen resolution, monitor calibration, device settings, manufacturing processes, handmade characteristics, natural materials, or other reasonable production or display variations.
Props, accessories, displays, or other objects appearing in photographs are not included unless expressly identified as included in the applicable listing.
Measurements and dimensions may be approximate unless expressly stated otherwise.
Customers are responsible for reviewing product dimensions, specifications, materials, compatibility, and other relevant information and determining whether a product is suitable for their intended use unless House of Inspired expressly agrees otherwise in writing.
13. INDEPENDENT SUPPLIERS, DROPSHIPPING AND FULFILLMENT
House of Inspired may use independent manufacturers, artisans, wholesalers, suppliers, distributors, warehouses, dropshippers, fulfillment providers, logistics providers, and carriers.
Merchandise may be manufactured, stored, handled, packaged, processed, fulfilled, or shipped from locations that House of Inspired does not own or control.
Independent suppliers and service providers do not have authority to bind House of Inspired unless expressly authorized in writing.
To the maximum extent permitted by applicable law, House of Inspired shall not be responsible for loss or damage to the extent caused by independent acts or omissions of unaffiliated third parties outside House of Inspired's reasonable control.
14. SHIPPING AND DELIVERY
House of Inspired currently ships to eligible addresses within the United States and may establish or modify shipping restrictions prospectively.
Shipment, processing, and delivery dates or timeframes are estimates unless expressly guaranteed in writing.
House of Inspired may rely on independent suppliers, fulfillment providers, logistics providers, and carriers to process and deliver orders.
Delays may occur because of circumstances outside House of Inspired's reasonable control.
Where applicable law requires House of Inspired to provide notice of a shipment delay, obtain consent to a delayed shipment, permit cancellation, or provide a refund, House of Inspired will administer the affected order in accordance with those requirements.
15. SHIPPING INFORMATION AND DELIVERY EVIDENCE
Customers are responsible for providing accurate and complete shipping, contact, and delivery information.
House of Inspired cannot guarantee that an address or other delivery information can be changed after an order enters processing or fulfillment.
Where permitted by applicable law, customers may be responsible for reasonable costs resulting from incorrect or incomplete shipping information they provide.
Tracking information, carrier scans, delivery photographs, signatures, GPS or location information, delivery confirmations, and similar records may be relied upon as evidence when investigating a shipment, delivery, non-delivery, or related claim.
Customers should report suspected delivery problems promptly so that available records can be investigated.
16. INSPECTION OF MERCHANDISE
Customers should inspect merchandise promptly after delivery.
Visible damage, incorrect merchandise, missing components, or other apparent issues should be reported as soon as reasonably practical in accordance with the Refund Policy.
House of Inspired may request photographs, video, packaging, shipping labels, product labels, or other reasonable evidence necessary to investigate a reported issue.
17. RETURNS, REFUNDS, STORE CREDITS AND POST-PURCHASE REMEDIES
Returns, refunds, exchanges, cancellation requests, damaged or defective merchandise, final-sale items, store credits, and other post-purchase matters are governed by the House of Inspired Refund Policy applicable to the transaction, which is incorporated into these Terms by reference.
House of Inspired may establish reasonable eligibility requirements and conditions for voluntary return, exchange, replacement, store-credit, or other benefits offered beyond applicable legal requirements.
18. PRODUCT USE, CARE AND MISUSE
Customers are responsible for reviewing and following applicable product instructions, warnings, care instructions, safety information, installation requirements, and other product-specific guidance.
To the maximum extent permitted by applicable law, House of Inspired shall not be responsible for loss or damage to the extent caused by unintended or unreasonable use, misuse, negligent handling, improper storage, improper installation or assembly, unauthorized modification, third-party repair, improper maintenance or cleaning, failure to follow applicable warnings or instructions, continued use after obvious damage, incompatible combination with other products, customer-caused damage, or ordinary wear and tear.
Where permitted by applicable law, House of Inspired may deny voluntary return, replacement, store-credit, or similar benefits where the applicable issue resulted from such conduct.
19. PRODUCT WARNINGS AND SAFETY INFORMATION
House of Inspired may provide product warnings, safety information, instructions, disclosures, or other information supplied by manufacturers, artisans, suppliers, distributors, governmental authorities, or other appropriate sources.
Customers are responsible for reviewing and following warnings, instructions, safety information, and product-specific disclosures applicable to the merchandise they purchase or use.
20. PROMOTIONS, DISCOUNTS AND OFFERS
Promotions, discount codes, credits, giveaways, and special offers may be subject to expiration dates, exclusions, minimum purchase requirements, product restrictions, quantity limitations, combination restrictions, customer limitations, or other disclosed conditions.
House of Inspired may reject, cancel, reverse, or restrict promotional benefits obtained through fraud, manipulation, duplication, technical exploitation, unauthorized distribution, circumvention, or other abuse.
21. FRAUD, ABUSE AND PAYMENT DISPUTES
House of Inspired may investigate, delay, verify, reject, restrict, suspend, or cancel transactions reasonably suspected of involving fraudulent, deceptive, abusive, unauthorized, or unlawful conduct, including, without limitation, payment fraud, identity theft, unauthorized payment credentials, account takeover, promotion or return fraud, materially false damage or non-delivery claims, automated purchasing, unauthorized resale, system manipulation, circumvention of transaction or quantity limitations, or attempts to evade fraud-prevention or security measures.
Customers shall not knowingly submit false, fraudulent, fabricated, or materially misleading chargeback or payment-dispute claims.
House of Inspired may contest disputed transactions and provide reasonably relevant evidence to payment processors, financial institutions, card networks, insurers, governmental authorities, courts, arbitrators, or other parties legitimately involved in resolving the matter.
House of Inspired may decline future transactions with persons reasonably believed to have engaged in transaction fraud or abuse.
22. INTELLECTUAL PROPERTY
The protectable elements of the Services, including applicable text, graphics, artwork, designs, photographs, product presentations, branding, logos, compilations, selection, arrangement, and other content, are owned by or licensed to House of Inspired or their respective rights holders.
Subject to these Terms, House of Inspired grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for lawful personal purposes.
Except as authorized by applicable law or express written permission, you may not reproduce, distribute, publish, commercially exploit, scrape, systematically extract, modify, create derivative works from, or otherwise use protected House of Inspired content in violation of applicable intellectual-property rights.
23. REVIEWS AND USER-GENERATED CONTENT
If you submit a review, photograph, comment, testimonial, or other content to House of Inspired, you retain any ownership rights you possess in that content.
You grant House of Inspired a non-exclusive, worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, display, distribute, adapt, format, publish, and otherwise use submitted content in connection with House of Inspired's business, Services, products, advertising, marketing, and promotional activities, subject to applicable law.
House of Inspired may moderate or remove user-generated content where permitted by applicable law, including content reasonably believed to contain confidential or private information, infringement, unlawful material, harassment, abuse, obscenity, unrelated material, spam, or clearly false or misleading content.
Nothing in these Terms prohibits or restricts a consumer from providing an honest review or assessment of House of Inspired, its products, or its Services as protected by applicable law.
24. ARTIFICIAL INTELLIGENCE AND AUTOMATION
House of Inspired may use artificial intelligence, machine learning, automation, and related technologies as tools to assist in creating, editing, formatting, translating, organizing, categorizing, recommending, presenting, or enhancing content, imagery, product information, marketing materials, and other elements of the Services.
AI-assisted or automated content remains subject to these Terms in the same manner as other content made available through the Services.
House of Inspired retains all rights available under applicable law in the protectable selection, arrangement, editing, modification, branding, presentation, and compilation of such content.
25. THIRD-PARTY LINKS AND SERVICES
The Services may contain links to, integrations with, or functionality provided by independent third parties.
The availability of a third-party website, platform, product, service, payment method, integration, or link does not, by itself, constitute endorsement by House of Inspired.
To the maximum extent permitted by applicable law, House of Inspired is not responsible for independent third-party websites, content, security, privacy practices, products, services, availability, representations, or conduct outside House of Inspired's reasonable control.
26. PRIVACY
Personal information collected, received, used, disclosed, or otherwise processed in connection with the Services is addressed in the House of Inspired Privacy Policy, which is incorporated into these Terms by reference.
The Privacy Policy provides additional information concerning House of Inspired's privacy practices; Shopify's processing of personal information; Shopify Network Intelligence and Shopify Audiences; payment, analytics, advertising, marketing, and other providers; applicable privacy choices; and available privacy-request mechanisms.
Where a matter concerns the collection, use, disclosure, processing, retention, or privacy rights associated with personal information, the Privacy Policy controls to the extent of a direct conflict with a more general provision of these Terms concerning that same privacy matter.
27. ACCOUNT SECURITY AND PROHIBITED CONDUCT
You are responsible for taking reasonable measures to safeguard credentials associated with your account.
House of Inspired may restrict or suspend access where reasonably necessary because of suspected compromise, fraud, misuse, security concerns, or unlawful activity.
You may not use the Services to engage in unlawful or fraudulent conduct; infringe intellectual-property or other rights; impersonate another person; transmit malicious code; obtain unauthorized access; interfere with security or system operation; manipulate transactions; abuse promotions or returns; submit fraudulent claims; unlawfully harvest personal information; systematically scrape protected content; circumvent technical, transaction, or quantity restrictions; or materially interfere with the Services.
28. NO AUTHORITY TO MODIFY TERMS OR CREATE OBLIGATIONS
No employee, representative, agent, contractor, supplier, service provider, or other person may modify these Terms or create a warranty, guarantee, commitment, admission, settlement, personal guarantee, or other obligation binding upon House of Inspired unless that person is expressly authorized to do so and the modification or obligation is documented in a form sufficient to bind House of Inspired.
Informal communications do not, by themselves, create a personal guarantee by an owner, member, officer, employee, representative, or agent.
29. NO ADMISSION BY ACCOMMODATION OR INVESTIGATION
A refund, replacement, return authorization, store credit, accommodation, goodwill gesture, investigation, complaint response, settlement discussion, or similar action by House of Inspired does not, by itself, constitute an admission of liability, wrongdoing, defect, breach, or legal obligation.
30. WEBSITE AND DIGITAL SERVICES DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, DIGITAL CONTENT, AND OTHER NON-PRODUCT ELEMENTS OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
HOUSE OF INSPIRED DOES NOT WARRANT THAT THE WEBSITE OR DIGITAL SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF INSPIRED DISCLAIMS WARRANTIES RELATING TO THE WEBSITE AND DIGITAL SERVICES THAT MAY LAWFULLY BE DISCLAIMED.
31. PRODUCT WARRANTIES
To the maximum extent permitted by applicable law, House of Inspired disclaims warranties that may lawfully be disclaimed and limits warranties and remedies to the maximum extent legally permissible.
Any applicable express manufacturer warranty, supplier warranty, written House of Inspired warranty, or other legally applicable warranty shall be governed by its terms and applicable law.
32. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOUSE OF INSPIRED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, OR SIMILAR ECONOMIC LOSS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE HOUSE OF INSPIRED PARTIES ARISING FROM OR RELATING TO A PARTICULAR PRODUCT, ORDER, OR PURCHASE TRANSACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO HOUSE OF INSPIRED FOR THE PARTICULAR PRODUCT, ORDER, OR TRANSACTION GIVING RISE TO THE CLAIM.
FOR A CLAIM ARISING SOLELY FROM USE OF THE WEBSITE OR DIGITAL SERVICES AND UNRELATED TO A PURCHASE TRANSACTION, THE AGGREGATE LIABILITY OF THE HOUSE OF INSPIRED PARTIES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Each limitation and exclusion in this Section is intended to operate independently to the maximum extent permitted by applicable law.
33. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the House of Inspired Parties from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, costs, and reasonable attorneys' fees arising from or relating to:
- your material breach of these Terms;
- your unlawful or unauthorized use of the Services;
- your violation of a third party's rights;
- content you submit through the Services;
- fraud or fraudulent conduct by you;
- your willful misconduct;
- your unlawful conduct; or
- your misuse or unauthorized modification of a product.
34. FORCE MAJEURE
To the maximum extent permitted by applicable law, House of Inspired shall not be responsible for delay or failure in performance to the extent caused by circumstances beyond its reasonable control, including, without limitation, natural disasters, severe weather, fire, flood, earthquake, epidemic or pandemic, governmental actions or restrictions, war, terrorism, civil unrest, labor or transportation disruptions, carrier or supplier failures, shortages, utility or internet outages, cyber incidents, failures of third-party systems or services, or supply-chain interruptions.
35. ELECTRONIC COMMUNICATIONS; SUSPENSION AND TERMINATION
You consent to receiving transaction-related notices, disclosures, confirmations, and other communications electronically where permitted by applicable law.
House of Inspired may suspend, restrict, or terminate access to the Services for material breach of these Terms, fraud, abuse, security concerns, unlawful conduct, material interference with the Services, or other legitimate business reasons.
Suspension or termination does not extinguish rights, obligations, claims, defenses, or provisions that accrued before termination or that by their nature are intended to survive.
36. INFORMAL DISPUTE RESOLUTION
Before commencing arbitration, the party asserting a dispute shall send an individualized written notice identifying the claimant, the applicable order or transaction if any, the factual and legal basis of the dispute, and the relief requested.
Notices to House of Inspired shall be sent to:
The parties shall attempt in good faith to resolve the dispute for thirty (30) days after receipt of the written notice described above.
37. BINDING INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION GENERALLY MEANS THAT DISPUTES ARE DECIDED BY AN ARBITRATOR RATHER THAN BY A JUDGE OR JURY.
Except for disputes eligible for small claims court as provided below and matters that applicable law prohibits from being arbitrated, disputes arising from or relating to these Terms, the Services, a product, an order, a transaction, or the relationship between you and any House of Inspired Party shall be resolved by binding individual arbitration.
The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement to the extent applicable.
The party initiating arbitration may propose the American Arbitration Association (“AAA”), JAMS, or another nationally recognized arbitration administrator. The arbitration administrator shall be mutually agreed upon by both parties, and the arbitration shall be conducted under the applicable consumer arbitration rules and procedures of the mutually agreed administrator.
If the parties do not mutually agree upon an arbitration administrator within fifteen (15) days after one party proposes an administrator in writing, either party may request that a court of competent jurisdiction appoint an arbitrator or otherwise provide for arbitration in accordance with applicable law.
If a mutually agreed arbitration administrator is unavailable or unwilling to administer the dispute, the parties may mutually agree upon another arbitration administrator. If they do not do so within fifteen (15) days after receiving notice of the administrator's unavailability or refusal, either party may request that a court of competent jurisdiction appoint an arbitrator or otherwise provide for arbitration in accordance with applicable law.
Failure or inability to agree upon an arbitration administrator, or the unavailability or refusal of a particular administrator, shall not, by itself, affect the validity or enforceability of the parties' agreement to arbitrate.
The arbitrator may award any remedy or relief authorized by applicable law in connection with the individual dispute.
Arbitration fees and costs shall be allocated in accordance with applicable law and the applicable consumer arbitration rules of the mutually agreed administrator.
38. INDIVIDUAL PROCEEDINGS, CLASS WAIVER AND SMALL CLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRABLE DISPUTES SHALL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION.
The arbitrator shall adjudicate only the dispute between the individual parties before the arbitrator. This limitation concerns the manner in which claims are adjudicated and does not restrict any remedy or relief that applicable law authorizes in an individual proceeding.
Where the applicable arbitration administrator determines that its rules or procedures governing coordinated, mass, or substantially similar arbitration demands apply, those rules or procedures shall govern their administration.
Either party may pursue an eligible individual claim in small claims court instead of arbitration where the claim satisfies the applicable requirements of that court.
39. GOVERNING LAW AND COURT VENUE
Except to the extent federal law or other mandatory applicable law provides otherwise, these Terms and disputes not subject to arbitration shall be governed by the laws of the State of California, without regard to conflict-of-law principles that would require application of another jurisdiction's law.
The Federal Arbitration Act governs the arbitration provisions to the extent applicable.
To the maximum extent permitted by applicable law, any dispute that is properly brought in court rather than arbitration shall be brought in the state or federal courts serving Los Angeles County, California, and the parties consent to the jurisdiction of those courts.
40. ASSIGNMENT; NO WAIVER; ENTIRE AGREEMENT; POLICY PRIORITY
You may not assign or transfer these Terms or your contractual rights or obligations under them without House of Inspired's prior written consent where such restriction is enforceable.
House of Inspired may assign or transfer its rights or obligations in connection with a merger, acquisition, financing, restructuring, change of control, sale of assets, transfer of the business, or similar transaction.
A delay or failure by House of Inspired to enforce a provision does not constitute a waiver of that provision or any other right.
These Terms together with the policies and transaction-specific terms expressly incorporated into them constitute the applicable agreement concerning their subject matter and supersede inconsistent prior understandings concerning that same subject matter.
In the event of a direct conflict between these Terms and an expressly incorporated policy or transaction-specific term, the more specific provision governing the particular subject matter shall control over a more general provision. Without limiting the foregoing, the Refund Policy controls with respect to voluntary return eligibility, store credits, restocking fees, non-returnable merchandise, and other matters specifically governed by that policy, and the Privacy Policy controls with respect to the collection, use, disclosure, processing, retention, and privacy rights associated with personal information.
41. INTERPRETATION
Unless the context clearly requires otherwise, the words “include,” “includes,” and “including” shall be construed as illustrative and not exhaustive and shall mean “include, without limitation,” “includes, without limitation,” and “including, without limitation,” respectively.
Section headings are provided solely for convenience and organization and shall not limit or otherwise affect the interpretation of these Terms.
42. MAXIMUM LAWFUL EFFECT; SAVINGS AND SEVERABILITY
THESE TERMS, AND EACH PROTECTION, LIMITATION, DISCLAIMER, EXCLUSION, RELEASE, ALLOCATION OF RISK, REMEDY, DEFENSE, PROCEDURAL RIGHT, AND OTHER RIGHT PROVIDED TO ANY HOUSE OF INSPIRED PARTY, SHALL BE CONSTRUED AND ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If applicable law prohibits or restricts enforcement of any provision or protection as written, that provision shall be construed, limited, modified, reformed, or severed only to the minimum extent necessary to comply with applicable law while preserving, to the maximum lawful extent, its intended protection of the House of Inspired Parties.
The invalidity, unenforceability, or inapplicability of any provision, in whole or in part, as applied to any particular person, claim, transaction, circumstance, product, or jurisdiction shall not affect its application in another circumstance or the validity or enforceability of any other provision.
No provision of these Terms shall be construed to waive or restrict a right or obligation that applicable law expressly prohibits from being waived or restricted.
43. CHANGES TO THESE TERMS; DATES; SURVIVAL
House of Inspired may revise these Terms prospectively from time to time to reflect changes in the Services, business practices, policies, technology, or applicable legal requirements.
House of Inspired may, but is not required to unless applicable law requires otherwise, display, update, publish, or otherwise identify an effective date, revision date, “Last Updated” date, version date, or similar date in connection with these Terms or other policies. The absence of a publicly displayed or updated date does not, by itself, affect the validity or enforceability of the applicable Terms or policy.
Unless otherwise stated or required by applicable law, revisions apply prospectively from the time they become effective.
Provisions that by their nature are intended to survive expiration, completion of a transaction, suspension, or termination shall survive, including applicable provisions concerning intellectual property, indemnification, disclaimers, limitations of liability, dispute resolution, arbitration, governing law, and accrued rights or obligations.
44. CONTACT
Questions concerning these Terms may be directed to:
House of Inspired
Email: support@houseofinspired.com