TERMS OF SERVICE
TERMS OF USE
Welcome to the online store for HS HOMEWORX LLC, and its related businesses at www.slatkinandco.com and dwell212.com (the "Website"). In these terms of use, we also refer to HS HOMEWORX LLC as “Homeworx,” “Slatkin + Co.,” “we,” “us” and “our.” When we say “user”, “you” or “your,” we mean any user of the Website, including any person that has registered an account on the Website, any person who has notice of these terms of use, and any company, or other legal entity on behalf of which such person is accessing or using the Website, as applicable. Slatkin + Co. provides the content and services available on the Website to you subject to the following terms of use ("Terms of Use").
These Terms of Use are entered into by and between you and Slatkin + Co. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Website, including any content, functionality and products and services offered on or through the Website, whether as an account holder or a non-account holder. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when such an option is made available to you, you affirm that you are of legal age to enter into these Terms of Use and that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use, which include our Privacy Policy.
1. Privacy
While using the Website, you may provide, or we may collect, information about you. We're committed to protecting the privacy of our customers’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy. That Privacy Policy should be considered incorporated into these Terms of Use.
2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms of Use. Slatkin + Co. reserves the right to cancel any online order for any reason.
You may not sell or resell any of the products or services, or samples that you purchase from us or otherwise receive from us. Any resale is expressly prohibited unless authorized under the terms of a written agreement between us and the prospective reseller. Any resale shall be subject to, and governed by, the terms and conditions of such agreement.
Price adjustments are available for purchases on www.slatkinandco.com within 24 hour(s) of the order being placed. Price adjustments are only valid on standard promotions and promotional events and are not eligible for exclusive sales periods such as Prime Day, Black Friday / Cyber Monday, and Live Selling Events. Price adjustments are only able to be claimed and/or adjusted one (1) time per order. Slatkinandco.com does not price match with other sellers or suppliers. We reserve the right to deny price adjustments at our sole discretion. To request a price adjustment, reach out to the customer service team via our Contact page.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
We own all right, title, and interest, and/or have a valid right to use and sublicense the Website and all content on the Website, including, without limitation, all copyrighted material, trademarks, service marks, logos, trade names, patented material, trade secrets and other proprietary material used on the Website (collectively, “Intellectual Property”). This content may include, but is not limited to, information, software, data compilations, text, displays, images, graphics, logos, button icons, video and audio, and the design, selection, and arrangement thereof.
Slatkin + Co. grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website for your own personal non-commercial use, subject to your compliance with these Terms of Use, including, without limitation, the restrictions on the use of the Website. We may, in our sole discretion, suspend, discontinue or terminate this license to you at any time for any reason. Except as required under applicable law, you must not reproduce, duplicate, distribute, modify, sell, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit, in whole or in part, any of the material on our Website for any purpose without our prior written consent.
5. Infringement of Rights
You agree that we may communicate any notices to you under the Terms of Use, through electronic mail, regular mail or posting the notices on the Website. All notices to us will be provided by sending a letter, certified mail, to 1460 Broadway, New York, NY 10036 Attn: Slatkin + Co. Customer Service.
- Infringement of Copyright Rights
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notification of claims of infringement (“Designated Agent”). Our Designated Agent is:
HS HOMEWORX, LLC
1460 Broadway
New York, NY 10036
Attn: Slatkin + Co. Copyright Manager
Email: support@slatkinandco.com
If you believe in good faith that any content posted on the Website infringes any copyright in any work of yours, you agree to contact our Digital Millennium Copyright Act (“DMCA”) Copyright Agent as identified above – hereby designated under the DMCA (17 U.S.C. §512(c)(3)) – with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed
- Identification, with information reasonably sufficient to allow its location, of the material that is claimed to be infringing
- Information reasonably sufficient to permit us to contact you
- A statement 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
- A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact us at support@slatkinandco.com.
- Infringement of other intellectual property rights
If you believe in good faith that any materials posted on or accessed via the Website infringe any of your rights (including any trademark or privacy rights but not including rights in copyright as addressed in the Copyright Policy above) or are otherwise unlawful, you agree to send a notice to support@slatkinandco.com containing the following information:
- Your name, physical address, e-mail address and phone number.
- A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful and which parts of said Materials you believe should be remedied or removed.
- Identification of the location of the materials on the Website.
- If you believe that the materials violate your rights, a statement as to the basis of the rights that you claim are violated.
- If you believe that the materials are unlawful or violate the rights of others, a statement as to the basis of this belief.
- A statement under penalty of perjury that you have a good-faith belief that use of the materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and is provided in good faith.
- Your physical or electronic signature.
If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative materials or any other entity as we deem appropriate.
6. Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage HomeWorx or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO HOMEWORX, OUR AFFILIATES, PARTNERS OR LICENSORS.
7. Your Account
You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge and agree that we are not liable for any claim, demand, loss, or damages of any kind that may result from unauthorized access to your account, irrespective of whether you were aware of such unauthorized access.
If we have reasonable grounds to suspect, as determined in our sole discretion, that any information you provide in connection with your account is untrue, inaccurate, or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your account. We shall have no liability associated with or arising from your failure to maintain accurate information in connection with your account, including, but not limited to, your failure to receive critical information about us and/or the Website.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
8. Linking
Slatkin + Co. has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Slatkin + Co. We may permit some links for convenience, but such links are not an endorsement by
Slatkin + Co., our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Slatkin + Co. and should be reviewed by you when you use the link to access the other website.
9. Submissions
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
10. Indemnification
You agree to defend, indemnify and hold harmless Homeworx, its affiliates and its partners, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, from and against all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Website, your breach or alleged breach of these Terms of Use, or your breach or alleged breach of any intellectual property or other proprietary rights of third parties with respect to any user content you post to the Website.
11. Limitation of Liability
In no event shall Homeworx, its affiliates and its partners, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, be liable for damages or losses of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of the Terms of Use), under any legal theory, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any content or services obtained through the Website, even if Homeworx, its affiliates or its partners have been advised of the possibility of damages and even if the possibility of damages is otherwise foreseeable.
For products purchased through the Website, notwithstanding any damages that you may incur, the entire liability of Homeworx and any of its suppliers under any provision of these Terms of Use, and your exclusive remedy, shall be limited to the amount actually paid by you for a product purchased through the Website or, alternatively, $100 USD if you have not purchased a product through the Website.
Some states of the United States do not allow the exclusion of implied warranties or limitation of liability for certain damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
12. Disclaimer of Warranties
You acknowledge and agree that your use of the Website in any way, including any downloads from the Website, is solely at your own risk and that you will be solely responsible for any damage or loss that you may incur from use of the Website.
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, either express, implied or statutory. We make no warranty or representation with respect to (i) the completeness, security, reliability, quality, accuracy or availability of the Website; (ii) the accuracy, reliability, and otherwise expected performance of any content or services obtained through the Website; (iii) the absence of viruses or other malicious code; and (iv) correction of defects or other operational limitations on the Website.
HOMEWORX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Additionally, we provide no warranty or undertaking, and make no representation of any kind that the services provided through the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
These disclaimers shall apply to the fullest extent permitted by law.
13. Fraud Protection
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
14. Disputes
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of New York, as if the Terms of Use were a contract wholly entered into and wholly performed within New York.
15. Waiver and Severability
No waiver by Slatkin + Co. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Slatkin + Co. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable or otherwise contrary to law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
16. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Slatkin + Co with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
17. Modification of Terms of Use
We reserve the right, in our sole discretion and without notice, to change these Terms of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms of use.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.
Contact Us
If you have any questions about these Terms of Use, you can contact us by email at support@slatkinandco.com
Last Updated: November 8, 2024