Terms of service

OVERVIEW

This website is operated by Agathus Properties LLC, a California corporation, which includes its fully owned subsidiary, Agathus Studios LLC (collectively referred to as “Agathus,” “we,” “us,” or “our”). Agathus provides information, tools, and services, along with various products and offerings (collectively referred to as the “Service” or “Services”), subject to your acceptance of these Terms of Service (“Terms”) and any other written agreements between us and you.

By accessing or using this website or purchasing any product or service offered by Agathus Properties LLC or Agathus Studios LLC, you agree to be bound by these Terms, including any additional terms and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, and contributors of content.

 

ACCEPTANCE OF TERMS

By using our site or Service, you represent and warrant that:

  1. You have read and understood these Terms, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms;
  2. You agree to be bound by these Terms of Service and any applicable additional terms;
  3. You are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; and
  4. If you use the Service and/or purchase any Products, Services, and/or Consultations on behalf of another person, or an entity, organization, or company, you represent and warrant that you have the authority to bind that person, entity, organization, and/or company to these Terms and you agree to be bound by these Terms on behalf of that person, entity, organization, and/or company (in which case, “you” and “your” as used throughout these Terms shall also refer to such other person, entity, organization, and/or company).

YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY SERVICE (OR ANY PART THEREOF) IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT HAVE THE REQUISITE AUTHORITY, OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.  

Our website and online store are hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Any new features or tools which are added to the current website or store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ADDITIONAL TERMS

When using particular services or materials through or in connection with Agathus, you will be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms, including without limitation, our Privacy Notice, Purchase Terms and Conditions, and Return Policy (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated into and made a part of these Terms by reference. In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the our Services, the site, or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

GENERAL CONDITIONS

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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are 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 websites. Please review carefully 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.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store or website is governed by our Privacy Policy.

PROPRIETARY RIGHTS

All content, tools, materials, and intellectual property provided through the website, Agathus’ social media accounts, and Services—including but not limited to text, designs, concepts, graphics, images, drawings, renderings, plans, logos, button icons, videos, audio clips, processes, data compilations, software, and code—are the exclusive property of Agathus or are licensed to Agathus, and are protected under United States and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, display, transmit, publish, sell, or otherwise exploit any part of the intellectual property provided by Agathus without express written consent, except to the extent that Virtual Design and Full Service Design clients are granted a non-exclusive, non-transferable license to use final design deliverables provided by Agathus in connection for personal, non-commercial purposes. Unauthorized use of any of Agathus’ intellectual property, including use outside the scope of authorized purposes, is strictly prohibited and may result in legal action.

You may not contact a Designer employed by Agathus and that you meet through the Site or through the Services for any purpose which results in you avoiding paying though Agathus for future projects with that Designer. Designer may not sell furniture or services to you other than though the Site.

 

CONFIDENTIALITY

All proprietary information, including but not limited to design concepts, processes, methodologies, pricing, vendor relationships, and trade secrets, shared or created during the course of providing Services, shall remain the exclusive property of Agathus. You agree to maintain the confidentiality of all proprietary information and not to disclose, share, or use such information for any purpose other than the intended scope of the Services without prior written consent from Agathus. Any unauthorized use or disclosure of proprietary information may result in legal action.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information provided on this site is for general informational purposes only. While we strive to ensure accuracy, we are not responsible if the information is incomplete, inaccurate, or outdated. Reliance on any information on this site is at your own risk, and the information on this site 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.

This site may include historical information, which is provided for reference purposes only and may not reflect current conditions. We reserve the right to modify the content on this site at any time, but we are under no obligation to update it. Monitoring changes to the site is your responsibility.


PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website and in limited quantities. These products or services are subject to our Return Policy and any additional terms provided at the time of purchase.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services 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. Prices for our services and products are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

CLIENT RESPONSIBILITIES FOR DESIGN SERVICES

Agathus provides design recommendations, including but not limited to furniture and product specifications, cabinetry layouts, space planning, spatial redesigns, and styling advice, as general guidance for clients. While we strive to ensure the accuracy of our measurements and recommendations, clients are responsible for the following:

  1. Verifying Accuracy and Fit: Ensuring that the recommended products, materials, and cabinetry layouts are suitable for their space and meet their functional and aesthetic requirements prior to purchase or installation.
  2. Confirming Compliance with Regulations: Ensuring that all recommended products, materials, and designs comply with applicable building codes, safety standards, and regulations in their locality.
  3. Engaging Qualified Professionals: Hiring and coordinating with licensed contractors, electricians, plumbers, and other professionals as needed to implement the design recommendations, including construction, installation, or modifications.
  4. Assessing Feasibility of Modifications: Reviewing and approving any structural, electrical, or plumbing modifications with licensed professionals prior to proceeding with construction.

 

DISCLAIMER OF WARRANTIES

Agathus provides its content, services, products, and recommendations as general guidance and is not responsible for:

  1. Information Accuracy: Issues arising from inaccurate, incomplete, or outdated information provided by you, including but not limited to measurements, existing site conditions, or preferences.
  2. Implementation and Installation: Delays, additional costs, damages, or issues resulting from improper installation, errors by contractors, third-party service providers, or changes made by clients or third parties during implementation.
  3. Regulatory Compliance: Compliance with building codes, permits, safety standards, or other regulations unless expressly stated in a written agreement.
  4. Product Defects and Discrepancies: Product or material defects, including color, texture, size, or fit discrepancies, or any other variations not identified prior to purchase, installation, or delivery.
  5. Retail Items and Third-Party Purchases: Misrepresentations, defects, or warranty issues related to products or services purchased from third-party vendors or retailers.

ALL CONTENT, SERVICES, INFORMATION, PRODUCTS, AND OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

  1. THE CONTENT, SERVICES, PRODUCTS, OR SITE WILL MEET YOUR EXPECTATIONS;
  2. THE CONTENT, SERVICES, PRODUCTS, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. THE RESULTS OBTAINED FROM USING THE CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR
  4. THE QUALITY OF ANY CONTENT, SERVICES, OR PRODUCTS PURCHASED OR OBTAINED THROUGH OUR SITE OR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE OF ERRORS OR DEFECTS.

Agathus reserves the right to modify, suspend, or remove any content, service, or offering at any time for any reason, including indefinitely, without prior notice to you. Your use of any content, services, or products provided by Agathus or affiliates is entirely at your own discretion and risk.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, cancel, or limit any order you place with us at our sole discretion. Restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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. For more information, review our Return Policy.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Agathus, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services 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 advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In any event, our liability shall not exceed the cost of the product or Service paid by you.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Agathus, its owner(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service), except where a separate written agreement has been entered into, such as contracts for full service design. In such cases, the terms of the written agreement shall govern to the extent of any conflict with these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States, and specifically by the laws of the State of California. 

DISPUTE RESOLUTION AND ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or the relationship between you and Agathus shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall take place in Orange County, California, unless both parties agree to a different location. Each party shall bear its own arbitration costs and attorney's fees unless otherwise required by law or the arbitrator’s decision.

You agree to waive any right to a jury trial or to participate in a class action. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.


CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@agathus.com.