These terms of service (these “Terms”) govern your access to and use of the website (the “Site”) of Form Remodel, Inc., creators of FORM Kitchens at www.formkitchens.com, including any content, functionality and services offered on or through the Site, or remotely through any Form Remodel applications (collectively, the “Services”), so please read them carefully before using the Services.
Using our Services
By using the Services, you agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with Form Remodel and are not barred under any applicable laws from doing so. If you do not meet these requirements, you must not access or use the Services.
1. Description of Services
FORM Kitchens helps homeowners and trade professionals create plans using our cabinetry. FORM Kitchens offers the following Services:
The FORM Design Service was developed for homeowners. This is our full experience with one-on-one designer support throughout the design process and photorealistic visuals. This is more fully described at https://formkitchens.com/how-it-works/
The Technical Design Service was developed for trade professionals. This is a streamlined design process with optional value-driven add-ons. This is more fully described at https://formkitchens.com/trade/
Any policies, rules and fees posted by Form Remodel on the Site with respect to its Services are hereby incorporated into these Terms.
2. Changes to these Terms
We may revise and update these Terms 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 Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
3. Registering/Eligibility for the Services
To receive the design Services, you must set up an account on FORM. When you register for the Services, you will be asked to provide certain registration details such as your name and address. To be eligible to use the FORM site and Services, you must be a resident of the United States. By registering for the Services, you confirm that you are a resident of the United States; if you are not a United States resident, do not access FORM Kitchens’s site and do not register for the Services. If you access the FORM Kitchens site or Services from a location outside of the United States, you are solely responsible for compliance with all local and other applicable laws. By providing any information about yourself, you represent and warrant that all the information you provide via the Services is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with a username, password or any other piece of account information as part of our security procedures, 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 agree not to provide any other person with access to the Services or portions of it using your user name, password or other security 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.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms, or any applicable law or regulation.
4. Payments for Services
FORM Kitchens’s current fee schedule and payment policies for the Services are available on the website. You agree to pay all charges in the fee schedule, as well as any merchandise purchase charges, applicable sales tax, shipping costs and fees, at the time of merchandise checkout. This may include applicable sales tax, shipping costs and fees. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you.
5. Amendments
We may revise and update our fee schedule and Terms from time to time at our sole discretion. We will notify you of any revisions and updates by posting them to the website. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services following any such change constitutes your agreement to be bound by the modified fee schedule and Terms. If you do not agree to the revisions, you should stop using the Services. These Terms will identify the date of last update. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
6. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Form Remodel and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your own personal, non-commercial purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
You retain sole ownership of any photos or other content (“User Content”) you submit via the Services; however, you grant Form Remodel the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content (i) for the purpose of providing the Services to you and (ii) unless you opt out of such permission, for Form Remodel’s marketing and advertising purposes.
Form Remodel retains sole ownership of the 3D room models it creates using your User Content. Form Remodel grants you a right to use the 3D room models for your own personal, non-commercial purposes as an element of the Services and subject to all other provisions of these Terms with respect to the Services.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as follows:
You may privately share and publicly display the room model designs that we create for you on the Site.
Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by any applicable end user license agreement for such applications.
You must not:
Modify copies of any materials from the Site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
Access or use any part of the Site other than for purposes of receiving the Services.
If you wish to make any use of material on the Services other than as set out in this section, please address your request to hello@formkitchens.com.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Form Remodel. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
7. Trademarks
The FORM Kitchens name is a pending trademark of Form Remodel. You must not use this name and logo without the prior written permission of Form Remodel. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
8. Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Attempt to bypass methods FORM may use to prevent or restrict access to the Site or Services.
Otherwise attempt to interfere with the proper working of the Site.
Use the Site or Services for any purpose competitive to the FORM services, or for the purpose of disparaging the Services.
Scrape or copy profiles and information of other Site users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
9. Reliance on Site Contents and Services
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Form Remodel shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. Form Remodel disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
10. Termination
You have the right to terminate your FORM Kitchens account at any time by contacting us at hello@formkitchens.com. Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that Form Remodel is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. Form Remodel has no obligation to maintain or provide User Content of a FORM registrant after account termination and may delete all content provided unless legally prohibited from doing so.
Form Remodel may terminate your FORM Kitchens account with immediate effect for any violation whatsoever of these Terms.
11. Copyright Infringement
If you believe that your work, including any room or home furnishings photos or design models, has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at hello@formkitchens.com. Form Remodel will terminate the accounts of repeat offenders.
12. Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Site.
Send e-mails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
13. Links from the Site
The Site may contain links to other sites and resources provided by third parties, including marketers of home furnishings and design-related services. These links are provided for your convenience only. This may include links provided by other users or contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites.
14. Geographic Restrictions
Form Remodel is a U.S. company and the Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site 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 SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER FORM REMODEL NOR ANYONE ASSOCIATED WITH Form Remodel MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Form Remodel NOR ANYONE ASSOCIATED WITH FORM REMODEL REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FORM REMODEL AND ALL PARTIES ASSOCIATED WITH FORM HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
IN NO EVENT WILL FORM REMODEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL Form Remodel’S LIABILITY TO YOU EXCEED ANY FEES PAID BY YOU IN THE LAST TWELVE MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Indemnification
You agree to defend, indemnify, and hold harmless Form Remodel, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
18. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.
19. Waiver and Severability
No waiver of these Terms by Form Remodel shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Form Remodel to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Mobile Application Terms
Form Remodel may make certain mobile applications available to you. The use of mobile applications either alone or in connection with the Services is governed by these Terms. In addition, you must comply with all applicable third party terms of agreement when using the mobile applications (for example, any agreement with a wireless service or wireless data provider or the app store or other portal from where you downloaded the mobile application). You agree that these Terms and the Privacy Policy are between you and Form Remodel, and that even if you receive access to FORM through Apple, Inc.’s App Store or any other source (collectively, the “Distributor”) for use on a mobile device, the Distributor has no liability or responsibility whatsoever to you related to FORM, whether by contract, warranty or otherwise, and although you will continue to be bound by the terms you agreed with such Distributor, you will look only to Form Remodel for any support relating to the Services. You may use the FORM mobile application on a product that you own or control and as permitted by the usage rules set forth by the Distributor. The Distributor is not responsible for addressing any claims of any sort related to FORM, and you must address any claims directly with Form Remodel. The Distributor and its subsidiaries have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
21. Entire Agreement
These Terms and our Privacy Policy, and, to the extent applicable, the terms for any mobile application or software download, constitute the sole and entire agreement between you and Form Remodel with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
22. Miscellaneous
You may not assign any of your rights in these Terms, and any such attempt is void, but Form Remodel may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Form Remodel and you are not legal partners or agents; instead, our relationship is that of independent contractors.
23. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@formkitchens.com.
