KH Room Service Terms of Service

Please read these Terms of Use (the "Agreement") carefully. Your use of the KH ROOM SERVICE constitutes your consent to this Agreement.

This Agreement is between you and KRISTA WATTERWORTH, LLC DBA KRISTA + HOME ("KH ROOM SERVICE") concerning your use of (including any access to) the website currently located at www.khroomservice.com and other websites that we own and control which contain a link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, the "Sites”.  The Sites are referred to collectively in this Agreement as the "KH ROOM SERVICE Online Properties”.

This Agreement hereby incorporates by this reference any additional terms, conditions or updates posted by KH ROOM SERVICE through the KH ROOM SERVICE Online Properties, or otherwise made available to you by KH ROOM SERVICE.

BY USING THE KH ROOM SERVICE ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE KH ROOM SERVICE ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. Changes. We may change this Agreement by posting a revised Agreement through the KH ROOM SERVICE Online Properties. Any such changes will become effective immediately.
2. Information Submitted Through the KH ROOM SERVICE Online Properties. Your submission of information through the KH ROOM SERVICE Online Properties is governed by KH ROOM SERVICE's Privacy Policy, located at https://kristahome.com/privacy-policy. You represent and warrant that any information you provide in connection with the KH ROOM SERVICE Online Properties is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues. The KH ROOM SERVICE Online Properties are controlled or operated (or both) from the United States, and are not intended to subject KH ROOM SERVICE to any non-U.S. jurisdiction or law. The KH ROOM SERVICE Online Properties may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the KH ROOM SERVICE Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the KH ROOM SERVICE Online Properties' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Products. The KH ROOM SERVICE Online Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by KH ROOM SERVICE or by third parties. The availability through the KH ROOM SERVICE Online Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. You must visit our facility to see precise materials and colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
5. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the KH ROOM SERVICE Online Properties or through other sales channels such as telephone orders, mail orders or our physical stores (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the KH ROOM SERVICE Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the KH ROOM SERVICE Online Properties and accepting this Agreement, you hereby authorize KH ROOM SERVICE and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.

Restrictions. KH ROOM SERVICE reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed on line through the KH ROOM SERVICE Online Properties or via customer service and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.

Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though the KH ROOM SERVICE Online Properties, via customer service and/or to facilitate future Transactions you may initiate through the KH ROOM SERVICE Online Properties. You may withdraw your consent permitting KH ROOM SERVICE to store your Payment Information. Any changes to the terms of this consent permitting KH ROOM SERVICE to store your Payment Information will be communicated to you as described in Section 1 of this Agreement.

Refunds & Exchanges. KH furnishings are custom ordered and therefore there are no refunds and exchanges.  

7. Rules of Conduct. In connection with the KH ROOM SERVICE Online Properties, you must not:

• Post, transmit or otherwise make available through or in connection with the KH ROOM SERVICE Online Properties any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the KH ROOM SERVICE Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Use the KH ROOM SERVICE Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the KH ROOM SERVICE Online Properties.
• Interfere with or disrupt the operation of the KH ROOM SERVICE Online Properties or the servers or networks used to make the KH ROOM SERVICE Online Properties available, including by hacking or defacing any portion of the KH ROOM SERVICE Online Properties, or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the KH ROOM SERVICE Online Properties.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the KH ROOM SERVICE Online Properties except as expressly authorized herein, without KH ROOM SERVICE's express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the KH ROOM SERVICE Online Properties, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the KH ROOM SERVICE Online Properties.
• Frame or mirror any portion of the KH ROOM SERVICE Online Properties, or otherwise incorporate any portion of the KH ROOM SERVICE Online Properties into any product or service, without KH ROOM SERVICE's express prior written consent.
• Systematically download and store content of the KH ROOM SERVICE Online Properties.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or otherwise gather content from the KH ROOM SERVICE Online Properties, or reproduce or circumvent the navigational structure or presentation of the KH ROOM SERVICE Online Properties, without KH ROOM SERVICE's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites' root directories, KH ROOM SERVICE grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. KH ROOM SERVICE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

9. KH ROOM SERVICE's Proprietary Rights. Our trade names, trademarks and service marks, among others, include KH ROOM SERVICE, KRISTA + HOME and any associated logos. All trade names, trademarks, service marks and logos on the KH ROOM SERVICE Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the KH ROOM SERVICE Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
10. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") made available through the KH ROOM SERVICE Online Properties may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
11. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE KH ROOM SERVICE ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) KH ROOM SERVICE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE KH ROOM SERVICE ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM USE.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH KH ROOM SERVICE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").

While we try to maintain the timeliness, integrity and security of the KH ROOM SERVICE Online Properties, we do not guarantee that the KH ROOM SERVICE Online Properties are or will remain updated, complete, correct or secure, or that access to the KH ROOM SERVICE Online Properties will be uninterrupted. The KH ROOM SERVICE Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the KH ROOM SERVICE Online Properties. If you become aware of any such alteration, please contact us by visiting hello@kristahome.com and providing a description of such alteration and its location.

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: KH ROOM SERVICE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE KH ROOM SERVICE ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) KH ROOM SERVICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE KH ROOM SERVICE ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE KH ROOM SERVICE ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE KH ROOM SERVICE ONLINE PROPERTIES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF KH ROOM SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO KH ROOM SERVICE TO USE THE KH ROOM SERVICE ONLINE PROPERTIES; AND (2) TEN U.S. DOLLARS ($10).

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH KH ROOM SERVICE AND THE AFFILIATED ENTITIES.

13. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless KH ROOM SERVICE and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the KH ROOM SERVICE Online Properties; and (b) any violation or alleged violation of this Agreement by you.
14. Termination. This Agreement is effective until terminated. KH ROOM SERVICE may terminate or suspend your use of any or all of the KH ROOM SERVICE Online Properties at any time and without prior notice, including if KH ROOM SERVICE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the KH ROOM SERVICE Online Properties will immediately cease, and KH ROOM SERVICE may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials.
15. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Florida, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KH ROOM SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT KH ROOM SERVICE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location in Florida which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

16. Information or Complaints. If you have a question or complaint regarding any of the KH ROOM SERVICE Online Properties, please contact us by emailing hello@kristahome.com .You may also contact us by writing to KRISTA + HOME, Attn: KH Room Service Customer Service, 4650 Donald Ross Road, Suite A-112 Palm Beach Gardens, Florida 33418, or by calling us at 561.530.3983. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.

17. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
18. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and KH ROOM SERVICE. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and KH ROOM SERVICE relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and KH ROOM SERVICE relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the KH ROOM SERVICE Online Properties or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. KH ROOM SERVICE will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.