Legal

Terms of Use

Welcome to Apartment Therapy Marketplace! Our products and services are provided by AT Media Marketplace, LLC, a New York limited liability company ("Apartment Therapy Marketplace," "we," or "us"). These Terms of Use govern your access to and use of the website and mobile applications owned and operated by Apartment Therapy Marketplace and third-party websites powered by Apartment Therapy Marketplace (collectively, our "Service"). By accessing or using our Service, you agree to be bound by these Terms of Use, our Privacy Policy and all other policies and guidelines listed on our Service. Persons or entities who use our Service in any capacity are referred to herein as "Users."

Last updated on May 25, 2018

Acceptance of these Terms of Use

WHEN YOU ACCESS OR USE OUR SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING OUR SERVICE.

Apartment Therapy Marketplace Membership and Use

Who Can Use Apartment Therapy Marketplace?

You may use our Service only if you can form a binding contract with Apartment Therapy Marketplace and only in compliance with these Terms of Use and all applicable laws. By using our Service, you represent that you are at least 18 years old. Individuals under the age of 18 may use our Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is deemed to be the User and is fully responsible for any and all activities. Pursuant to 47 U.S.C. Section 230(d) as amended, Apartment Therapy Marketplace hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Our License to You

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Service.

Joining Apartment Therapy Marketplace

Registration is required to access certain features of our Service, such as posting and sending a message to another User. If you choose to register, you are required to enter a valid email address, password, and public display name. You must keep your account information up-to-date and accurate at all times and you are responsible for maintaining the confidentiality of this information. By joining Apartment Therapy Marketplace, you agree to receive non-optional notification emails associated with account messaging and actions.

Commercial Use of Apartment Therapy Marketplace

If you open an account on behalf of a company, organization or other entity, then (a) "you" includes you and that entity, (b) you represent that you are authorized to grant all permissions and licenses provided in these Terms of Use and bind that entity to these Terms of Use, and (c) you agree to these Terms of Use on behalf of that entity.

Account Restrictions

In connection with your use of our Service, you agree to abide by the following account restrictions at all times:

  • You cannot use the word "Apartment Therapy Marketplace" or any derivation thereof in your name, nickname or store name;
  • You cannot publicly post your private information, including your phone number and email address;
  • You cannot pretend to be someone else or use the personally identifiable information or likeness of another person or entity;
  • You cannot have multiple accounts unless they are for different entities (e.g., personal and business); and
  • You cannot transfer or sell your Apartment Therapy Marketplace account to another person or entity.

Code of Conduct

In connection with your use of our Service, you agree to abide by the following code of conduct at all times:

  • Be nice, even generous, and treat other Users with respect and kindness;
  • Do not harass, stalk, insult, threaten or abuse other Users;
  • Do not use profane, racist or otherwise inappropriate language;
  • Do not share private information of another User; and
  • Do not use any public areas of our Service to demonstrate or discuss a dispute with another User, Apartment Therapy Marketplace or others.

Suspension and Termination of Account

Users who do not comply with these Terms of Use and the published policies of Apartment Therapy Marketplace may be subject to review which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In addition, Apartment Therapy Marketplace reserves the right to suspend account privileges and use of our Service by any person or entity at any time when the continued use of our Service by such person or entity is deemed, in our sole discretion, not to be in our best interests or in the best interests of other Users. If your account privileges have been temporarily or indefinitely suspended, you will not have access to our Service.

Disabling or Deleting Your Account

You may temporarily disable or permanently delete your account at any time. If emails to your account are undeliverable, or if you mark one of our emails as spam, your account will automatically be disabled. Apartment Therapy Marketplace reserves the right, in our sole discretion, to permanently delete and disable accounts that are unconfirmed, inactive or disabled for a period of 12 months or more or that are permanently suspended.

User Content and Comments

Posting Content

Apartment Therapy Marketplace allows you to post content, including photos, comments, messages, links and other materials. Anything that is posted or otherwise made publicly available on our Service by a User, including you, is referred to as "User Content." You retain all rights in, and are solely responsible for, all User Content that you post to our Service.

How Apartment Therapy Marketplace and Other Users Can Use Your User Content

By posting content on our Service, you grant Apartment Therapy Marketplace, and any third-party websites powered by Apartment Therapy Marketplace, a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide perpetual license to use, store, display, reproduce, modify, create derivative works from, perform and distribute your User Content in any and all media or distribution methods, solely for the purposes of operating, developing and providing our Service. You represent that you have all of the rights, power and authority necessary to grant the license granted herein to any User Content that you post on our Service. Nothing contained in these Terms of Use shall restrict other legal rights Apartment Therapy Marketplace may have to your User Content, for example under other licenses.

Feedback You Provide

We love hearing from our Users and are always interested in learning about ways we can improve our Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Apartment Therapy Marketplace does not waive any rights to use similar or related feedback previously known to Apartment Therapy Marketplace, developed by its employees or obtained from sources other than you.

User Content from Others

All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed or warranties made via User Content. Any use or reliance on User Content on our Service is at your own risk. Under no circumstances will Apartment Therapy Marketplace be liable for any losses or damages incurred as a result of the use of User Content available through our Service or syndicated elsewhere.

Monitoring Content

We reserve the right (but have no obligation) to review, modify and remove User Content for any reason, including for purposes of preserving editorial quality, clarifying language, correcting mistakes, enhancing keywords and removing User Content that we believe violates these Terms of Use or our policies. In the event of any such modification or removal, we disclaim any obligation to notify you of any such modifications or of removal.

Reporting Inappropriate Content

We do not pre-screen or verify Users or User Content. You understand that by using our Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, listings that have been mislabeled or are otherwise deceptive. If you come across User Content that you feel is inappropriate, you can email us at marketplace@apartmenttherapy.com.

Third-Party Sites and Services

Our Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Apartment Therapy Marketplace. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service or content from Apartment Therapy Marketplace, you do so at your own risk and you agree that Apartment Therapy Marketplace will have no liability arising from your use of or access to any such third-party website, service or content.

If you believe that any content appearing on our Service, including content created and/or displayed by Apartment Therapy Marketplace or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at legal@apartmenttherapy.com with "DMCA Takedown Request" in the subject line. You may also contact us by mail at:

Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012

To be effective, the notification must be in writing and contain the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Service that is reasonably sufficient to enable us to identify and locate the material;
  • How we can contact you, such as 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 by law; and
  • A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Transactions and Messages

Transactions Between Users

Apartment Therapy Marketplace is not involved in transactions between you and other Users. By connecting with other Users via our Service, you are entering into a direct and personal relationship with that User. This includes meetings, payments, delivery, returns, conditions, warranties and representations. You agree that Apartment Therapy Marketplace shall not be held liable for your dealings and interactions with other Users, including any losses or damages resulting from such dealings or interactions.

Messaging Restrictions

In connection with your use of our Service, you agree to abide by the following messaging restrictions at all times:

  • Do not share or ask for a personal email address;
  • Do not share or ask for credit card or bank information;
  • Do not share your PayPal address (ask for an invoice instead);
  • Do not message someone unless you are interested in one of their listings;
  • Do not flame. If you are annoyed, upset or frustrated, please stop and think before you write. Stay positive;
  • Do not message someone who has asked not to be contacted; and
  • Do not use messages to send spam, including unsolicited advertising, promotions or requests.

Member Disputes

We reserve the right (but have no obligation) to mediate disputes between Users for the sole purpose of customer satisfaction and conflict resolution. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold Apartment Therapy Marketplace, its officers, employees, agents, and successors, harmless and not liable for and claims, losses, damages or costs resulting from the resolution.

Listings

Creating a Listing

By posting to our Service, you represent to other Users and prospective buyers that: (a) your use of our Service and all aspects of the listing comply with these Terms of Use and our policies; (b) you have the legal right and ability to sell the goods included in the listing; (c) the listing is accurate, current and complete and is not mislabeled, misleading or otherwise deceptive; and (d) you will close the listing as soon as the item is no longer available to be purchased. The purchase price for each item listed on our Service is determined by the seller. For sales where a seller lists goods at a fixed price, the seller is obligated to sell the goods at the listed price to buyers who meet the terms set forth by the seller.

Listing on Websites Powered by Apartment Therapy Marketplace

Third-party websites powered by our Service may choose not to allow certain listings. If you use one of these websites, read the "What's for Sale" section of the Buying and Selling page on such website. If you publish an allowed listing that is not allowed on such website, your listing may be removed from such website, however it will continue to display on Apartment Therapy Marketplace and other affiliated websites within our Service.

Listing Policies

In connection with your use of our Service, you agree to abide by the following listing policies at all times:

  • Your listing cannot contain ALL CAPS in the title, description or keywords;
  • Your listing cannot contain copyrighted material that does not belong to you unless you have written consent to do so;
  • Your listing cannot contain a link to another website for online purchases, provided that if you have an online store, you may link to it from your profile;
  • Your listing cannot contain an email address or phone number;
  • Your listing images cannot contain text;
  • You cannot create more than one listing for the same item;
  • Your listing cannot group multiple items. Each item must have its own listing unless you have multiple quantities of the same item or the items are a set to be sold together; and
  • You cannot edit a listing's content to change it to an entirely different item (this is considered fee avoidance); and
  • You cannot edit a listing after a transaction has already begun if the changes made will affect the original transaction terms;

Your listing must have the following fields completed before publishing:

  • Title that specifies the item name;
  • Description of the item including all relevant information such as item dimensions, item history, item quality and any imperfections, etc., as well as forms of payment you accept, any taxes or other applicable fees, available shipping/delivery options and return policy;
  • Image(s) of the item;
  • Price and Payment Type;
  • Selected Shipping Options and details you can provide for the item;
  • Accurate Listing location to provide shoppers with an estimate of delivery/pick up time frame.

Allowed Listings

In connection with your use of our Service, you are allowed to list any of the following home items:

  • Furniture and storage for home, kitchen and office;
  • Decor and accessories (e.g. clocks, mirrors, vases, etc.);
  • Home textiles (e.g., bedding, curtains, rugs, etc);
  • Household and kitchen appliances;
  • Art and design (including tabletop and sculpture);
  • Antiques and collectibles (e.g. framed art, decorative memorabilia);
  • Indoor plants and trees; and
  • Tchotchkes and curios.

Not Allowed (Wrong Venue)

The following listings are not allowed or inappropriate for listing on our Service:

  • Garage sales, yard sales, stoop sales, estate sales, etc.;
  • Services;
  • Real estate sales, rentals and apartment swaps;
  • Classes, events and meetups;
  • Community announcements and want-ads;
  • Items for rent or trade;
  • Job offers and gigs;
  • Promotional advertisements, sales and coupons;
  • Pets for sale or adoption;
  • Pet supplies and accessories;
  • Personals (e.g., dating, friendship, etc.);
  • Food and drink;
  • Games and toys;
  • Apparel, fashion accessories and jewelry;
  • Personal electronics (e.g., computers, tablets, smart phones, etc.);
  • Bikes, cars, scooters, trailers, boats and other modes of personal transportation;
  • Entertainment (e.g., DVDs, CDs, VHS and cassette tapes);
  • Toiletries and cosmetic items (e.g., makeup, perfumes, soaps, etc.);
  • Art and craft supplies or tools; and
  • Gift certificates and gift cards.

Prohibited Items

The following categories of listings, businesses and business practices are strictly prohibited on our Service (“Prohibited Businesses" or "Prohibited Listings"). The categories listed below are representative, but not exhaustive. You may not to use the Service for anything that violates any laws, the rights of any third-party or that fall into any of the following categories. If you are uncertain as to whether your listing may be prohibited, or have a question about how these requirements apply to you, contact us at marketplace@apartmenttherapy.com.

  • Alcohol and tobacco;
  • Firearms, weapons, fireworks or any destructive device;
  • Pornography and adult-oriented items, content and services;
  • Offer or solicitation of prostitution;
  • Gambling items, services or activities;
  • Drugs of any kind, drug-like substances or drug paraphernalia;
  • Pseudo pharmaceuticals;
  • Substances designed to mimic illegal drugs;
  • Blood, bodily fluids or body parts;
  • Regulated products and services;
  • Intellectual property or proprietary rights;
  • Counterfeit, knock-off brand name or unauthorized goods;
  • Stolen property or property with the serial number removed or altered;
  • Recalled items;
  • Items or activities that promote or glorify hatred or racial or religious intolerance;
  • Illegal, inappropriate or offensive items or activities;
  • Items or activities that enable or instruct others to engage in illegal activity;
  • Cash or cash equivalents such as money orders, travelers’ checks, etc.;
  • Investment and credit services;
  • Legal services;
  • Virtual currency or stored value;
  • Money aggregation;
  • High risk businesses;
  • Get rich quick schemes, money-making items or services;
  • Medical and health services;
  • Miracle cure products;
  • Multi-level marketing;
  • Mug shot publication or pay-to-remove services;
  • Video game or virtual world credits;
  • Sale of social followers, likes, views, etc.;
  • Bulk email or mailing lists; and
  • No-value-added services.

Fees and Credits

Fees

It is free to use Apartment Therapy Marketplace, register for an account, make a purchase from another User, and list items for sale. There are no membership, listing or transaction fees associated with Apartment Therapy Marketplace.

Payment of Fees

You are responsible for paying all fees and applicable taxes associated with using Apartment Therapy Marketplace. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you choose to pay fees with another currency, you are responsible for all bank fees associated with such payment.

Certification

Users who have purchased Certification previously on Apartment Therapy Marketplace are marked as "Certified" for one year from the purchase date. Certification of a User indicates that a good faith attempt was made by Apartment Therapy Marketplace to verify the User’s identity. Certification does not prove the honesty or trustworthiness of a User. Apartment Therapy Marketplace may, in its sole discretion, choose to temporarily or permanently remove a User's certification status at any time and without notice.

Privacy and Security

Hosting and Data Storage

Any information that you provide to Apartment Therapy Marketplace is subject to our Privacy Policy which governs our collection and use of your information. Through your use of our Service, you consent to the collection and use (as set forth in our Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Apartment Therapy Marketplace.

Protection of User Information

Apartment Therapy Marketplace strives to safeguard User information by using generally accepted industry standard means of protection to ensure that User information is kept private during transmission and storage. However, no method of storage or transmission over the Internet is ever 100% secure, therefore we cannot guarantee absolute security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time.

Your Password

Your Apartment Therapy Marketplace account is protected by a password for your privacy and security. Your password is securely stored and Apartment Therapy Marketplace does not have access to it. You need to prevent unauthorized access to your account by selecting and protecting your password appropriately, and by limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access our Service and for any activities or actions conducted under your password, whether or not you have authorized such use. You agree to notify Apartment Therapy Marketplace immediately of any unauthorized use of your account.

Responsible Disclosure

If you find a security vulnerability with Apartment Therapy Marketplace, do not publicize it and avoid data deletion, unauthorized data access and service disruption while testing the vulnerability you found. Contact us immediately at marketplace@apartmenttherapy.com and give us enough detail to reproduce the vulnerability.

Access and Interference

You may not do any of the following while accessing or using our Service:

  • Access, tamper with, or use non-public areas of Apartment Therapy Marketplace, our computer systems or the technical delivery systems of our providers;
  • Exploit a vulnerability of any system, network or breach;
  • Attempt to circumvent any security or authentication measures;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Apartment Therapy Marketplace to send altered, deceptive or false source-identifying information;
  • Interfere with or disrupt, (or attempt to do so), the access of any User, host or network, including sending a virus, overloading, flooding, spamming, mail-bombing Apartment Therapy Marketplace, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on Apartment Therapy Marketplace; or
  • Transmit viruses or other material designed to disrupt computer hardware or software functionality.

Apartment Therapy Marketplace Intellectual Property

"Apartment Therapy" is a registered trademark in the United States. Other Apartment Therapy graphics, logos, designs, buttons, icons, scripts and service names are trademarks, service marks or copyrights of Apartment Therapy Media or Apartment Therapy, LLC (the parent entity of Apartment Therapy Marketplace). All design and content related to our Service (excluding User Content) and any derivative works or enhancements of the same, including all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the “Service Content”), and all intellectual property rights to the same, are owned by Apartment Therapy Marketplace, Apartment Therapy, LLC, their respective licensors or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Service are owned by Apartment Therapy Marketplace, Apartment Therapy, LLC, their respective licensors or both. All right, title, and interest in and to our Service and the Service Content, and all intellectual property rights to the same, are and will remain the exclusive property of Apartment Therapy Marketplace, Apartment Therapy, LLC, their respective licensors or both. Our websites, products, services and content are protected by copyright, trademark and other laws of both the United States and foreign countries. Except for the limited use rights expressly granted to you in these Terms of Use, you shall not acquire any right, title or interest in or to our Service or the Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved. Nothing in these Terms of Use gives you a right to use the Apartment Therapy Marketplace name or any of the Apartment Therapy Marketplace or Apartment Therapy, LLC trademarks, logos, taglines, domain names and/or other distinctive brand features.

Apartment Therapy Marketplace Reservation of Rights

Apartment Therapy Marketplace retains the right to determine the content, appearance, design, functionality and all other aspects of our Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality and other aspects of our Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require a User not to list, any or all products in our sole discretion.

In connection with your use of our Service, you must at all times comply with all applicable domestic and international laws, statutes, ordinances and regulations. If you are located outside of the United States, in connection with your use of our Service you must at all times comply with all applicable United States laws, statutes, ordinances and regulations. Additionally, you shall be responsible for paying any and all taxes, if applicable.

Breach of Terms of Use

Without limiting any other remedies, Apartment Therapy Marketplace may, without notice and without refunding any fees, delay or immediately remove User Content, warn Apartment Therapy Marketplace’s community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to our Service, take technical and legal steps to keep a User from using our Service and refuse to provide services to a User if any of the following apply:

  • Apartment Therapy Marketplace suspects (by information, investigation, conviction, settlement, insurance or otherwise) a User has breached these Terms of Use or other policy documents incorporated herein;
  • Apartment Therapy Marketplace is unable to verify or authenticate a User’s personal information or User Content; or
  • Apartment Therapy Marketplace believes that a User is acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with Apartment Therapy Marketplace, or that a User’s actions may cause legal liability or financial loss to our Users or to Apartment Therapy Marketplace.

No Warranty

APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS EMPLOYEES, AGENTS AND SUPPLIERS: (i) PROVIDE OUR SERVICE "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND (ii) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM APARTMENT THERAPY MARKETPLACE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limited Liability

IN NO EVENT SHALL APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF APARTMENT THERAPY MARKETPLACE, AND (AS APPLICABLE) THE LIABILITY OF APARTMENT THERAPY MARKETPLACE’S OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR TO ANY THIRD-PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO APARTMENT THERAPY MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (ii) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

In consideration for your use of our Service, you agree to indemnify and hold Apartment Therapy Marketplace and (as applicable) Apartment Therapy Marketplace’s officers, managers, members, employees, agents and suppliers, harmless from and against any claim or demand, including reasonable attorneys’ fees, costs and expenses, made by any third-party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or rights of a third-party.

Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Apartment Therapy Marketplace shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF OUR SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF OUR SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Use, our Privacy Policy, our Service and/or any products or services purchased through our Service, you and Apartment Therapy Marketplace agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by email to legal@apartmenttherapy.com. We will send any notice of dispute to you at the contact information we have for you. You and Apartment Therapy Marketplace will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in accordance with the notice provision set forth below. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You agree to arbitrate with Apartment Therapy Marketplace only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.

Waiver and Severability

No waiver by Apartment Therapy Marketplace 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 Apartment Therapy Marketplace 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 or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

General Terms

Change in Service

Our Service is always evolving and the form and nature may change from time to time without prior notice to you. Apartment Therapy Marketplace reserves the right to modify or terminate our Service for any reason, without notice, at any time.

Modification of Terms

We may revise these Terms of Use from time to time and the most current version will always be posted on our Service. If a revision is determined, in our sole discretion, to be material, we will notify you and you agree to receive legal notices electronically. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new terms, please stop using our Service.

Assignment

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Apartment Therapy Marketplace without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms of Use, together with our Privacy Policy and any amendments and any additional agreements you may enter into with Apartment Therapy Marketplace in connection with our Service, shall constitute the entire agreement between you and Apartment Therapy Marketplace concerning our Service. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Apartment Therapy Marketplace will deliver all notices to the email address you provided to us in your account settings, by posting on our Service or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent. You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address or by notice posted on our Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us. Any notices given to Apartment Therapy Marketplace shall be delivered by postal mail to:

Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012

Questions or Concerns

If you have any questions or concerns regarding any aspect of these Terms of Use, please send a detailed message to legal@apartmenttherapy.com and we will make every effort to answer your questions or resolve your concerns.