Terms of Use and Purchase

Welcome to the Very Fine, Inc. website (“Site”). The following Terms of Use and Purchase are a legal agreement (“Agreement”) between you and Very Fine, Inc., its affiliates, employees, members, agents, and partners (the “Company”). Please read these Terms of Use carefully before using our Site as they apply to all of your purchases of Products and use of the Site. By accessing, browsing and/or otherwise using this Site and purchasing Products through the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, including but not limited to conducting a transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of law, and you agree to comply with all applicable laws and regulations. If you do not agree to all of the terms and conditions contained herein, you may not access, browse and/or use this Site or purchase any Products through this Site. Any new or different terms supplied by you are specifically rejected by the Company, unless the Company has agreed to them in a signed written document specifically including those new or different terms. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

This Agreement applies to your access to and use of this Site, your purchase of Products from the Site and does not alter in any way the terms and conditions of any other written agreement that you may have with Company, unless otherwise directed by Company.

The Site also allows our users (“Users”) to create accounts with individual profiles, which can include personal information. Please understand that all information submitted on the Site might potentially be publicly accessible. Important and private information should be protected by you. Please review our Privacy Policy which sets forth how we handle and use your information. Except as may otherwise be set forth in our Privacy Policy, we are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.

TERMS OF SALE

The Company provides you with the ability to purchase certain Very Fine Home Collection products (“Product(s)”). All Product purchases through our Site or other transactions for the sale of goods, or services, whether via the Site on a computer browser, through a mobile application or through a social networking site are governed by this Agreement. This Site is only intended for use of individuals residing within the United States of America, and the Company does not knowingly receive orders and will not process orders from parties located outside the United States of America. The Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.

The Company has the right to refuse or limit any orders or limit quantities at any time. The Company will not be liable if a product is unavailable or if shipment is delayed.

PAYMENT/CREDIT CARD PROCESSING

Payments for all Products shall be processed through our third party vendor using the payment information which you submit on the third party’s Site. You authorize the Company and any payment processor to charge your card for all purchases you make through the Site. Credit and debit card payments are processed, and your credit or debit card is charged when your order is processed by the Company. The Company may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. All information that you provide in connection with your purchase of Products or other transactions with the Site must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with the purchase of Products from the Company.

SHIPPING

The Company ships within United States, 48 contiguous states, including Alaska and Hawaii. Any shipping and handling charges will be added to Product purchase and will appear as a separate charge on your receipt/order confirmation. The Company shall have the right to change the shipping policies at any time, and any delays resulting from unforeseen circumstances or caused by the shipping agents are not subject to a refund.

RETURN/REFUND POLICIES

Please see our Return Policies set forth at the following link: https://veryfinehomecollection.com/warranty-%26-returns

USER RESTRICTIONS

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Company, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site may be registered and unregistered Trademarks of Company or of a third party who has granted the Company permission to use the Trademarks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks on you. Further, nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Company or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent.

Limited Access. Except as otherwise expressly permitted by Company, any access to or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Company’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.

REGISTRATION/USER ACCOUNT

In order to purchase Products on this Site, you may be required to register for a user account. You agree to provide truthful information when requested, and by registering for a user account, you certify that you are at least 18 years of age. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are solely liable for the activity that occurs on your user account, and it is your responsibility to keep your account credentials secure and safe from unauthorized use. The Company will not be held liable for any losses caused on your user account by any unauthorized use of your account.

The Company may use your email address provided when making your user account to send you messages regarding changes to features of the Site, Product information, changes to this Agreement, and changes to the Company’s Privacy Policy. If you decide you do not wish to receive such email messages, you may opt out by contacting the Company at info@veryfinehomecollection.com. Certain correspondence, like confirmation emails, may not include the information necessary to unsubscribe from our mailing lists. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements or offers and promotions.

DISCLAIMER WARRANTY

YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. DEPENDING ON YOUR STATE YOU MAY HAVE OTHER RIGHTS.

Except for the Limited Product Warranty, accessible at this link: https://veryfinehomecollection.com/warranty-%26-returns, this Site and the Products, including all software, functions, materials, information are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. Company disclaims to the fullest extent permitted by law, all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, title, data accuracy, system integration, failure to store, and informational content. Except as set forth in the Limited Product Warranty, Company does not warrant that any Products will be in stock, safe, defect-free or conform with any oral specifications, representations or promises. Company does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy, truth, or reliability of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and Company makes no commitment to update the materials at this Site. Company makes no representations, warranties or guarantees that the Site or Products will meet your requirements or achieve any particular results. Your use of this Site and purchase of Products shall be solely at your own risk.

LIMITATION OF LIABILITY

In no event will Company, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, death, dismemberment, injury, damages resulting from lost profits, lost data or business interruption arising out of or relating to the use, inability to use, or resulting from the use of this Site or any Products purchased, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Products, materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. 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. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or purchase of Products must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold the Company, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your use of the Site, your account(s) and/or your use of any Products provided hereunder. You shall cooperate with us in the defense of any claim.

REVISIONS TO THIS AGREEMENT

Company may revise this Agreement at any time in its sole discretion, without notice, by updating this link. All changes are effective immediately when the Company updates the link and apply to access and use of the Site thereafter. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and the link to the Terms of Use and Purchase to determine the then current terms and conditions of use to which you are bound.

DIGITAL MILLENNIUM COPYRIGHT ACT

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent 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.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: info@veryfinehomecollection.com. If you fail to comply with all of the requirements of notice, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

APPLICABLE LAWS & MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the

intentions of the parties with the other provisions remaining in full force and effect. Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of Company. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the federal courts of Maryland and the state courts located in Baltimore County, Maryland (the “Maryland Courts”) for any litigation or dispute arising out of or relating to this Agreement, the Products, or your relationship with the Company, (ii) agree not to commence any litigation arising out of or relating to this Agreement, the Products, or your relationship with the Company except in the Maryland Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Maryland Courts represent the exclusive jurisdiction for all disputes relating to this Agreement, the Products or other services, or your relationship with the Company. You agree that the Uniform Computer Information Transactions Act, Annotated Code of Maryland, Commercial Law § 22-101 et seq. (“UCITA”), shall not apply to this Agreement to the extent allowable by law. The Parties agree that the Company shall be entitled to the use of self-help, including electronic self-help as those terms are defined in UCITA.