After an order is placed with AwardBlinds.com an order confirmation will be automatically sent to the email address supplied during checkout. It is the customer's responsibility to verify that all information for their order is correct in this email. Any errors with the order must be phoned in and corrected with AwardBlinds.com within the time period explained in the 'Order Changes and Cancellations' section. We strongly suggest that you review your email confirmation after every order.
If you do not receive an email confirmation for any reason such as an incorrectly entered email address, it is the customer's responsibility to contact AwardBlinds.com in order to obtain their order confirmation. Users with spam blocking filters on their email may unknowingly filter the email confirmation to the trash or delete it. Please check your settings to make sure this is not the case.
Due to variances among color monitors and other electronic display devices, calibration differences, and environment lighting around the monitor, we cannot guarantee that the colors displayed on your screen accurately represent the product color. For a more accurate color comparison we highly recommend that you request free samples prior to placing your order.
We offer up to 10 FREE color samples to help you find the color that is perfect for your decorating needs. Samples are cut from the same materials that are used for manufacturing the actual product. Samples may have color variances when compared to the actual product due to dye lot changes (color drift) as the production material may have changed from the time the samples are cut to the time the product is manufactured. These variances are normal and are not considered a defect. If you are ordering multiple blinds for the same room we strongly recommend that you order all of them at the same time to ensure that they come from the same dye lot.
Please note that if different products have the same color name that does not mean that they are the same color. Please order a sample of each to compare. We are not responsible for mislabeled samples or sample dye-lot differences. If you question the correctness of a sample you must contact us for verification.
Real wood blinds are a natural product and can contain variations in color, texture, grain, etc. between slats and dye lots. Variations between the slats and dye lots will be more visible in blinds with light color stains. These variations are normal, natural characteristics of real wood and add to the beauty of the product.
Woven wood shades are made from bamboo, rattan, reeds, jutes and other natural materials. Their color and pattern can vary a great deal between dye lots and between the sample and actual product. The samples for woven woods should be used as a guide to see the products string and ladder placement and its general look and feel. The color characteristics of these natural woods, the non-painted more natural selections, can vary from a more lively greenish tint to a yellow/tan tint to even a more brownish tint depending on when the bamboo was harvested. Green bamboo should gradually change to a more tan/brown color over time.
All of our products are custom made to your specifications and we guarantee that your new blinds and/or shades will fit your window if you correctly follow our measuring instructions. Measuring is the responsibility of you, the customer, and it is very important that you double check your measurements before placing your order.
If the factory makes a mistake while manufacturing your blinds or shades, we will replace them or fix them at no cost to you. However, if you make a measuring error or a mistake entering your measurements into our website then please contact us regarding the OOPS Policy.
Keeping our customers' personal and financial information secure is a top priority of ours at AwardBlinds.com. When you enter sensitive information on our website, that information is encrypted and protected with the latest encryption technology, SSL (Secure Sockets Layer), before it is transmitted to us.
If you prefer to not transmit your credit card information over the website you may select the payment option to call in with your credit card information. This option is available during the checkout process. If you would rather place the entire order by phone you may contact us toll-free.
AwardBlinds.com is a North Carolina based Corporation, therefore sales tax is only required for orders shipping to North Carolina addresses. The sales tax collected is determined by the North Carolina postal code that the order is shipped to. AwardBlinds.com will not collect sales tax on any orders that are shipped outside of the state of North Carolina unless such taxes are imposed on internet sales by law. Starting March 1, 2010, a new Colorado law requires retailers to notify its customers that they will owe Colorado use tax on all items purchased if no sales tax was paid to the retailer. You can report the use tax owed on such purchases on Colorado Use Tax Form DR 0252. If you have any questions, call the Colorado Department of Revenue at 303-238-7378.
All of the products offered on AwardBlinds.com are custom made to your specifications. Due to this payment must be received before production starts. Our checkout payment page has three options for payment:
Visa, Mastercard, Discover Card, and American Express are accepted online. The credit card is charged the total order amount at the time the order is placed by the customer. This is required because our products are custom made. Using a credit card on AwardBlinds.com is secure, please read the section 'Secure Internet Shopping' above for more information.
AwardBlinds.com accepts cashier's checks and money orders. Cashier's checks and money order payments take slightly longer to process because the payment must first clear with the bank due to our products being custom made. When selecting this method of payment it is the responsibility of the customer to mail payment to the address given during checkout. This payment option typically results in a 5 to 7 day holding period for the payment to clear.
AwardBlinds.com allows the option of calling in with the credit card payment information. The complete order is handled online by the customer. The only difference is they choose to call in with the credit card information. During the AwardBlinds.com checkout, simply select the Phone in Credit Card Information option and then complete the order. After the order is completed call in with your order number (provided by the receipt page and confirmation email), name, and credit card Information to finalize the order payment. The order will not be processed until the payment information is received and is processed.
All of our products are custom made and production normally begins the business day after an order is placed. We promptly review and send all orders to the manufacturer to ensure quick production and delivery of your blinds. Most orders can be changed or canceled within the first 12 hours after an order is placed, however, some products enter production immediately and cannot be changed or canceled. No changes or cancellations are possible once an order has started production.
Changes made during this 12 hour period that would affect the normal cost of the product (ex. a size change) will incur either a charge or refund, in the amount of the difference, to the customer. Changes to any product on the order may extend the production time of the entire order. Cancellations made during this 12 hour period will be subject to a manufacturer restocking fee, where applicable, and a 5% administrative charge. Any refund required, due to changes or cancellations, will be refunded within 3-5 business days.
Changes and cancellations after this 12 hour period are not possible. All changes and cancellation requests must be made via phone.
All of our products are custom made based on your measurements and selected options so there are no returns, refunds or exchanges. If a product is delivered with damage then it will either be repaired, replaced at no charge upon confirmation of the damage (damage must affect the operation of the product and/or be visible and unsightly after installation; hidden/concealed damage that does not affect the operation of the product is not considered an issue), or replacement parts will be sent by the manufacturer. If a product has a manufacturing defect that affects the operation of the product it will be repaired or replaced at no charge upon manufacturer confirmation and approval of the defect. If an issue can be corrected by troubleshooting the issue then it is the responsibility of the customer to perform the provided troubleshooting to correct the issue, which may or may not include parts sent by the manufacturer. Manufacturer warranties will cover the repair, replacement, or parts for a set amount of time based on the warranty for the specific product. A re-order can be submitted, upon approval, for a different product or options at a discounted price (approval is at the sole discretion of the manufacturer). No refunds will be issued for any defects or damage, only repairs/replacements/parts are approved under this policy. No refunds will be issued for installation costs or any other costs incurred by the customer. We highly recommend ordering sample swatches prior to placing an order for products so you can see the material and color beforehand. Samples must be ordered no longer than 30 days prior to the date of the order for product color issues. Products can and will experience dye lot differences which is to be expected. Natural products will have more drastic variations due to natural characteristics, these variations are normal and should be expected, they are not a defect.
AwardBlinds offers FREE shipping via UPS or FedEx Ground within the contiguous United States on all blinds and shades orders that are not oversize. Typically if a product is over 90" in width for horizontals or over 90" in width or height for verticals then it is considered oversize and the manufacturer may ship it via freight carrier. Most freight companies will contact you prior to delivery to scheduled the delivery date and require you to be available at the time of the delivery. Failure to schedule a delivery in a timely manner will incur storage fees imposed by the freight carrier which are the responsibility of the customer. Some freight carriers will not unload the order for you, make sure you have someone able to unload your order and bring it inside your home or place of business.
For the fastest service, we ship all products FOB from the manufacturing facility to your front door. If your order consists of products from multiple manufacturing facilities, they will ship independent of each other so you receive your order as soon as possible. Once an order is shipped, the shipping carrier has full control. Delivery dates may change while a shipment is in transit. We cannot dictate when a shipment will be delivered. Orders that ship in more than one box may be split during transit by the shipping carrier and delivered on different dates. We cannot ship to P.O. Boxes, APO/FPO addresses, Alaska, Hawaii, Canada, or Mexico. We currently only ship to the contiguous United States.
Address changes after an order has shipped will incur a fee determined by the shipping carrier. This address change fee is the responsibility of the customer and will be collected by us, we will charge the exact fee charged for the change. Refused shipments incur additional fees imposed by the shipping carrier due to the return shipment of the order. Refused shipments will not be refunded and the customer is responsible for any fees charged by the shipping carrier for the return and re-shipping of the order.
Occasionally, products or colors are discontinued or placed on backorder by the various manufacturers that we work with. We will make every effort to remove discontinued products from the website and to indicate any backorders on the appropriate product page as soon as we are made aware of them, if possible. We will also notify, by email and/or phone, any customers with affected orders (excluding remakes with backorders as we do not receive backorder notifications for remakes). AwardBlinds.com has no control over products that are discontinued or placed on backorder and is not responsible for any cancellations required due to a discontinuation or any delays resulting from a backorder. No discounts will be provided for products on backorder.
Occasionally, components/parts/materials/colors on products change due to supplier changes, components updates, government regulations, etc. AwardBlinds.com is not notified of such changes, as manufacturers do not send detailed updates to retailers regarding these changes. As such, it is very important that you order all products at the same time that are side by side, in the same room, or that you deem important to be similar. Please note however, that different sizes, within the same product, may result in different components, as required to properly manufacturer the product. Different options within the same product use different components as the options are different. AwardBlinds.com has no control over these changes and is not responsible for any product differences resulting from them. No discounts, refunds, remakes, or exchanges, will be provided for affected products.
Contract Quotes are available for orders consisting of 50 or more units. If you have an order that qualifies and would like to get a contract quote, please contact our sales department and they will assist you.
Inspect your merchandise as soon as you receive it for shipping damage, manufacturing errors and/or missing parts/hardware. All shipping damages and manufacturing errors must be reported to the AwardBlinds.com customer service department within 5 business days of delivery. Products with damage (that affects the operation of the product or are unsightly and visible after installation) and/or errors will either be repaired or replaced at no cost to you. No refunds will be issued for damages, just repair, replacement or parts. Please keep all boxes and packaging materials until you have made sure your products are free from shipping damage and defects of parts and workmanship.
Digital photos must be taken and emailed to us so we can get a visual of the damaged/defective area, this is required for the repair/replacement process. It is at the sole discretion of the manufacturer to either repair or replace damaged or incorrectly made products, no refunds will be issued. Replacement parts may be sent at the manufacturer's discretion for products with defective parts that are easily replaceable. If an issue is easily corrected through troubleshooting then it is the responsibility of the customer to make the correction. For example some issues arise from handling during shipping and those issues are often easily corrected. No discounts or refunds will be made for the purchase of 3rd party parts/hardware, self-repair of any damages/defects, or installation cost. Failure to contact us within 5 business days of delivery will forfeit your rights to any repairs and/or replacements by the manufacturer.
Please contact us immediately if an order arrives without all the required parts and/or hardware or if the order contains incorrect parts and/or hardware. Replacement parts will be sent out at no cost to the customer. Please note that parts are shipped from the manufacturer and can incur delays due to factory load, holidays, and off days. The shipping method chosen for the parts is at the sole discretion of the manufacturer, they will not be shipped next day/overnight. We have no control over how replacement parts are shipped.
If a shipment is missing product(s) you must contact us within 5 business days of the stated delivery time according to the carrier's tracking number. In the event of missing product(s) a trace will be initiated with the shipping carrier at the discretion of the manufacturer. This trace will take up to 7 business days. During this time you may be contacted or visited by the shipping carrier or a 3rd party fraud prevention agent. If the shipping carrier is unable to locate the missing product(s) the manufacturer will decide if a remake will be issued or if further steps are required. No refunds will be issued for missing product(s) as that is seen as an admission of fraudulent intent by the customer against the manufacturer and AwardBlinds. If only part of an order is missing then pictures of the boxes and product received are required.
It is highly recommended that you do not schedule any 3rd party installers until after you have received your shipment and have fully inspected it for shipping damage, manufacturing errors, issues that require troubleshooting, and/or missing parts/hardware. AwardBlinds is not responsible for the loss of monies and/or fees or for any subsequent/additional fees charged by an installer or any other party or for the disposal of products and/or parts.
AwardBlinds.com strives for accuracy in all item descriptions, photographs, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other limitations we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed with inaccurate specifications due to a manufacturer change or entry error and this specification difference does not prevent the installation of the shade due to width or height measurements then in no event shall this error be refunded or returnable. In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, AwardBlinds.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
We do not manufacture any of the products sold through this website. All products found and sold on AwardBlinds.com are covered solely by the manufacturer's warranty. This warranty extends only to you as the original purchaser, in a residential application. In the event that warranty service is ever needed just contact us and we will arrange for repair or replacement as quickly as possible.
The manufacturer warrants that all window coverings will be free from defects in materials and workmanship, given normal use and provided that the blinds were installed properly in the window, door or other interior area in which they were intended, and recommendations were followed with regard to size limitations and specifications. Damage resulting from misuse, abuse, accidents, alterations, normal wear and tear, and exposure to the elements are not covered by this warranty.
The manufacturer will repair or replace defective products or components, at the manufacturer's option. Defects must be approved by the manufacturer as a true defect prior to the issuance of a repair, remake, or parts authorization. Please contact our sales department for a full copy of the warranty for a given product.
1. You should assume that everything you see or read on the site is copyrighted unless otherwise noted and may not be used except as provided in these terms and conditions or in the text on the site without the written permission of AwardBlinds.com.
2. AwardBlinds.com assumes no liability, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
3. Any communication you transmit to the site by e-mail or other methods, including any data, questions, comments, suggestions or the like is, and will be treated as, nonproprietary, unless otherwise specifically indicated. Anything you transmit becomes the property of AwardBlinds.com and may be used for any purpose including, but not limited to, reproduction, disclosure, transmission, posting or general public information.
4. Subject to our Privacy Statement, all information submitted via this site shall be deemed and remain the property of AwardBlinds.com and its affiliates, we and our affiliates shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides through this site. AwardBlinds.com and its affiliates shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the entity having the direct customer relationship or as otherwise specifically agreed or required by law.
5. Although AwardBlinds.com, from time to time, may monitor or review postings, transmissions, and the like on the site, AwardBlinds.com is under no obligation to do so and assumes no liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AwardBlinds.com will fully cooperate with any law enforcement authorities or court order requesting or directing AwardBlinds.com to disclose the identity of anyone posting any such information or materials.
This privacy statement covers the site www.AwardBlinds.com.
- How and why we collect your personal information.
- How your information is used and protected.
- When and with whom we share your information.
- The choices you can make about how we collect, use, and share your information.
- How users can correct any inaccuracies in the information.
AwardBlinds.com, Inc. is the sole owner of the information collected on www. AwardBlinds.com. AwardBlinds.com collects information from our users at several different points on our Website.
In order to purchase items from this Web site, a user must first complete the registration form. During application process a user [is required to] give[s] contact information (such as name and email address), physical address and credit card information for purposes of the transaction. We require this information because we will: 1. Contact the user about services on our site for which he has expressed interest; and 2. Process orders submitted by our users
Information provided to AwardBlinds.com will not be sold, shared or otherwise distributed to anyone other than our blind fabricators who require this shared information for purposes of shipping your product. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. See the Security Internet Shopping section above for more details on security measures and procedures. We understand and value the need for privacy with financial and personal information, and guard such data with the utmost care.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the opt-out options at the bottom of all such communications.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. [Users may opt-out of these communications. Please see our Choice and Opt-out section.]
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user's wishes.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
We share aggregated demographic information with our partners and advertisers on occasion, to accurately depict the number of users on our site, the average traffic and/or usage statistics of the AwardBlinds.com site, and other relevant information. This information is used to evaluate the viability and performance of www. AwardBlinds.com. This is not linked to any personally identifiable information.
AwardBlinds.com shares web site usage information about users with a reputable third party (such as Google, MSN and Yahoo) for the purpose of targeting our internet banner advertisements on this site and other sites.
Users who no longer wish to receive our newsletter and/or announcements and promotional communications may opt-out of receiving these communications by selecting "unsubscribe" at the bottom of any e-mail and following the directions.
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
This Web site contains links to other sites. Please be aware that we, AwardBlinds.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This Web site takes every precaution to protect our users' information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or bank check number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when users are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every 6 months, as well as any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment.
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done by emailing our customer service or by contacting us via telephone. If you have a user account you can change most of your information though the options available on the account page.
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
No warranties, guarantees or policies stated here are valid for orders placed by our competitors or for our competitors including but not limited to employees of our competitors or family members of employees of our competitors.
Award Blinds.com, Inc. is a North Carolina Corporation. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of our Site (the "Agreement"). YOUR USE OF AWARDBLINDS.COM (the "Site") CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER OR USE OUR SITE.
Unless otherwise noted, this Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Award Blinds.com, Inc. Any trademarks appearing on the Site are registered trademarks of Award Blinds.com, Inc. You may download or copy the contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the Site. The content on this Site does not constitute medical advice. You should consult a physician before engaging in any physical activity, including activities displayed or described on the site, or from any information you obtain from this site. Award Blinds.com, Inc. is not responsible for any medical or health problems that may result from engaging in any activities or information you obtain from this site.
If you send certain content to us, (the "Content"), whether online, by email, by postal mail, or otherwise, with or without our request, you agree that Award Blinds.com, Inc. may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, the Content of your submission. Examples of Content include: contest entries, photographs, creative ideas, suggestions, proposals, plans, or other materials. Award Blinds.com, Inc. is and shall be under no obligation to (1) hold or maintain any part of the Content in confidence; (2) pay compensation for any Content, or (3) respond to any submission of Content. You agree that the Content of your submission does not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your submission of Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Award Blinds.com, Inc. or third parties as to the origin of any submission. You are solely responsible for any submissions you make and their accuracy. Award Blinds.com, Inc. takes no responsibility and assumes no liability for any submissions from you or any third party. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
This Site may contain links to other websites that are not under the control of Award Blinds.com, Inc. Award Blinds.com, Inc. has no responsibility for the linked websites, nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites' users.
You agree to defend, indemnify and hold Award Blinds.com, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of legal disputes, both you and Award Blinds.com, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Award Blinds.com, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. Notice of said Dispute will be sent to: (1) to Award Blinds.com, Inc. at: 1206 Thetford Ct, Colfax, NC 27235, Attn: General Counsel; and (2) to you at: the billing and/or shipping address on your order, or your last-known address.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Award Blinds.com, Inc. expressly delegate to the arbitrator the authority to determine if binding arbitration is appropriate for settling the Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter (by registered mail) requesting arbitration to Award Blinds.com, Inc., 1206 Thetford Ct, Colfax, NC 27235. You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. 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. In lieu of arbitration, either you or Award Blinds.com, Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Award Blinds.com, Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Award Blinds.com, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Award Blinds.com, Inc. You may terminate this Agreement at any time. Award Blinds.com, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement shall be governed by the laws of the State of North Carolina without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Award Blinds.com, Inc.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the site.(Last Change: COVID-19 Information added 3/17/2020)