Terms of service
Dated April 4, 2025
These Terms of Service (“Terms”) explain the contractual relationship between you and Assistance with Elegance LLC (Company,” “us,” our” or “we”), regarding your use of, and access to, our website located at assistancewithelegance.com (the “Website”) and the offerings made available to you through the Website, including without limitation all features and functionality thereof (collectively with the Website, the “Service”). These Terms, which include our Privacy Policy. Govern your access to and use of the Service and constitute a binding legal agreement between you and Company.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
You acknowledge and agree that you have the legal power and authority to enter into these Terms. If you are entering into the Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms "you" or "your" refers to such entity
1. License to Use the Service
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Service on a computer, tablet device or mobile phone that you own or lawfully control.
2. Ownership
All materials contained on, in, or available through the Service, including all information, data, text, photographs, images, graphics, logos, button icons, sound, music, audio clips, data, forms, graphs, videos, typefaces, and other material, and software the selection and arrangement thereof, and all source code, software compilations, and other materials (“Our Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with Our Content, whether registered or not, are our sole property or the property of third parties. Our Content includes the AOK name and logo and other related names, design marks, product names, feature names and related logos (including, without limitation, ASSISTANCE WITH ELEGANCE, AWE, and AWECHAIR, which may not be used, copied or imitated, in whole or in part, without our express prior written permission. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Company and may not be copied imitated or used, in whole or in part, without the express prior written permission of Company. Our Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Service, any ownership rights in Our Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
3. Use Limitations
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Service. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Service, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Company and its licensors irreparable injury, which may not be remedied at law, and you agree that Company and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
4. Account
If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. You agree that any information you provide to us will be current, accurate and complete. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
5. Pricing
All prices are listed in U.S. dollars (USD) and do not include any sales taxes or home delivery charges. These additional charges will be specified during the order and checkout process. Pricing is subject to change at any time without prior notice.
6. White-Glove Delivery
The product will be delivered to your home with white-glove set up. Delivery timeframes are based on product availability.
7. Return Policy
We are proud to offer quality products with great value to our customers. All furniture is thoroughly inspected at several key points in our preparation and delivery process to make sure it is received in good condition. If you nevertheless need to return a product, you may do within 30 days of delivery under the following conditions.
First, you need to email our Customer Service at info@assistancewithelegance.com within those 30 days and explain the reason for the need to return the product. Then, if you continue to want to return the product, we will schedule the pick-up at the earliest available date based on pick-up service and customer availability and will coordinate the packing, pick-up and shipment of the product back to our warehouse.
We will inspect the product upon its return to our warehouse and, if the product is not damaged through your misuse or negligence, we will refund the purchase price less (i) a $150 return processing fee, (ii) the cost of shipping the product back to us, and (iii) $50 for each accessory item (such as wall cord, AC adapter, extension cable, neck pillow, and knee pillow) not returned with the product. The refund net these costs will be paid within 30 days of our receipt of the product using your original payment method, for example, on the credit card you used to purchase the product.
8. Order Cancellation.
If you have concerns about your order, you may cancel anytime up to three (3) days after the placement of your order.
9. Damaged Products
In the rare occurrence that a product arrives damaged on delivery or is otherwise damaged before your possession, please notify the delivery team or a customer care representative immediately. Arrangements will be made for a qualified repair technician to come to your location and correct the damage if possible.
10. Risk of Loss
The risk of loss and title for products purchased through the Website passes to you upon delivery of the product to you.
11. Rights Concerning Your Information
You own the Content you submit to us through the Service (“Your Content”). You can control how Your Content is shared through the Service and you may delete or request its deletion at any time, unless you have shared Your Content with others and they have not deleted it, or it was copied or stored by other users. In order to enable Company to operate the Service, Company must obtain from you certain licenses and other rights to Your Content so that Company’s use of Your Content in connection with the and/or Service does not infringe copyright and other laws. Accordingly, by using the Service and posting or otherwise submitting or sharing Your Content, you grant Company a nonexclusive right and license to copy, prepare derivative works of, improve, display, distribute, publish, remove, retain, add, process, analyze, and use Your Content in connection with the Service, all in accordance with these Term and the terms of our Privacy Policy. You agree that the foregoing rights and licenses are royalty free, irrevocable and worldwide, and include a right for Company to make Your Content available to, and pass these rights along to, others with whom Company has contractual relationships related to the provision of the Service or operation and improvement of the Service. The foregoing rights and licenses terminate when you delete Your Content from the Service, or when you delete your account, unless Your Content has been shared with others, and they have not deleted it. You represent and warrant that you have all of the necessary rights and permissions to post Your Content to the Service and that you will not post content or take any action on the Service that infringes or violates someone else's rights (including, without limitation, any third party intellectual property, privacy or other rights) or otherwise violates the law.
Company will cooperate with law enforcement or a court order requesting or directing Company to disclose the identity of anyone posting any information or material prohibited by these Terms. Company may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Company, its clients, or the public.
12. User Feedback
All feedback, suggestions, ideas, and other submissions disclosed to Company in connection with your use of the Service (collectively, "Feedback") will be Company's property. Such disclosure of Feedback will constitute an assignment to Company of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Company will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.
13. Restrictions
You acknowledge and agree that, except as otherwise authorized by Company in writing, you will not: a. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or Our Content; b. copy, reproduce, republish, upload, post, transmit or distribute the Service or Our Content; c. modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or Our Content; d. knowingly or negligently permit other individuals or entities to use or copy the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; e. access the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, (iii) copy any ideas, features, functions or graphics of the Service, (iv) monitor its availability, performance or functionality, or (v) for any other benchmarking or competitive purposes; f. attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Company or its customers or suppliers, or those of any other party; g. breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access; h. attempt to probe, scan or test the vulnerability of a system, account or network of Company or its customers or suppliers, or any Company product or service; i. interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mailbombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, software; j. forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to Company or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity; k. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information; l. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, to the Service or any Company (or Company supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to the Service or to any Company (or Company supplier) facilities used to deliver the Service; m. create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and n. knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation if applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
14. Jurisdiction
The Service are controlled and operated by Company from the United States and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
15. Termination; Suspension of Service
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We further may terminate your use of the Service if you breach or otherwise fail to comply with these Terms.
16. Third Party Content
The Service may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our users (collectively, “Third-Party Content”). We do not investigate or monitor Third-Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Website to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them.
17. Copyright Infringement
We respect the intellectual property rights of others and require that people who use our Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.
18. Indemnification
By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
19. Service Interruptions
It may be necessary for Company to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Company provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you.
20. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR OUR CONTENT; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE.
21. Limitation of Liability
IN NO EVENT WILL COMPANY OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, OR OUR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE SERVICE EXCEED THE AMOUNT OF $500.00 U.S. DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE OR OUR CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A FEE FOR THE SERVICE AND ACCESS PROVIDED HEREUNDER.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY US OR OUR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) OUR LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY US TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
22. Notice
Company may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company (such notice will be deemed given when received by Company) at any time by the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Assistance with Elegance LLC, 100 Crosby Street, Suite 602, New York, New York 10012.
23. Modification to Terms
Company reserves the right to modify the Terms or its policies relating to the Service at any time, effective upon posting of an updated version of the Terms on the Website. You are responsible for regularly reviewing the Terms. Continued use of the Service after any such changes will constitute your consent to such changes.
24. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
25. Force Majeure
Company shall not be liable to you for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond Company’s reasonable control including, but not limited to, fire, flood, war, embargo, strike, pandemic or wide-spread public health crisis, riot, unavailability of the Internet or the intervention of any governmental authority.
26. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
27. Entire Agreement; Additional Terms
If you have not entered into another agreement with Company regarding the subject matter contained in the Terms, then the Terms comprise the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Company have entered into another agreement regarding the subject matter set forth in the Terms that is a written and signed agreement between you and Company, then the Terms should be read and interpreted in conjunction with such agreement and, in the event of a conflict between the Terms and a written, signed agreement between the parties, the written, signed agreement will govern and control.
See for yourself how Company can boost collaboration and drive engagement across your organization.
28. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
If you have any questions regarding these Terms or the Service, please contact us at info@assistancewithelegance.com.