Terms of Use
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Version 1.2
Effective Date: December 5, 2023
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These Terms of Use contain important information about the purchase or use of the products, websites, applications, or any other services (collectively the “Services”), offered by Pillar Designs, LLC (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “Pillar” or “We”), including future changes to these Terms of Use, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
1. NOTICE
1.1 Acceptance. By using Pillar’s Services and/or purchasing Pillar products you are: (a) certifying that you are at least the age of majority in your jurisdiction and have full authority to enter into this agreement; (b) certifying that you have read and understand and accept these Terms of Use; and, (c) agreeing that these Terms of Use constitute a binding contract governing the relationship between you and Pillar.
1.2 Changes. We are constantly trying to improve our products and the Services, so these Terms of Use may need to change. We reserve the right to change the Terms of Use at any time and if we do we will bring it to your attention by placing a notice on the Pillar website, by sending you an email, and/or by some other means. Please review all updates, as once the Terms of Use have been updated your continued use of the Services will constitute acceptance of the updated terms. If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, except as otherwise provided herein, that means you may no longer be able to use some of the Services.
1.3 Privacy. By using the Services in any manner you are agreeing to our Privacy Policy. The protection of your data is important to us. Please review our Privacy Policy for more information about how we collect, use, and store data.
2. THE SERVICES
2.1 General. Pillar manufactures and sells customizable sound isolating phone booths as outlined on its website (www.pillarbooth.com).
2.2 Your Account. In order to use some of the Services you may be required to sign up for an account, and select a password and username (“Pillar User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not use another person’s name, any trademarks, or other proprietary information with the intent to impersonate that person or in a manner that infringes upon any rights. You may not transfer your account to anyone else without our prior written permission. You are responsible for any activity associated with your account.
2.3 Communications. You may receive communications from Pillar, including messages that Pillar sends you (for example, via email, phone call, SMS, and/or text message). BY USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM PILLAR, INCLUDING BUT NOT LIMITED TO UPDATES, NEWS, PROMOTIONAL MATERIALS, AND OTHER INFORMATION RELATED TO THE SERVICES, AND YOU REPRESENT AND WARRANT THAT EACH PERSON FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER AND/OR EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM PILLAR. By providing us with your wireless phone number, you confirm that you want Pillar to send you information we think may be of interest to you, which may include Pillar using automated dialing technology to text or call the wireless number you provided. You agree to indemnify and hold Pillar harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
2.4 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PILLAR BE LIABLE TO YOU, YOUR EMPLOYER, YOUR CLIENT(S) OR POTENTIAL CLIENT(S), YOUR PATIENTS, YOUR GUESTS/VISITORS, OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE OR DELAYS, REGARDLESS OF WHETHER PILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO PILLAR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you or may only apply to you in part.
2.5 Disclaimer. Pillar is not liable for, and you waive any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during use of the services, whether or not occasioned directly or indirectly by an act or omission of Pillar, including but not limited to any latent or undisclosed defect in service or product provided by Pillar; and (B) any negligent or willful act or failure to act of Pillar, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by Acts of God, strikes, fire, flood, war, rebellion, conflict & unrest, terrorism, insurrection, sickness, quarantine, epidemics, pandemics, theft, or any other cause(s) beyond their control. You waive any claim against Pillar and its team members for any such loss, damage, injury, or death to the extent permitted by applicable law and assume the risk of Pillar's negligence.
3. SALE AND PAYMENTS
3.1 Billing. We use various third-parties for billing and payment processing, (“Third Party Processors”). The Third Party Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions, and privacy policies of the Third Party Processors in addition to these Terms of Use. Pillar is not responsible for any errors in payment processing or technical errors made by the Third Party Processors. By choosing to purchase Pillar products, you agree to pay us, through Third Party Processors, all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us, through the Third Party Processors, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third Party Processors make even if it has already requested or received payment.
3.2 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, lender, credit card issuer or other provider of your chosen Payment Method. If we, through the Third Party Processors, do not receive payment from you, you agree to pay all amounts due upon demand.
3.3 Taxes & Other Charges. Listed fees/cost are exclusive of taxes and you alone are responsible for any required taxes or duties.
3.4 Discounts & Promotions. Pillar, at its sole discretion, may offer discounts and/or promotions for certain products. Any discounts or promotions offered are non-transferable and their advertised timelines are strict. Pillar reserves the right to deny the usage of discount codes that are not used as instructed.
4. RETURNS
4.1 Pillar does not accept the return of products sold by a third party or dealer; if you purchased Pillar products through a third party and would like to initiate a return please reach out to them directly. Additionally, orders of four Pillar Booths or more, and/or custom orders, are final sale and can not be returned. (Note that, while not returnable, orders of four Pillar Booths or more and/or custom orders are still covered by Pillar’s limited warranty.)
4.2 Except as stated above, Pillar products may be returned within thirty (30) days of the date they are delivered if the products are in their original condition and if the original packaging is still in your possession and usable for a return. For a full refund, the booth must be in its original condition with the full packaging intact. If you no longer have the packaging or if it is not usable, you will be charged a restocking fee. If the product returned is no longer in new condition, you will be subject to a minimum 20% refurbishing charge. The cost of return shipping will be deducted from your refund. All refunds for eligible returns will be processed within 10 business days of receipt. If you would like to return your booth or have any further questions, please email support@pillarbooth.com.
4.3 If you would like to initiate a return please contact support@pillarbooth.com so we can help.
4.4 Please note that shipping, delivery, and/or assembly fees are non-refundable.
5. LIMITED WARRANTY
5.1 Defects. Pillar’s limited warranty covers defects in parts, materials, or the product as a whole that: (1) are due to manufacturing, materials, or craftsmanship; and, (2) reported within three (3) years of the date of receipt. Pillar’s limited warranty does NOT cover wear and tear, water damage, stains, damage from being left outdoors, damage from incorrect assembly, or general misuse, amongst other things. If you feel that your Pillar product has a defect/issue that would be covered by the limited warranty, and you purchased it less than three (3) years ago, please contact us by sending an email to support@pillarbooth.com. We reserve the right to inspect your product and determine if the damage/issue falls under the limited warranty, and if it does we’ll send a replacement part, a new product, and/or do what we need to do to make it right.
5.2 Damage During Shipping. If your product is damaged upon arrival, let us know within seven (7) days of delivery by sending an email to support@pillarbooth.com. Please include a description and photos of the damage. We’ll send a replacement part, a new product, and/or do what we need to do to make it right. Failure to contact us within the seven (7) day period of time constitutes acceptance of the product.
6. SHIPPING, DELIVERY, AND ASSEMBLY
6.1 Shipping and Assembly quotes assume that a loading dock and/or elevator will be made available to the delivery and installation team, and that you will arrange for the delivery and installation team to have access to complete the delivery and/or installation on one trip during regular business hours. You understand and agree that in the event that the installers must navigate stairs or particularly tight quarters, and/or if the delivery is delayed because you have not made proper arrangements with the building for the delivery, additional fees may be assessed and charged. Should you choose to waive assembly, you acknowledge and agree that you bear sole responsibility for: (a) ensuring the delivery truck has space off the street to park and unload; (b) getting the booth(s) off the truck, which will require a loading dock or liftgate, as well as a forklift or pallet jack; (c) disposal of the pallet(s), which is a double-wide pallet and weighs approximately 200lbs; (d) safely transporting the booths from the truck to their final destination (each booth ships in four separate boxes and each box requires two or more people to carry safely); and, (e) proper installation. Pillar strongly recommends that customers do not choose to waive assembly, and Pillar will not be liable for any damage or injury resulting from self-assembly.
6.2 In making a purchase, you acknowledge and agree that shipping, delivery, and installation of the items ordered may be provided by independent third party providers. Such third parties are solely responsible and liable for providing their services. Pillar’s responsibility in connection with third party providers is strictly limited. Pillar makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any third party services.
7. MARKETING
7.1 Note: This section only applies to entities and it does not apply to individuals making purchases for personal use. By purchasing products through Pillar’s website, you: (a) agree that Pillar may use the name, trademarks, logos and other branding features of the company or entity for which you are making the purchase, in connection with the promotion of Pillar’s services, including in any press release or marketing-related communication referencing Customer or discussing the parties’ relationship; and, (b) represent and warrant that you have the authority to grant Pillar the aforementioned use. If you and/or the relevant company or entity would not like Pillar to have the limited rights granted in this marketing clause, and/or if you granted Pillar these limited rights and would like to withdraw them, you may opt out of this marketing clause. In order to submit an opt out request, please email support@pillarbooth.com.
8. LEGAL
8.1 Time Limitation for Legal Action. Any claim or legal action whether based on contract, tort, statutory, or other legal rights relating to or in any way arising out of or connected with the Services, or against Pillar must be commenced within one (1) year from the date of the incident giving rise to the claim or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PILLAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
8.2 Agreement to Arbitrate. You agree that any claim or dispute whether based on contract, tort, statutory, or other legal rights relating to or in any way arising out of or connected with the Services, or against Pillar, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
8.3 Exclusive Venue. The arbitration shall be held in Chicago, Illinois, to the exclusion of any other forum, regardless of where the claim arose, and you consent to jurisdiction and waive any objections to arbitration proceeding in Chicago, Illinois. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these Terms of Use are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Chicago, Illinois.
8.4 Forum and Choice of Law. Any and all claims or disputes relating to or in any way arising out of or connected with this contract or the Services against Pillar and not subject to arbitration under the language herein shall be litigated, if at all, in and before the state or federal courts in Chicago, Illinois, USA. Any claim or dispute relating to, arising out of or connected to the Services, whether subject to arbitration or otherwise, shall be governed by the laws of the state of Illinois without regard to conflict of law principles.
8.5 Waiver of Jury Trial. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery, except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. You and Pillar are instead choosing to have claims and disputes resolved by arbitration. The arbitrator’s decision will be final and binding. Other rights that you or we would have in court also may not be available in arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than court. In any litigation between you and Pillar over whether to vacate or enforce an arbitration award, YOU AND PILLAR WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
8.6 Class Action Waiver. THESE TERMS OF USE PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A PARTICIPANT INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PARTICIPANT TO PARTICIPATE IN A CLASS ACTION. If a claim is subject to arbitration under the arbitration clause above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Each participant agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in the arbitration above.
8.7 Indemnification. If requested by Pillar, you will defend, indemnify, and hold harmless Pillar from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs incurred by Pillar in connection with any claim by a third party arising out of or in any way related to: (1) your use of the Services; or (2) your violation or alleged violation of these Terms of Use or your violation or alleged violation of any applicable law. You must not settle any such claim or matter without the prior written consent of Pillar. Pillar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims. Both you and Pillar acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, Pillar’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.
9. MISCELLANEOUS
9.1 Severability. If it turns out that any part of these Terms of Use is invalid, void, or unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary and shall not affect any other terms or negate the validity of the rest of this agreement, which shall remain in full force and effect.
9.2 Entire Agreement. These terms constitute the entire and exclusive agreement between you and Pillar relating to the subject matter of these Terms of Use, and these Terms of Use supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms of Use.
9.3 Assignment. You cannot assign, transfer, or sublicense any rights or obligations outlined in these Terms of Use without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. You hereby acknowledge and agree that these Terms of Use do not create any agency, partnership, joint venture, or employment relationship between you and Pillar, and neither party has any authority to bind the other in any respect.
9.4 Force Majeure. There may be circumstances beyond our control. You acknowledge and agree that we are excused from any delay and will not liable for any failure to perform any of our obligations stated in these Terms of Use if the failure is caused by something that is reasonably beyond our control, including but not limited to, war, earthquakes, fire, flood, explosions, terrorist attacks, government action, or extreme weather.
9.5 Waiver. If we do not enforce a specific provision of these Terms of Use, it shall not be deemed a waiver of any rights under that provision, and does not mean we give up the right to later enforce that provision or any other provision. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.