Effective Date: December 5, 2023
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
3.2 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.
4.1 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 email@example.com.
4.3 If you would like to initiate a return please contact firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org. 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.
7.1 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 email@example.com.
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.
8.4 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.