Your purchase is subject to Flooring America/Flooring Canada's normal terms and conditions of sale which are shown below for your reference. Please read them carefully.
Price Protection Guarantee
Our buying power allows us to buy big and pass volume-purchase savings directly on to you. We feel confident that our prices are the most competitive in the market and assure you that you will not find a lower price at any other floor covering retailer in your area. However, if within 30 days of making your purchase, you should happen to find a lower Flooring America®/Flooring Canada® first quality product of the same brand and styles as the flooring you purchased, we will happily refund your money. It's our Price Protection Guarantee, and it's simple. Just present your retailer with the competitor's advertisement or written estimate for the same floor, and you take home the difference in price! Price Protection applies to materials only.
Price Protection Guarantee applies only to local retail store pricing and/or purchases. Online retailers and wholesalers are excluded. "Local retail store" is defined as a permanent building/structure containing outdoor signage with store name, street address, customer parking, and phone contact information listed in a public phone directory.
Lifetime Installation Warranty
Your retailer guarantees the quality of workmanship to be professional and in keeping with industry standards. Should installation service be required attributable to the original installation of your flooring during the life of the manufacturer's wear warranty (which varies) from the time your flooring was installed, present your sales receipt, and the store where you made your purchase will return and provide that service at no cost to you. This warranty is valid only for original owner-occupied residential installation by your store and will be invalidated if problem is due to improper maintenance or cleaning, abuse, excessive moisture, vandalism, or alteration.
The following additional conditions are not considered installation-related problems and are not covered beyond this limited-installation warranty:
Carpet: visible seams normally required for installation.
Tile flooring: tile and grout cracking due to subfloor deflection or foundation settling.
Hardwood flooring: gapping between boards and moisture-related issues.
Laminate flooring: moisture-related issues.
Vinyl flooring: visible seams normally required for installation.
Satisfaction assurance replacement warranty
All our floors carry a 30-day replacement warranty. If at any time during the first 30 days after your flooring is installed you wish to change your new flooring for any reason (other than as expressly provided below), present your sales receipt, and the store where you made your purchase will replace it with another style or color of flooring of equal value. Should you wish to replace the flooring with a flooring upgrade, you may do so by paying the difference in price. No monetary compensation will be paid if a floor of lower price is selected. This is a one time replacement only and does not include replacement of cushion or reinstallation charges. Simply call your retailer within 30 days of installation and indicate that you wish to choose another floor under the replacement warranty, and provide your sales receipt. This is a replacement warranty and does not apply to matters covered by other warranties. Any replacement product cannot be the same style and color as the original purchase. Replacement quantity must be the same as the original purchase. This warranty is valid only for original owner-occupied residential installations. No replacements will be made with respect to flooring that has been glued down, subject to abuse, vandalism, alteration or damage caused by smoke, fire, flood, wind, lightning, or any disaster. This warranty applies only to the original purchaser of flooring that has been professionally installed by your retailer. Customer is responsible for all labor and reinstallation charges of all materials, including, but not limited to, flooring, walls, and countertops.
A 2% variance on material widths is within mill tolerances and is agreed to be acceptable within the industry limits. The amount of materials sold is compatible to measurement of floor covering and the material dimensions. Material overage of approximately 10% is required in order to cut, seam, and trim materials. In some instances the amount of padding or underlayment installed may be less. The seller has taken this variation into full account in establishing pricing. Installation charges are based on the amount of material needed and not on the installed amount.
Color match to samples will vary from dye lot to dye lot. Buyer agrees to accept color variances that fall within industry-established ranges. Shading, pooling, water marking, shedding, fluffing or pile crushing do not constitute manufacturing defects. These are inherent characteristics of all pile fabrics. Missing tufts in looped carpet is not a defect and can be remedied by reinserting missing tufts by a qualified technician. Hardwood, cork, and bamboo are natural materials that will have color variations such as variations from heartwood to sapwood, mineral streaks, and variations in the grain. Temperature and humidity must be maintained within manufacturers' recommendations to avoid excessive expansion and contraction.
Despite every effort to accurately duplicate each product's color when shown on our website, actual colors may vary. Due to monitor and resolutions settings, subtle variations in color and surface texture may not be fully revealed when viewing products on our website. We make every attempt to give you a good representation of the available colors for each product available in our stores. For an accurate representation of what a product will look like, we recommend that you view the sample of the product in a store. Product and color availability varies by store.
Pricing and Product Availability
We make every attempt to maintain the lowest prices on the items we offer, but price changes do occur, sometimes overnight. As a result, prices shown on this site are subject to change until you have actually placed your order and it has been confirmed with the store. Prices shown are for product cost only and where applicable for estimated installation costs to install that product. Not all products available in all stores. We expressly reserve the right not to accept your order in the case of a pricing error or other technical issues.
Coupons and discounts: coupons must be presented at the beginning of the sales process. Not valid with any other coupons, discounts or on items that are on sale or clearance. Cushion, labor and installation are excluded; coupon applies to product material only. Coupons cannot be used on prior orders. Coupon discounts are available at participating Flooring America/Flooring Canada's stores only. Not all stores honor coupons available on this website. All coupon and sale offers are for retail sales only, no commercial or contractor sales. Buy One Get One promotions available on select regularly priced products only, not available on sale products and cannot be combined with other promotional offers. Installation must be purchased for all square feet to qualify for discount. Free product must be the same as purchased product (no substitutions). Prior orders exempt.
Mechanic's liens: failure of this contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanic's lien on the property, which is the subject of this contract pursuant to law. To avoid this result you may ask this contractor for "lien waivers" from all persons supplying material or services for the work described in this contract upon completion of project.
In the event of default by the customer under any of the terms and provisions hereof, and should the seller employ an attorney to enforce any provision hereof, or to collect damages for breach of this contract, the customer shall pay to the seller such reasonable attorney's fees as may be expended with respect thereto. In addition, should buyer breach this agreement, the seller may charge and collect a restocking fee. Such remedy shall be in addition to all other remedies available to seller. Buyer and seller agree that this contract is the complete agreement between the parties and that everything the buyer expects the seller to perform is written hereon; buyer and seller also agree that this contract can be modified only in writing, with the consent of both parties. This contract shall be governed by the uniform commercial code as adopted in the state of sale. In the event of a conflict between a term herein and the uniform commercial code, the term herein will control.
Your Flooring America/Flooring Canada retailer will provide a proposal outlining the costs involved to install your new flooring. This proposal will indicate what the installation services will include. Any additional work not outlined in this proposal may incur additional charges for installation services. Installation of flooring requires preparation of the subfloor. The costs for this subfloor preparation are not included in the installation cost estimates shown on this site because these costs can only be determined upon site inspection. Additional labor and materials may be required in order to remove prepare a subfloor for new flooring installation. The final installation labor quote will be submitted for your approval prior to processing your order.
We take Your privacy seriously and want Your experience with Flooring America/Flooring Canada to be both satisfying and safe. In this Policy, the site is referred to as the “Site” and the “Service,” which are provided by “Us,” “Our,” and “We,” to which You subscribe upon Your agreeing to the Terms of Service and End User License Agreement. This Policy sets forth the steps We take to accomplish this result, and We urge You to read it carefully.
1. What this Policy Covers. In order for Us to properly and efficiently provide Our products and services to You, it may be necessary from time to time for Us to collect information about You or the equipment or methods You use to visit the Site, or while visiting the site. Although We need this information to better serve You, We understand Your concerns about how this information is used. Accordingly, this Policy explains how We use, and more importantly will NOT use, any personally identifiable information We collect when You visit or utilize the Site. This Policy also covers Our treatment of any personally identifiable information that Our business partners share with Us or that We may collect on or from a business partner’s site.
2. What this Policy Does Not Cover. This Policy does not apply to the practices of companies We do not own or control or to people We do not employ or manage. This Policy only addresses the use and disclosure of information We collect from You. To the extent that You disclose any of Your information to any other person or entity, different rules may apply to their use or disclosure of the information You disclose to them. It is important that You understand that We may not, and probably do not, control any Website which You may visit through a “link” from the Site, and such other Websites may have their own privacy policies that may differ substantially from ours. Also, any third party advertisers who advertise on the Site or through the Site may also adhere to their own privacy policies, which may also be different from ours. When visiting advertisers or any other Website or business You reach by “clicking” on a link on the Site, You are subject to the privacy policies of that third party. We encourage You to ask questions before You disclose Your personal information to others. Unless otherwise notified, We will not collect personal health information from You. If in the future We do collect such personal health information, We will do so in compliance with Our Personal Health Information Policy, a copy of which will be made available to You.
3. Information Collection and Usage by Us. Our primary goal in collecting personal information is to provide You with a smooth, efficient, and customized experience on the Site and throughout Our business. We use information collected for the purpose of completing transactions, delivering products, and addressing customer service issues. Any Credit Card Transactions with this Site are handled by third-party financial institutions and their vendors which receive the credit card number and other personal information only to verify the credit card numbers and process transactions. Online payment transactions are handled by an independent third party that receives the account number and other personal information only to verify the account number, the existence of funds, and process the transaction. The information collected and handled by them is subject to their privacy policies, which You should review.
We will not knowingly transfer Your personal information to another party except as disclosed in this Policy. In most instances, You may have the option to withhold certain requested information; however if You choose to withhold or not provide requested information, We may not be able to provide You with the services or products You request. In general, Our service automatically gathers certain usage information like the numbers and frequency of visitors to the Site. We only use such data in the aggregate. This collective data helps Us determine how much Our customers use parts of the Site, so We can improve the Site. We may also track certain information about Your behavior on the Site. We use this information to do internal research on Our users’ demographics, interests, and behavior to better understand and serve You and Our community. This information may include the URL that You came from (whether this URL is on Our site or not), which URL You next go to (whether this URL is on Our site or not), what browser You are using, and Your IP address.
We use information in the file We maintain about You, and other information We obtain from Your current and past activities on the Site, to resolve disputes, troubleshoot problems, or to enforce Our Terms of Service and End User License Agreement (“TOS”).
5. Disclosure of Your Personal Information. We may sell or rent certain personally identifiable information about you to third parties with which We have advertising and name-sharing agreements. However, you may opt out of these arrangements by clicking on the relevant opt-out indicators on Our site. We may disclose personally identifiable information about You to other companies or people when: (i) You give Us Your consent to share the information; (ii) We need to share Your information to provide the product or service You have requested; (iii) We need to send the information to persons or companies who work on Our behalf to provide a product or service to You; (iv) if We are required to do so by applicable law as described more fully below; or (v) when We determine You have violated the TOS. It is Our policy to cooperate with all law enforcement inquiries, as Well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We may disclose (and You authorize Us to disclose) any information about You to law enforcement in response to subpoenas or court orders, or other government officials or agencies as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is a violation or potential violation of law or may expose Us or You to legal liability.
Due to the possibility of requirements from existing or future regulatory authorities or due to the current or future state of technology, We cannot ensure that all of Your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Policy. For purposes of illustration only, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse Your information that they collect from the Site. Therefore, although We use industry standard practices to attempt to achieve the stated goals of Our privacy policies, as a matter of practicality We cannot and We do not promise, and You should not expect, that Your personally identifiable information or private communications will always remain private.
6. Service Providers.
A) External Providers. We may, for Your convenience, provide some of Your personally identifiable information to an external service provider. However, before We disclose Your personally identifiable information to an external service provider, You will see what data is about to be sent and have the ability to approve the disclosure. To prevent Our disclosure of Your personally identifiable information to an external service provider, You can decline such disclosures or simply not use their services.
7. Other Entities. We may share much of Our data, including personally identifiable information about You, with Our subsidiaries, business partners, and Our credit card/debit card processor. To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other users.
8. Advertisers. If We collect from the data We receive personally identifiable information, such information will be disclosed to advertisers and other third parties for other marketing and promotional purposes only in a manner which does not personally identify that information (such as disclosing information in the aggregate, by reference to averages or trends, or by reference to a “user” without providing the personally identifying information for that user). We will not disclose to these entities any information that could be used to identify You personally (for example, Your name, email address, password, credit card number, and bank account number).
9. Identification of User in Site. You will be identified throughout the Site by Your Logon (“User ID”). We suggest for security reasons that You do not use Your e-mail address as Your User ID. Your User ID can be used to identify You and Your activities throughout the Site, and other users may be able to identify You based on User ID items that You have purchased, sold, bid on in the past, requested a bid in the past, any ratings or comments You may provide, any postings You may place on the Site, etc.
11. Security. Even though We utilize various security techniques to protect data from unauthorized access by users inside and outside the company, “perfect security” does not exist on the Internet. Please note that e-mail and internet traffic are not secure. To help safeguard Your information, We suggest the following: (i) You do not share Your USER ID or password with anyone; (ii) change Your password regularly; and (iii) remember to sign off once You have submitted an application for a product or service online, or completed an online session.
12. Spam. We do not condone “spam” or unsolicited junk e-mail. We are not responsible for this unfortunate activity, and cannot stop it from occurring when it originates from outside the Site. We will take reasonable action against any person who uses Our email products as the launching pad for spam.
13. Editing Account Information. We will provide You with the ability to access and edit the information that You have provided to Us. To update the information or to deactivate Your account, please email Us. In the event You deactivate Your account, such information will be deactivated as soon as reasonably possible in accordance with Our deactivation policy and applicable law. We may retain in Our files information You have requested to remove from internet access, and may use such information in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce Our TOS. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored “back up” systems. Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your requests.
15. Use of Site. Use of the Site constitutes acceptance of this Policy as it is now written and as it may be modified from time to time and appears on the Site. You specifically agree to check back on the Site from time to time to ensure that You are familiar with this Policy as it may exist from time to time, but also agree that You are bound by such Policy as the same may exist on these pages, whether or not You have actually viewed them in their then-current form.
TERMS OF SERVICE
- LICENSE GRANT. The Company WebSite is provided by Company, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Company WebSite and any programs, services, tools, materials, or information made available through or from the Company WebSite conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the Company WebSite (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the Company WebSite into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the Company WebSite solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Company WebSite on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company regarding access and usage privileges for the Company WebSite, including, without limitation, a member services agreement with Company. Nevertheless, your personal use of the Company WebSite will be subject to the obligations and restrictions regarding use of the Company WebSite as set forth in this TOS.
- RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Company WebSite in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Company WebSite. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Company WebSite or in any way reproduce or circumvent the navigational structure or presentation of the Company WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Company WebSite, (ii) attempt to gain unauthorized access to any portion or feature of the Company WebSite, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the Company WebSite or to any Company server or to any of the services offered on or through the Company WebSite, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Company WebSite or any network connected to the Company WebSite, nor breach the security or authentication measures on the Company WebSite or any network connected to the Company WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Company WebSite, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Company WebSite or Company’s systems or networks or any systems or networks connected to the Company WebSite, (vi) use any device, software, or routine to interfere with the proper working of the Company WebSite or any transaction conducted on the Company WebSite, or with any other person’s use of the Company WebSite, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Company WebSite, (viii) use the Company WebSite to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Company WebSite (or any part thereof) without Company express, separate, and prior written permission, or (x) use the Company WebSite in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
- USER OBLIGATIONS. By downloading, accessing, or using the Company WebSite in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Company WebSite, including, without limitation, when you provide information via a Company WebSite registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Company WebSite. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Company WebSite. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Company in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Company WebSite (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Company WebSite is solely at your own risk. While Company has endeavored to create a secure and reliable Company WebSite, you should understand that the confidentiality of any communication or material transmitted to/from the Company WebSite over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Company WebSite. You agree to assume all responsibility concerning activities related to your use of the Company WebSite, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Company WebSite, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Company WebSite shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company.
- DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Company WebSite, you may provide Company with additional content or information (a “Posting”). In connection with delivering and providing to Company any such Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Company WebSite and Company’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company’s services and the Company WebSite. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Company WebSite in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Company WebSite, and/or to other specific portions or features of the Company WebSite, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Company membership benefits until you execute and Company accepts Company’s member services agreement with Company. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Company WebSite, the latter terms shall control with respect to your use of that portion of the Company WebSite. Company’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
- USER NAME-HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Company WebSite, namely, the Company member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Company WebSite and to your account. Accordingly, by using the Company WebSite, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
- POSTINGS. This Company WebSite may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Company WebSite contains such communication forums (collectively, “Forums”), you agree that by using the Company WebSite you will not post or transmit any of the following materials on the Company WebSite’s Forums:
- anything that interferes with or disrupts the Company WebSite or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- Programs, products, or services competitive with, or detrimental to, Company’s programs, products, or services,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company,
- statements or material that misrepresents your affiliation with any entity or Company,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
- chain letters, Ponzi schemes, multi-level marketing plans, or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated Forum, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Company WebSite.
- As Forums are public (or semi-public for member use), the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
- PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to Company and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Company WebSite, Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
- NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company’s right and ability to delete or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Company or its products, services, and goodwill. If you violate this TOS, Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Company WebSite. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Company as provided below.
- PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Company WebSite. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Company WebSite to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Company WebSite, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Company WebSite may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company’s trademarks. All rights reserved. Company also owns a copyright in the contents of the Company WebSite as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Company WebSite. Any downloadable or printable programs, directories, databases, information, or materials available through the Company WebSite and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about Company’s products or services or the Company WebSite. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Company WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
- LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the advertisements of third parties on the Company WebSite and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Company’s members. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Company WebSite are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Company WebSite, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Company WebSite.
- DISCLAIMER. WHILE Company ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE Company WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Company IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE Company WEBSITE. MOREOVER, Company MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE Company WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE Company WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE. Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Company ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Company WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Company WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Company WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Company WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Company FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Company WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Company IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
- TAXES. You hereby agree to timely pay, or collect and remit, or reimburse, any sales, use, ad valorem, property, and intangibles taxes arising out of the access to, and use of, the WebSite and the products and services thereon, including any such taxes levied or assessed against Company.
- NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company’s rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
- GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Missouri (without regard to principles of conflicts of laws), as applied to agreements entered into and completely performed in the State of Missouri. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of a court of competent jurisdiction in St. Louis County, Missouri, or the Federal District Court for the Eastern District of Missouri, for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS. Any claim you might have against Company must be brought within two years after the cause of action arises, or such claim or cause of action is barred. You acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Company makes no representation that the Company WebSite is appropriate or available for use in other locations outside the United States and Canada, and access to the Company WebSite from states, territories, or nations where any aspect of the Company WebSite is illegal is prohibited. You access the Company WebSite on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Company WebSite. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this TOS.
- ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Company WebSite may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law, as amended. Company reserves the right to view, monitor, and record activity on the Company WebSite without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Company WebSite. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Company WebSite as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Company WebSite, or any portion of the Company WebSite, in order to protect the Company WebSite, Company, or Company’s business.
- TERM AND TERMINATION. This TOS and your right to use the Company WebSite will take effect at the moment you click “I ACCEPT” or you install, access, or use the Company WebSite and is effective until terminated as set forth below. This TOS will terminate automatically if you click “I REJECT.” In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the Company WebSite or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Company WebSite, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Company WebSite in your possession. In addition to the miscellaneous section below, the provisions concerning Company’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.