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Express Flooring, LLC. Website Terms of Services |
Last
updated: June 30, 2010
These Website Terms of Service (including any document incorporated by
reference herein) for the Express Flooring, LLC. (“EF”) websites, located at
www.expressflooring.com and such other websites as may be owned and/or
controlled by EF (collectively the “websites”) that contain these Website Terms
of Service (“Terms of Service”), constitutes a legal contract between you and EF
and covers all aspects of your use of the websites and, to the extent not
superseded by the terms and conditions of any contract we may sign with you, of
any product or service that we may supply to you.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING,
BROWSING OR OTHERWISE USING THE WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU
DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE
YOUR USE OF THE WEBSITES.
1. Eligibility; Privacy.
The products and services offered through the websites are not available to
persons under the age of 18 or to persons who are not legal residents of the
United States, by visa or otherwise. BY CLICKING ANY “SUBMIT” OR OTHER BUTTON
OR BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU REPRESENT AND
WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF
THE UNITED STATES.
Some of the products and services offered through the websites may be subject
to additional terms and conditions, including those products and services
offered by or through third-party providers. To the extent not inconsistent
with these Terms of Service, these additional terms and conditions are hereby
incorporated herein by reference; however, in the case of any inconsistency
between these Terms of Service and any other document that is incorporated by
reference herein, these Terms of Service shall control.
EF has made a commitment to protecting the privacy of those who visit our
websites and access the products and services available therein. EF’s Privacy
Policy is hereby incorporated herein by reference.
2. Products and Services.
Certain of the websites function as an online marketplace where visitors can
research and submit requests for various flooring types and research different
types of home and commercial products and services. You understand and agree
that if you submit a request for a product or service or for further
information relating to a product or service offered through any of the
websites, EF will share such of your information as may be required in order to
match you with selected providers of the products and/or services that you
request.
By submitting your contact information to us, you are expressly consenting to
be contacted by us or by one or more providers of products and services by
telephone, email or postal mail even if you have opted into the national Do
Not Call List administered by the Federal Trade Commission, any state
equivalent Do Not Call List or the Do Not Call List of any specific
institution.
3. Modification of These Terms of Service.
EF reserves the right to change, modify, add or remove portions of these Terms
of Service at any time by posting amended Terms of Service. Please check these
Terms of Service periodically for changes. Your continued use of any of the
websites after the posting of changes constitutes your binding acceptance of
such changes. Except as stated elsewhere, such amended Terms of Service will be
effective immediately and without further notice.
4. License Grants.
Subject to your compliance with these Terms of Service, EF hereby grants you a
personal, limited, non-exclusive, non-transferable revocable license to use the
websites for purposes of accessing the information and contacting the providers
of the products and services contained therein.
EF expressly reserves all rights not specifically granted herein, including but
not limited to the right to exercise whatever lawful means it deems necessary
or appropriate to prevent unauthorized use of the websites.
By using the websites, you hereby grant to EF a worldwide, non-exclusive,
perpetual, irrevocable, transferable, sublicensable (through multiple tiers),
assignable, royalty-free license to transfer, display, reproduce, distribute,
modify and otherwise use your personal and other information, subject to the
restrictions set forth herein (including EF’s Privacy Policy).
5. Prohibited Conduct.
By using the websites, you agree not to:
- Use the websites
for any purpose other than to access the information and contact the
providers of the products and services advertised therein;
- submit, transmit
or facilitate the distribution of information or content that is illegal,
harmful, abusive, racially or ethnically offensive, vulgar, sexually
explicit, defamatory, infringing, invasive of personal privacy or
publicity rights, or in a reasonable person’s view, objectionable;
- attempt to
interfere with, compromise the system integrity or security or decipher
any transmissions to or from the servers running the websites or bypass
the measures we may use to prevent or restrict access to the websites;
- take any action
that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
- use any robot,
spider, scraper or other similar system to access the websites;
- impersonate
another person or otherwise misrepresent your affiliation with a person or
entity, conduct fraud, hide or attempt to hide your identity; or
- submit, upload,
post, email, transmit or otherwise make available any information or
content that you do not have a right to make available under any law or
under contractual or fiduciary relationships.
6. Ownership & Proprietary Rights.
The websites are owned and operated by EF. All content displayed on the
websites, as well as all visual interfaces, graphics, designs, information,
computer code (including source code or object code), software and all other
elements of the websites are protected by United States copyright, trade dress,
patent and trade/service mark laws, international conventions, where
applicable, and all other relevant intellectual property and proprietary rights
and laws. Except as otherwise specified on the websites, all content contained
on the websites is the property of EF and/or its third-party licensors. Except
as expressly authorized by EF, you may not sell, license, distribute, copy,
modify, publicly perform or display, transmit, publish, edit, adapt, create
derivative works from or otherwise make any unauthorized use of such content.
7. Links to Third-Party Sites; Dealings with Third Parties.
The websites may include links or references to other web sites owned or
operated by third parties with which EF may have a relationship. EF has no
control over such third party web sites and, thus, is not responsible for their
availability, content or advertising, or any products or services available
from such third parties. Your correspondence or business dealings with such
third parties are solely between you and such third party. Access and use of
such web sites is solely at your own risk.
Your correspondence or business dealings with any third parties, including, but
not limited to, business dealings with carpet and grout cleaning companies, or
any other product or service provider are solely between you and such third
party. EF is not responsible for any terms, conditions, warranties or
representations associated with such dealings or liable for any loss or damage
of any sort incurred as the result of such dealings.
By using the websites as directed, you are acknowledging that EF does not make
credit decisions in connection with any product or service offered to you, does
not recommend, endorse, warrant or guarantee the products or services of any
third party and is not party to any discussions that you may have or agreement
that you may make with any third party. EF does not charge anyone a fee to use
the websites.
8. Termination; Exclusive Remedy.
EF at any time, in its sole discretion, for any or no reason, and without
penalty or liability, may terminate your use of the websites and terminate any
session. EF may also in its sole discretion and at any time discontinue
providing access to one or more websites. Any termination of access to the
websites may be effected with or without prior notice, and EF will not be
liable to you or to any third party for any such termination. Any suspected
fraudulent, abusive or illegal activity may be referred to appropriate law enforcement
authorities.
Your sole and exclusive remedy with respect to any dissatisfaction with (i) the
websites, (ii) any term or condition of these Terms of Service or (iii) any
policy or practice of EF in operating any website is to terminate your access
to and discontinuing use of the websites.
9. Indemnification.
You agree to indemnify, save and hold EF and its contractors, employees, agents
and its third party suppliers and business partners harmless from any claims,
losses, damages and liabilities, including legal fees and expenses, arising out
of your use or misuse of the websites, any violation by you of these Terms of
Service or any breach of the representations, warranties and covenants made by
you herein. EF reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us
and you agree to cooperate with EF’s defense of any such claims. EF will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
10. No Warranty; Disclaimers.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EF AND ITS THIRD
PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM EF OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
IN THESE TERMS OF SERVICE.
THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA,
INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES
MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND EITHER EXPRESS OR IMPLIED.
NONE OF EF OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY
DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR
SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL
BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES
OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR
LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EF OR
ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT
ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED
PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE
WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THAT RESULT
FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITES OR ANY THIRD-PARTY WEB SITE
OR ANY OTHER INTERACTIONS WITH EF, EVEN IF EF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EF’S LIABILITY
WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Release.
BY YOUR USE OF ANY EF WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE EF AND
ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR
ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE,
WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE
OF THE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Dispute Resolution.
In the event of a dispute between you and EF that arises out of these Terms of
Service or any product or service you obtain through the websites (“Claim”),
you and EF agree to resolve that Claim in accordance with the procedures set
forth below or as we may otherwise agree in writing. Before resorting to these
dispute resolution mechanisms, you must first contact us directly to seek a
resolution. If, however, we are unable to resolve our differences informally, EF
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation.
For any Claim (excluding claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, either party may
elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration, they
shall initiate such arbitration through an established alternative dispute
resolution ("ADR") provider chosen by the party seeking arbitration.
The ADR provider and the parties must comply with the following rules:
- the arbitration
shall be conducted by telephone or online and be solely based on written
submissions, the specific manner to be chosen by the party initiating the
arbitration;
- the arbitration
shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and
- any judgment on
the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
14. Miscellaneous.
14.1 Notice. EF may provide you with notices by
e-mail, regular mail or postings on any website. Notice will be deemed given
twenty-four hours after e-mail is sent, unless EF is notified that the e-mail
address used is invalid. Alternatively, EF may give you legal notice by mail to
a postal address, if provided by you through any website. In such case, notice
will be deemed given three (3) calendar days after the date of mailing.
All notices to EF must be made in writing and mailed to:
Express Flooring, LLC.
4101 West Washington St, Suite 100
Phoenix, AZ 85009
Attn: Customer Services
14.2 Waiver and Severability of Terms. The failure of EF
to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision. Any waiver of any provision
of these Terms of Service will be effective only if in writing and signed by EF.
If any provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the other provisions of these Terms of Service
shall remain in full force and effect and the parties agree that such court
should endeavor to give effect to the parties’ intentions.
14.3 Choice of Law; Forum. These Terms of Service
shall be governed in all respects by the laws of the State of Arizona as they
apply to agreements entered into and to be performed entirely within Arizona
between Arizona residents, without regard to conflict of law provisions.
Any claim or dispute you may have against EF must be resolved by a court
located in Phoenix, Arizona, except as otherwise agreed by the parties or as
described in Paragraph 13. You agree to submit to the personal jurisdiction of
the courts located within Maricopa County, Arizona for the purpose of
litigating all such claims or disputes.
All claims filed or brought contrary to either Section 13 or this Section 14.3
shall be considered improperly filed. Should you file a claim improperly, EF
may recover reasonable attorneys’ fees and costs, provided that EF has notified
you in writing of the improperly filed claim and you have failed to withdraw
the claim promptly.
14.4 Assignment. You may not transfer or assign any of
your rights and obligations under these Terms of Service without the express
prior written consent of EF, give in its sole discretion. However, you
acknowledge and agree that EF may freely and without restriction or limitation
assign or transfer any of its rights and obligations under these Terms of
Service.
14.5 Entire Agreement. These Terms of Service and any
document incorporated by reference herein constitute the entire agreement
between you and EF and govern your use of the websites, superseding any prior
agreements between you and EF. Notwithstanding the foregoing, you also may be
subject to additional terms and conditions that may apply when you use or
purchase certain products and/or services provided by EF or one of EF’s third
party business partners.
14.6 Survival. The following paragraphs shall survive
termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10,
11, 12, 13 and 14.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
© Express Flooring, LLC, 2010. All rights reserved.
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