Terms of service
TERMS OF SERVICE
Welcome and thanks for visiting The Floor Store Direct website: TheFloorStoreDirect.com. Thank you considering our products and services.
Upon registering, You hereby agree to the terms and conditions of this Terms of Service (hereinafter "Agreement") which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
Privacy Policy
Please review the Privacy Policy to understand Our policies. If you have any questions about our privacy policy, please contact us at TheFloorStoreDirect@gmail.com
Purchase Policy
The Floor Store Direct priority is to make Your purchasing experience easy, efficient, and smooth. If You have any questions about our purchase policies, please contact us at TheFloorStoreDirect@gmail.com
Sales Tax
Any and all sales or use tax will be your responsibility. Sales tax calculations on the web site are an estimate only. Your accurate sales tax, if applicable, will be calculated and presented to you at the time of product delivery.
Shopping Cart
We do our best to maintain a compliant shopping cart. The Payment Card Industry Data Security Standard is a set of requirements implemented to ensure that firms companies that process, store or transmit credit card information maintain a secure environment.
Purchases you make from us using Your major credit card, You agree to honor the terms and conditions of Your cardholder agreement.
Return Policy
Refunds will be handled according to our store's policies. Please contact TheFloorStoreDirect.@gmail.com for a copy of our store's policies.
Product or Pricing Inaccuracies
While we take every precaution to make sure all products and pricing are correct on our web site, although mistakes do occur given the volatile pricing environments we face from time to time. If you find a mistake, please contact us at TheFloorStoreDirect@gmail.com. Prices and the availability of products and our services are subject to change without notice. As a Best-efforts approach, we will, from time to time, make pricing mistakes. We will use our Best-efforts approach to correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged.
Limitation of Liability
Our services is provided on an “AS IS,” “as available” Basis. Neither The Floor Store Direct, LLC nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “associates”) warrant that use The Site will be uninterrupted or error-free. Neither The Floor Store Direct nor its associates warrant the accuracy, integrity or completeness of the content provided on The Site or the products or services displayed on The Site. Further, The Floor Store Direct makes no representation that content provided on The Site is applicable or appropriate for use in locations outside of the United States. The Floor Store Direct specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by The Floor Store Direct, nor its associates, shall create a warranty. You expressly agree that use of The Site is at your sole risk.
Under no circumstances shall The Floor Store Direct or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use The Site, including but not limited to reliance by a user on any information obtained at The Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications
Failure, theft, destruction or unauthorized access to The Floor Store Direct records, programs, or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of The Floor Store Direct has been advised of or should have knowledge of the possibility of such damages. User herby acknowledges that this paragraph shall apply to all content, merchandise and services available through The Site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Indemnification
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Force Majeure
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire accidents or any other type of natural disaster or Terriorist attack, war, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any
Disputes
For all disputes, You agree to attempt to resolve the dispute by contacting us at TheFloorStoreDirect@gmail.com prior to taking any other action. Failure to contact us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to your dispute will be considered by us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Ohio. The Cuyahoga County Court of the State of Ohio will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
Agreement Updates
This Agreement is effective as of November 30th, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.
IMPORTANT INFO YOU NEED TO UNDERSTAND
You should assume that everything you see and read on the Site is copyrighted unless otherwise noted and may not be reproduced or used in any manner except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Floor Store Direct. The Floor Store Direct neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with The Floor Store Direct.
You understand and expressly agree that your use of The Floor Store Direct services and browsing on the Site are solely at your own risk. Neither The Floor Store Direct nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages of any kind arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS", AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You agree to indemnify, defend and hold harmless The Floor Store Direct, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of our Terms of Services (including, but not limited to, a breach of your warranties and representations herein), or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflicts of laws provision or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Images of people or places displayed on the Site are either the property of, or used with permission by, The Floor Store Direct. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communication regulations and statutes.
The Floor Store Direct has not reviewed the external web sites linked to the Site and is not responsible for the content of any off-Site pages or any other web sites linked to the Site. By creating a link to a third party web site, The Floor Store Direct does not endorse or recommend any products or services offered or information contained at that web site, nor is The Floor Store Direct liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of The Floor Store Direct and the third party website may provide less security than the Site. Your use of links from the Site to reach other sites is at your own risk.