Terms and Conditions
Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES (DEFINED BELOW). YOUR USE OF THE SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY, AVAILABLE HERE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITES.
Application
These Terms and Conditions apply to the websites, including https://uafloors.com/ and any applications, platforms, services or other resources related to, distributed on, or available through the websites (the "Sites"). The Sites are operated by Ua Floors.
Copyrights
The Sites and the materials within it are © Ua Floors. Viewing the Sites creates a copy of Ua Floors materials in your computer's random access memory and/or in you hard drive and/or in your proxy server.
Use License
Ua Floors grants you permission to view the Sites and to print individual pages from the Sites for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms and Conditions. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the Sites.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Sites are registered and unregistered Trademarks of Ua Floors and others. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites, without the prior written permission of the Trademark owner. Ua Floors aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Ua Floors, the Ua Floors logo or the other Ua Floors formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without prior, written permission from Ua Floors. Ua Floors prohibits use of the Ua Floors logo as part of a link to or from any site unless establishment of such a link is approved in advance by Ua Floors in writing. Fair use of Ua Floors's Trademarks requires proper acknowledgment. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
Product Orders, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Ua Floors makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. While we will use our best efforts to fulfill all orders, Ua Floors cannot guarantee the availability of any particular product displayed on the Sites. Ua Floors reserves the right to discontinue the sale of any product listed on the Sites at any time without notice.
Product prices offered on the Sites may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on the Sites are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. While our goal is 100% error-free Sites, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Ua Floors reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Delivery of flooring products is "curbside" only. If you require special shipping arrangements (up stairs, rooftop etc.) we recommend that you select the "Special Shipping Arrangements" option on the Shipping Method page in checkout and complete the purchase of items in your order without specifying a specific shipping method.
Links to Third Party Sites
The Sites may contain links to Sites owned or operated by parties other than Ua Floors. Such links are provided for your reference only. Ua Floors does not control outside Sites and is not responsible for their content. Ua Floors's inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Ua Floors's inclusion of the links imply that Ua Floors is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
DISCLAIMERS
THE INFORMATION AND MATERIALS IN THE SITES ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF UA FLOORS OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THE SITES AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THE SITES. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT
NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
UA FLOORS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. UA FLOORS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. UA FLOORS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITES. YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL UA FLOORS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE MATERIALS IN THE SITES, THE DELAY OR INABILITY TO USE THE SITES OR OTHERWISE ARISING IN CONNECTION WITH THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Submissons
Ua Floors is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, blogs, e-mails, submissions to contests, or forwarding "before and after" pictures and/or commentary) to Ua Floors (the "Submissions"), the Submissions shall be deemed, and shall remain, Ua Floors's property. The Submissions shall not be subject to any obligation of confidentiality on the part of Ua Floors and Ua Floors shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Ua Floors, you agree that Ua Floors has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes.
Legal Disputes
You agree that this agreement and your use of the Sites are governed by the laws of the YUNLIN County, ROC. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in YUNLIN County, ROC in all disputes (a) arising out of, relating to, or concerning the Sites and/or this agreement, (b) in which the Sites and/or this agreement is an issue or a material fact, or (c) in which the Sites and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Ua Floors has endeavored to comply with all legal requirements known to it in creating and maintaining the Sites, but makes no representation that materials on the Sites are appropriate or available for use in any particular jurisdiction. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Revisions to the Terms and Conditions
You agree that Ua Floors may at any time and without notice change the terms, conditions and notices under which the Sites is offered.
Other Matters
You agree that no joint venture, partnership, employment or agency relationship exists between you and Ua Floors as a result of this agreement or your use of the Sites.
Ua Floors's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Ua Floors's right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Ua Floors with respect to such use.
Entire Agreement
This agreement, the Ua Floors Privacy Policy, terms of sale, and other applicable terms that may apply to a particular purchase or interaction with us, constitute the entire agreement between you and Ua Floors with respect to the Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ua Floors with respect to the Sites. No modification of this agreement shall be effective unless it is authored by Ua Floors or its affiliates, or unless it is physically signed in blue ink by a Ua Floors officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Ua Floors in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ua Floors in printed form.
Installation
As a courtesy, Ua Floors provides information to its customers concerning the installation of products sold by Ua Floors and related issues. Such information is not exhaustive and does not take the place of an installer's expertise, due care and informed judgment. Unless contracted directly with Ua Floors, Ua Floors is not in the business of selling, arranging or scheduling flooring installation. Unless contracted directly with Ua Floors, Ua Floors disclaims any liability arising from or relating to the information provided herein including, but not limited to, improper installation, site conditions, inappropriate installation location or improper care and maintenance of the flooring.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination
We may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
USER GENERATED CONTENT:
By responding #YES, you have provided your written signature and consent to enter into a binding agreement with Company as set forth below:
By agreeing to these User Generated Content Terms and Conditions (hereinafter, the "Terms and Conditions") which include a binding arbitration provision set forth below, you warrant and represent that: (a) the Content is your original work, (b) the Content has not been previously published, (c) the Content has no previous awards, (d) the Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained all permission, consents, waivers necessary for the depiction of any person, name, nickname, username, likeness or voice in the Content (if any), (f) you are the parent or legal guardian of any minor child depicted in the Content; (g) publication of the Content via various media including Web posting and print media, will not infringe or violate the rights of on any third party; and (h) the Content accurately reflects your experience with Company's products and services, and that any depiction are known to be true and are based on your use of Company's products and services.
By agreeing to these Terms and Conditions, you hereby grant Company, its clients and each of their affiliates, and their respective designees a non-exclusive, sub-licensable, unlimited, irrevocable, perpetual, worldwide, fully-paid, royalty free license and right to use, modify, publicly perform, publicly display, reproduce, modify, and distribute and make derivative works of the Content (defined below) in any and all media now known or hereinafter developed without limitation to time or territory and without the requirement to make payment to you or to any third party or the need to obtain any permission from you or any third party. This license includes the right to host, index, cache, distribute, and tag any Content, as well as the right to sublicense Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs or print reproduction. You continue to retain all ownership rights in your Content, and you continue to have the right to use your Content in any way you choose, subject to these Terms and Conditions and the license described herein.
By agreeing to these Terms and Conditions, you agree that your grant of rights is gratuitous and made without restriction, and will not place Company under any obligation, that Company is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or credit to you. You acknowledge that, by selecting your Content, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
You acknowledge that Company has no obligation to use the post it selects, including any photos, video, written statements, artwork, hashtags, captions, names, and any other information within or associated with the post (collectively, "Content") or credit you.
You consent to Company or its designee storing the Content and your contact details in case Company seeks to contact you and in order for Company to demonstrate its rights herein.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY (19 OR OLDER IN AL AND NE AND 18 YEARS OLD OR OLDER IN ALL OTHER STATES), AND HAVE THE RIGHT TO GRANT THE RIGHTS SET FORTH HEREIN AND YOU ACKNOWLEDGE THAT CONTENT, WHICH MAY INCLUDE PERSONAL INFORMATION OF YOUR MINOR CHILD(REN), MAY BE POSTED ON COMPANY'S, ITS AFFILIATE'S OR THIRD PARTY PARTNER'S WEBSITES OR USED IN ANY OTHER MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED FOR PURPOSES DESIGNATED BY COMPANY, IN ITS SOLE DISCRETION WITHOUT TERRITORIAL OR TIME LIMITATION.
You release Company, its parents, affiliates, subsidiaries, and contractors and each of their respective directors, officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to the Content provided to Company. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of you or Company in connection with the provision or use of Content shall be governed by and construed in accordance with the laws of the YUNLIN COUNTY, R.O.C., without regard to its conflicts of law principles. You consent to the jurisdiction and venue of the state and federal courts located in YUNLIN COUNTY, R.O.C.
SEVERABILITY; ENTIRE AGREEMENT:
If any provision(s) of these User Generated Content Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and communications, written or oral, with respect to the subject matter hereof. These Terms and Conditions may not be modified or any right of a party waived orally, but, instead, only by a writing signed by both parties.
Contacting Us
If you have any questions about the Terms and Conditions, please use the contact us page at www.uafloors.com .
Although Ua Floors will in most circumstances be able to receive your e-mail or other information provided through the Sites (including, without limitation, service requests and other submissions), Ua Floors does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Copyright © Ua Floors. All Rights Reserved.