At any time, we may change any of the following:
- Our Site.
- This Agreement.
The changes will be effective immediately when the change is available at our Site. Your use of our Site after such changes are made constitutes your acknowledgement, agreement, and acceptance of these changes. Revisions to this Agreement supersede all previous versions of this Agreement and any verbal or written notices or statements.
To use our Site, you must be at least the age of majority where you reside. Regardless of location, you must be at least 13 years of age to use our Site.
This agreement is effective from the date you first access our Site and remains in effect until terminated in accordance with this Agreement. This Agreement will automatically terminate if you fail to comply with it. Should this Agreement be terminated for any reason, all obligations, provisions, liability limitations, indemnities, disclaimers, rights, and licenses to us shall survive indefinitely. We cannot be held liable for any terminations, whether deliberate or accidental.
We strive to provide accurate prices, descriptions, images, 3D representations, and details of the products we display on the Site. However, we may occasionally make mistakes or incur errors, causing inaccurate product or service information to be displayed on our Site, including size, color, price, and availability. We do not guarantee that the information on this Site is accurate, complete, reliable, current, or error-free. Together with our vendors, we reserve the right to cancel any orders, correct any errors and revoke any offers, including after an order has been submitted.
We may need to verify certain information prior to accepting an order. Together with our vendors, we reserve the right to change, limit, refuse, or cancel any orders by you for products and services that are sold, at our discretion, without prior notification, and at any time, including after your receipt of an order number or email confirmation.
As you use our Site, you may submit content, such as requests, feedback, suggestions, comments, reviews, messages, favorites, pictures, and captures of your surroundings, generated by you (collectively, "Content"). Any Content or other information submitted to the Site may be viewed by us, other users, third parties, or the public and will not be treated as confidential, private, or proprietary. By submitting Content, you agree to the following:
- Your Content does not violate any copyright, trademark, patent, or other intellectual property or other rights of any third party or any applicable law or regulation.
- You have the legal right to use and permit us to use and publish your Content.
- Your Content does not violate any terms in this Agreement or our policies.
- With the submission of your Content, you hereby grant us a perpetual, worldwide, irrevocable, and transferable right and license to use, copy, reproduce, distribute, disclose, publish, modify, process, sublicense, translate, transmit, make derivative works of, and otherwise exploit such Content, as a whole or in part, without compensation to you or others, in any format, media, or method, whether in existence today or yet to be created.
- Should your Content be published or made available on our Site, you grant others who use our Site to access, use, view, watch, distribute, forward, perform, and display such Content, in whole or in part.
- In the case of reviews or comments about a vendor, service provider, or any of their products or services, you agree not to submit Content if you are in any way related to the vendor or service provider, such as if you are an officer, director, employee, consultant, contractor, or affiliate of a vendor, service provider, or that of its competitor.
- You agree to pay all potential fees, royalties, damages, and any other liabilities arising from your submission of Content to our Site.
- You are solely responsible for your own Content and any consequences that may result from its posting.
Regarding Content submitted by you and others:
- We do not endorse or make any warranties or representations with regards to any Content published on our Site, including but not limited to the accuracy, quality, legitimacy, or appropriateness of the information.
- We reserve the right but not the obligation to monitor Content or any other information transmitted through our Site.
- We cannot guarantee that some Content or other information published on our Site will not be offensive or defamatory.
- We reserve the right but not the obligation to remove or refuse to publish any Content for any reason, without notice.
- We may publish, transmit, and otherwise provide Content in any manner and method we choose.
- We reserve the right to modify, translate, summarize, paraphrase, or shorten Content for any reason.
- We take absolutely no responsibility for Content you or others submit on our Site.
When you use our Site, you agree to conduct yourself in a lawful manner, consistent with generally accepted standards of etiquette and our terms and policies. Otherwise, we may terminate your access to our Site and you may be subject to civil or criminal action. We may involve and cooperate with law enforcement and other authorities in prosecuting users who act unlawfully or maliciously.
In particular, you agree not to do any of the following:
- Submit inaccurate, false, expired, misleading, or incomplete information, such as information about yourself, your device, your location, or when providing a comment or review of a product or service offered on our Site.
- Use our Site or send data to cause or attempt to cause harm to any person or entity.
- Transmit Content or data that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, discriminatory, hateful, or objectionable.
- Use our Site for anything but personal use, including for-profit or commercial activities or intentions.
- Access, copy, reproduce, modify, reformat, adapt, transmit, publish, distribute, or exploit content and information found on our Site in any way, except as explicitly permitted in this Agreement.
- Make copies of or display content from our Site for commercial purposes; without clear and visible attribution to us; or with modified or missing trademarks, copyright, or other notices contained in the original content.
- Suggest, mislead, or imply, whether deliberately or accidentally, that we endorse, operate, sponsor, condone, recommend, or are affiliated with any other entity, website, or application.
- Modify links to our Site or its associated content or code, including links to virtual rooms, whether originated from within our Site or externally.
- Collect, store, or use personal information about any of the users on our Site without their consent.
- Use our Site in a way that could harm, overburden, impair, interfere, or unreasonably strain our Site or its products, services, users, and any associated or connected systems.
- Copy, reproduce, modify, adapt, translate, publish, post, transmit, upload, deploy, distribute, disclose, sell, license, decompile, disassemble, or reverse engineer any part of our Site.
- Use robots, data mine, or similar data collection and extraction tools with respect to our Site.
- Violate any applicable laws or regulations, whether deliberately or accidentally.
Any content, information, data, products, services, and any derivative works from Content, and any associated intellectual property and other rights on our Site, are and will remain our property and that of our vendors, licensors, and affiliates. Our property is protected by local and international laws, and you acknowledge that our rights are valid and enforceable.
Our Site contains registered and unregistered trademarks, copyrights, and service marks including but not limited to our logo, our tag lines, and those of our vendors and others (collectively, "Our Marks"). Any use of Our Marks is strictly prohibited, except as explicitly permitted in this Agreement. You acknowledge and agree that all rights regarding Our Marks are our exclusive property or that of our vendors, licensors, or affiliates, and that any value or goodwill created by your use of Our Marks will accrue to only us, our vendors, licensors, or affiliates. You also agree that you will not take any actions that could threaten, harm, challenge, or in any way conflict or reduce the value of Our Marks or our rights with respect to Our Marks.
Each of the following provisions applies to the maximum extent permitted by law:
- We are providing you our Site on an "as is" and "as available" basis, without warranty of any kind, whether expressed or implied, including but not limited to the accuracy of information, appropriateness for a particular purpose, non-infringement, and any warranty arising out of usage for dealing or trade.
- We are not responsible for any damages or liability arising out of the content on our Site, including content from third parties, the accuracy of any information, prices, availability, or product descriptions, and the quality or conduct of any third parties.
- You agree that we will not be liable to you under any theory of liability, to the maximum extent permitted by law. We will not be liable for any indirect, incidental, or consequential damages, delays, mis- or non-delivery, loss of profits, business interruption, reputational harm, or loss of data due to your use or inability to use our Site or its products or services. Your use of the Site, its products, information, and services is strictly at your own risk.
You agree to fully indemnify, defend, and hold Smiddy's CarpetsPlus COLORTILE, our affiliates, licensors, vendors, partners, agents, successors, and assigns and our and their officers, directors, employees, contractors, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs, including any legal fees and other expenses that arise directly or indirectly out of or from any of the following:
- Your breach of this Agreement.
- Your activities or misconduct, whether deliberate or accidental, through our Site.
- Allegation that any information transmitted through our Site infringe or violate the copyright, trademark, patent, or other intellectual property or other rights of any third party.
You and Smiddy's CarpetsPlus COLORTILE agree to forego any rights to litigate in a court or before a jury or to participate in a representative action or class action regarding a claim. In arbitration, other rights that you may have if you went to court, including discovery, may be limited or not available to you. Any disputes between you and Smiddy's CarpetsPlus COLORTILE or its officers, directors, partners, employees, representatives, contractors, agents, and affiliates, related to this Agreement will be settled by legally binding arbitration, the administration of which will be determined by us. The arbitrator will be an independent third party licensed to practice law. Arbitration will be conducted in United States, unless we decide otherwise. Judgement from the arbitration may be filed in any court with jurisdiction over this Agreement. Any judgement must be consistent with this Agreement's outlined liability limitations and indemnification.
Before requesting or initiating arbitration, you must notify us in writing at least 90 days in advance of your intention to file for arbitration. You may provide such notice by email to email@example.com. During this period, you and Smiddy's CarpetsPlus COLORTILE will attempt to settle the disputes through mutual discussions. If we fail to settle within this period, you may initiate arbitration, which you agree to submit on an individual basis only. You acknowledge and agree that you and Smiddy's CarpetsPlus COLORTILE are each waiving the right to a trial before a jury or to participate as a member in a class action. Furthermore, the arbitrator may not consolidate more than one individual's claim.
This Agreement shall be interpreted in accordance with the laws of United States without regard to any conflict of laws provisions. You agree to only submit actions, claims, or requests for arbitration to a court located in United States and no other court. If you use or access our Site, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of our Site to any person, geographic area, or jurisdiction, at any time and at our discretion.
The following terms also apply to this Agreement:
- Severability: In case any part of this Agreement is found to be illegal or unenforceable, the remainder of the Agreement will continue to be valid and enforceable.
- Transfer: No part of this Agreement can be transferred, delegated, or assigned by you.
- Authority: This Agreement can only be modified by us. Our written and signed consent is required for any exceptions or modifications to this Agreement.
- Precedence: This Agreement supersedes all previous versions of this Agreement and any other verbal or written notices or statements. In case of any conflicts between this Agreement and any other policy, notice, or statement, this Agreement shall take precedence.
- Relationship: In no way does this Agreement create or relate to a partnership, joint venture, or employee-employer relationship between you and Smiddy's CarpetsPlus COLORTILE.
- Format: Headings, titles, emphases, formatting, and font styles in this Agreement are only for convenience and in no way define or explain any section or provision contained herein.
- Exclusivity: This Agreement is only between you and Smiddy's CarpetsPlus COLORTILE, even if you access our Site via other means. Application platforms, such as those operated by Apple, Inc. or Google Inc., or other services which enable you to access our Site, may be subject to additional terms.
Last Updated: February 24, 2023