TERMS OF USE

Last Updated: January 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing, browsing, or using this website (the “Site”), or by purchasing products from it, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not use this Site.

These Terms apply to all visitors, users, and customers of ONFLOORING, INC. (“ONFLOORING,” “we,” “us,” or “our”).

1. Eligibility and Acceptance

By using this Site, you represent that you are at least 18 years of age and capable of entering into a binding legal agreement. Use of this Site constitutes acceptance of these Terms, whether or not you create an account or complete a purchase.

We may update these Terms from time to time. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

2. Governing Law

These Terms and any dispute arising from your use of the Site or purchase of products shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.

3. Dispute Resolution and Arbitration

Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to your use of this Site or purchase of products from ONFLOORING shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Location

Arbitration shall take place in Ventura County, California, unless the parties agree otherwise.

Exceptions

Either party may:

• Bring an individual action in small claims court, or

• Seek injunctive or equitable relief in a California state or federal court for claims involving intellectual property misuse.

Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class, collective, or representative action.

Opt-Out Right

You may opt out of arbitration within 30 days of first using the Site by sending written notice to our customer service email, clearly stating your intent to opt out.

4. Product Information, Pricing, and MAP Policy

We make every effort to display accurate product information, but errors may occur.

MAP Pricing

Some manufacturers require us to display Minimum Advertised Price (MAP). Actual selling prices may be revealed only after adding products to your cart. This process does not obligate you to purchase.

Pricing and Availability

• Prices, promotions, and availability are subject to change without notice.

• We reserve the right to cancel or refuse any order, including for pricing errors or inventory limitations.

5. Orders, Shipping, and Delivery

• Shipping costs are estimates until finalized at checkout or order confirmation.

• Freight deliveries may involve curbside delivery, liftgate service, or carrier-specific requirements.

• Delivery delays caused by carriers, weather, supply chain disruptions, or force majeure events are outside our control.

Risk of loss transfers to you upon delivery, subject to applicable law.

6. Returns and Cancellations

Returns, cancellations, and restocking fees are governed by our Returns Policy, which is incorporated by reference. Please review it carefully before ordering.

7. Intellectual Property

All content on this Site—including text, graphics, images, logos, software, and data compilations—is owned by or licensed to ONFLOORING and protected by U.S. and international intellectual property laws.

You may not copy, reproduce, distribute, modify, or exploit any Site content without prior written permission.

© 2012–2026 ONFLOORING, INC. All rights reserved.

8. Trademarks

All trademarks, service marks, and trade names displayed on this Site are the property of ONFLOORING or their respective owners. Unauthorized use is prohibited.

9. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONFLOORING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Site will be uninterrupted, error-free, or secure.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ONFLOORING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS.

Some jurisdictions do not allow certain limitations, so these limits may not apply to you.

11. Privacy and Data Use

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect personal information, including rights under California law (CCPA/CPRA).

By using the Site, you consent to the collection and processing of your information in accordance with our Privacy Policy.

12. Third-Party Services and Links

The Site may contain links to third-party websites or use third-party services (e.g., payment processors, analytics providers). We are not responsible for third-party content, policies, or practices.

Accessing third-party sites is at your own risk.

13. Prohibited Conduct

You agree not to:

• Use the Site for unlawful purposes

• Attempt unauthorized access to systems or accounts

• Interfere with Site security or functionality

• Scrape, crawl, or misuse Site content without permission

We reserve the right to block or terminate access for violations.

14. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, labor disruptions, carrier delays, governmental actions, or system outages.

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16. Contact Information

Questions about these Terms should be directed to ONFLOORING customer service through the contact information provided on this Site.