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Website Terms
PLEASE CAREFULLY READ THE FOLLOWING CONDITIONS OF USE (INCLUDING THE DISCLAIMER) CAREFULLY BEFORE USING THIS WEB SITE (this "SITE").
By using this SITE, you agree to and accept these conditions of use (“Agreement”). If you do not agree to these conditions, you may not use this SITE. Also, when you visit or purchase from any affiliated business, you shall be deemed to have adhered to the conditions applicable to such service or business.
1. Governing Laws and Regulations:
By accessing this Site, you agree that the laws of the State of California, U.S.A., without regard to principles of conflict of laws, shall govern this Agreement and any dispute of any kind that might arise between you and ONFLOORING, INC. and/or its affiliates.
2. Disputes:
Any dispute relating in any manner to your use of, or visit to, this Site or to services or products you purchase through ONFLOORING, INC.. shall be submitted to arbitration in Ventura, California, except that, to the extent that you have in any manner violated or threatened to violate ONFLOORING, INC.’s intellectual property rights, ONFLOORING, INC. may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to such exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
3. Copyright:
All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2012-2022, ONFLOORING, INC. ALL RIGHTS RESERVED. Any use of materials on this SITE, including but not limited to reproduction, modification, distribution, or republication, without prior written permission of ONFLOORING, INC. is strictly prohibited.
4. Trademarks :
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to ONFLOORING, INC. or other respective owners that have granted ONFLOORING, INC. the right and license to use such Marks.
5. Disclaimer:
UNLESS EXPRESSLY STATED OTHERWISE, ALL OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE OR OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED (“AFFILIATED SITE”), INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONFLOORING, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONENFORCEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ONFLOORING, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT
6. Limitation on Liability:
YOU AGREE THAT IN NO EVENT SHALL ONFLOORING, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE PRODUCT(S) OR SERVICE(S), OR LOST OPPORTUNITIES, EVEN IF ONFLOORING, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR AN AFFILIATED SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF ANY MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. .ONFLOORING, INC. CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. CONFIDENTIALITY OF YOUR COMMUNICATIONS:
See and view our ONFLOORING, INC. Privacy Statement. You should be aware that an AFFILIATED SITE may contain confidentiality provisions that differ from the provisions provided herein. ONFLOORING, INC. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
8. LINKED AND AFFILIATED INTERNET SITES:
ONFLOORING, INC. prohibits caching, unauthorized hypertext links to this Site and the framing of any “Content”, as defined below, available on or through this Site. The term “Content” as used herein, refers to all logos, graphics, button icons, images, digital downloads, audio clips, text, software and data compilations available on or through this Site. ONFLOORING, INC., reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to this Site. Access to any other Internet sites linked to this Site is at your risk. You should be aware than an AFFILIATED SITE may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. ONFLOORING, INC. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
9. TRANSMISSION OF PERSONAL DATA:
You acknowledge and agree that by providing ONFLOORING, INC. with any personal or proprietary information through this Site, you consent to the transmission of such personal or proprietary user information over state and international borders as necessary for processing in accordance with ONFLOORING, INC.'s standard business practices. You should be aware that an AFFILIATED SITE may contain transmission of personal data provisions that differ from the provisions provided herein and ONFLOORING, INC. is not responsible for such provisions and it expressly disclaims any and all liability related to such provisions.
10. CHANGES TO CONDITIONS OF USE, SEVERABILITY:
ONFLOORING, INC. reserves the right to revise this Agreement at any time and you are deemed to be apprised of and bound by any changes to this Agreement. If any of the conditions set forth herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
11. VIOLATIONS OF THESE CONDITIONS OF USE:
ONFLOORING, INC. reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to this Site.
12. ACCESS TO PASSWORD PROTECTED/SECURE AREAS:
Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
