Terms and Conditions

Last Updated: April 7, 2020

Welcome to floor.com.

Floor.com LLC and/or its affiliates (collectively "Floor.com LLC" "Us", "Our" or "We") provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms and Conditions ("Terms or "Terms of Use"). Visitors to our Sites are sometimes referred to in these Terms as "you" or "your" and you and we together are sometimes referred to as the "parties".

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE. These Terms of Use constitute an agreement between Floor.com LLC and you. We recommend that you print out a copy of these Terms of Use for your records.

Please note that these Terms and Conditions contain provisions that govern the resolution of claims between Floor.com LLC and you. Please see the Legal Disputes and Arbitration (section 15 herein) for complete details.

1. Effective Date

   These Terms are effective as of the date set forth above. Floor.com LLC reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use. We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this webpage.

2. Additional Terms

   Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features, and the terms of our mobile application or product Sites. Your use of such pages or download or use of our mobile application, registration for an account, or use of event Sites we host on behalf of other organizations confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions of these Terms shall apply to the Additional Terms. Use of our mobile applications are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms or conditions entered into by the applicable organization, which are in addition to these Terms.

3. Privacy & Security

   Our Privacy Policy applies to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail.

   Information security is important to us. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Floor.com LLC does, however, reserve the right at all times to disclose any information as Floor.com LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. Use of the Sites and License

   The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

5. Restrictions on Use of the Site

   You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

   • Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
   • Create or maintain any link from another website to any page on a Site without Floor.com LLC's prior written permission;
   • Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without Floor.com LLC's prior written permission;
   • Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
   • Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;
   • Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
   • Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;
   • Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;
   • Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;
   • Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;
   • Scan or test the vulnerability of a Site or any network connected to a Site;
   • Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or
   • Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

6. Pricing and Content

   With respect to items sold by Floor.com LLC, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

   Please note that this policy applies only to products sold and shipped by Floor.com LLC. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

   Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

   All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain dimensions, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.

7. User-Generated Content

   From time to time, the Sites permit the submission of content, such as comments, suggestions, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or idea that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

   By submitting User Content, you represent and warrant to Floor.com LLC that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party, or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize Floor.com LLC to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Floor.com LLC's Acceptable Use Policy set forth below.

   As between you and Floor.com LLC, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Floor.com LLC, you hereby grant to Floor.com LLC a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other use or media) your User Content, in whole or in part, including future rights that Floor.com LLC (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

   Floor.com LLC does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Floor.com LLC reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Floor.com LLC has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. Floor.com LLC takes no responsibility for User Content.

8. Acceptable Use Policy

   By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Floor.com LLC all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Floor.com LLC; (iv) impersonate any person or entity, including but not limited to, a representative of Floor.com LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

   You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Floor.com LLC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

9. Disclaimer of Warranties

   Floor.com LLC intends for the information and data contained in the Sites to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided "AS IS" and "AS AVAILABLE." You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Floor.com LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

   NEITHER Floor.com LLC, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE AND NEITHER Floor.com LLC NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Floor.com LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Floor.com LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

   THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

10. Limitation on Liability

    We do not assume any responsibility and shall not be liable for any damages to, or viruses or other harmful or malicious code, that may infect or affect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site, and We will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

    IN NO EVENT WILL Floor.com LLC OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND Floor.com LLC. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

    THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS' FEES OR DAMAGES WHERE MANDATED BY STATUTE.

11. Copyright Policy

    This Copyright Policy describes Floor.com LLC's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.floor.com or related domains (collectively, the "Site").

    Notification of Alleged Copyright Infringement

    If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Floor.com LLC a written notification pursuant to the Digital Millennium Copyright Act of 1998 (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)), and request that the material be removed or that access to it be blocked.

    Your DMCA Notice must contain:

    • Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
    • Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
    • Your name, address, telephone number and email address (if available);
    • The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
    • A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
    • A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You must submit any notification of an alleged copyright infringement to Floor.com LLC's Copyright Agent at the law firm of Nosal & Jeter,LLP by mail or email as set forth below:

    Floor.com LLC Copyright Agent
    Attn: Thomas C. Jeter III
    Nosal & Jeter, LLP
    852 Gold Hill Rd., Ste 201
    Fort Mill, SC 29708

    Email: info@nosaljeterlaw.com (please reference "Floor.com LLC DMCA Notice")

    If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

12. Counter-Notice

    If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Floor.com LLC's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
    • Your name, address, telephone number and email address;
    • A statement that you consent to the jurisdiction of the Federal District Court in Columbia, South Carolina; and
    • A statement that you will accept service of process from the person who provided notification of the alleged infringement.

    You may submit your counter notification to Floor.com LLC's Copyright Agent by mail or email as set forth below:

    Floor.com LLC Copyright Agent
    Attn: Thomas C. Jeter III
    Nosal & Jeter, LLP
    852 Gold Hill Rd., Ste 201
    Fort Mill, SC 29708

    Email: info@nosaljeterlaw.com (please reference "Floor.com LLC DMCA Notice")

    Upon receipt of a counter notice, Floor.com LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Floor.com LLC's sole discretion.

    You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

13. Indemnity

    You agree to defend, indemnify and hold Floor.com LLC and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites; (ii) your violation of these Terms of Use; or (iii) your violation of any rights of another user.

14. Choice of Law and Jurisdiction.

    Initial Dispute Resolution.

    We are available by email at info@floor.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved, shall be submitted to binding confidential arbitration as provided in Section 15 (herein).

    Choice of Law and Courts for Non-Arbitrated Disputes

    Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and Floor.com LLC to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by Floor.com LLC from its offices in South Carolina. Notwithstanding the arbitration provisions in Section 15, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of South Carolina or the United States District Court for the District of South Carolina, and you consent to exclusive personal jurisdiction and venue in such courts.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Legal Disputes and Arbitration

    YOU AND Floor.com LLC AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

    Any dispute between you and Floor.com LLC, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Floor.com LLC') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advanced written notice of its intent to file for arbitration. Floor.com LLC will provide such notice by e-mail to your e-mail address on file with Floor.com LLC and you must provide such notice by mail or e-mail to Floor.com LLC's general counsel as set forth below:

    Floor.com LLC Copyright Agent
    Attn: Thomas C. Jeter III
    Nosal & Jeter, LLP
    852 Gold Hill Rd., Ste 201
    Fort Mill, SC 29708

    Email: info@nosaljeterlaw.com (please reference "Floor.com LLC DMCA Notice")

    During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference, unless in-person appearances are requested by you or Floor.com LLC and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Floor.com LLC, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Floor.com LLC and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Floor.com LLC nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of South Carolina.

16. Class Action Waiver

    The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis.

17. Third Party Links

    From time to time, a Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Floor.com LLC. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Floor.com LLC. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES USING LINKS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK.

18. Admissibility

    A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Waiver and Severability

    No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

    These Terms and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and Floor.com LLC with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

21. Termination

    You or Floor.com LLC may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Floor.com LLC reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

22. General Information

    The Terms are not assignable, transferable or sublicensable by you except with Floor.com LLC's prior written consent. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Floor.com LLC's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Floor.com LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Floor.com LLC with respect to such use. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

23. Violations

    Please report any violations of these Terms of Use to the system administrator here.

24. Questions?

    If you have questions, comments or complaints about these Terms or the Sites, please contact us here. (please reference "Questions about the Sites").