Your purchase is subject to Flooring America/Flooring Canada's normal terms and conditions of sale which are shown below for your reference. Please read them carefully.
Price Protection Guarantee
Our buying power allows us to buy big and pass volume-purchase savings directly on to you. We feel confident that our prices are the most competitive in the market and assure you that you will not find a lower price at any other floor covering retailer in your area. However, if within 30 days of making your purchase, you should happen to find a lower Flooring America®/Flooring Canada® first quality product of the same brand and styles as the flooring you purchased, we will happily refund your money. It's our Price Protection Guarantee, and it's simple. Just present your retailer with the competitor's advertisement or written estimate for the same floor, and you take home the difference in price! Price Protection applies to materials only.
Price Protection Guarantee applies only to local retail store pricing and/or purchases. Online retailers and wholesalers are excluded. "Local retail store" is defined as a permanent building/structure containing outdoor signage with store name, street address, customer parking, and phone contact information listed in a public phone directory.
Lifetime Installation Warranty
Your retailer guarantees the quality of workmanship to be professional and in keeping with industry standards. Should installation service be required attributable to the original installation of your flooring during the life of the manufacturer's wear warranty (which varies) from the time your flooring was installed, present your sales receipt, and the store where you made your purchase will return and provide that service at no cost to you. This warranty is valid only for original owner-occupied residential installation by your store and will be invalidated if problem is due to improper maintenance or cleaning, abuse, excessive moisture, vandalism, or alteration.
The following additional conditions are not considered installation-related problems and are not covered beyond this limited-installation warranty:
Carpet: visible seams normally required for installation.
Tile flooring: tile and grout cracking due to subfloor deflection or foundation settling.
Hardwood flooring: gapping between boards and moisture-related issues.
Laminate flooring: moisture-related issues.
Vinyl flooring: visible seams normally required for installation.
Satisfaction assurance replacement warranty
All our floors carry a 30-day replacement warranty. If at any time during the first 30 days after your flooring is installed you wish to change your new flooring for any reason (other than as expressly provided below), present your sales receipt, and the store where you made your purchase will replace it with another style or color of flooring of equal value. Should you wish to replace the flooring with a flooring upgrade, you may do so by paying the difference in price. No monetary compensation will be paid if a floor of lower price is selected. This is a one time replacement only and does not include replacement of cushion or reinstallation charges. Simply call your retailer within 30 days of installation and indicate that you wish to choose another floor under the replacement warranty, and provide your sales receipt. This is a replacement warranty and does not apply to matters covered by other warranties. Any replacement product cannot be the same style and color as the original purchase. Replacement quantity must be the same as the original purchase. This warranty is valid only for original owner-occupied residential installations. No replacements will be made with respect to flooring that has been glued down, subject to abuse, vandalism, alteration or damage caused by smoke, fire, flood, wind, lightning, or any disaster. This warranty applies only to the original purchaser of flooring that has been professionally installed by your retailer. Customer is responsible for all labor and reinstallation charges of all materials, including, but not limited to, flooring, walls, and countertops.
Material Amounts
A 2% variance on material widths is within mill tolerances and is agreed to be acceptable within the industry limits. The amount of materials sold is compatible to measurement of floor covering and the material dimensions. Material overage of approximately 10% is required in order to cut, seam, and trim materials. In some instances the amount of padding or underlayment installed may be less. The seller has taken this variation into full account in establishing pricing. Installation charges are based on the amount of material needed and not on the installed amount.
Product Color
Color match to samples will vary from dye lot to dye lot. Buyer agrees to accept color variances that fall within industry-established ranges. Shading, pooling, water marking, shedding, fluffing or pile crushing do not constitute manufacturing defects. These are inherent characteristics of all pile fabrics. Missing tufts in looped carpet is not a defect and can be remedied by reinserting missing tufts by a qualified technician. Hardwood, cork, and bamboo are natural materials that will have color variations such as variations from heartwood to sapwood, mineral streaks, and variations in the grain. Temperature and humidity must be maintained within manufacturers' recommendations to avoid excessive expansion and contraction.
Despite every effort to accurately duplicate each product's color when shown on our website, actual colors may vary. Due to monitor and resolutions settings, subtle variations in color and surface texture may not be fully revealed when viewing products on our website. We make every attempt to give you a good representation of the available colors for each product available in our stores. For an accurate representation of what a product will look like, we recommend that you view the sample of the product in a store. Product and color availability varies by store.
Pricing and Product Availability
We make every attempt to maintain the lowest prices on the items we offer, but price changes do occur, sometimes overnight. As a result, prices shown on this site are subject to change until you have actually placed your order and it has been confirmed with the store. Prices shown are for product cost only and where applicable for estimated installation costs to install that product. Not all products available in all stores. We expressly reserve the right not to accept your order in the case of a pricing error or other technical issues.
Coupons and discounts: coupons must be presented at the beginning of the sales process. Not valid with any other coupons, discounts or on items that are on sale or clearance. Cushion, labor and installation are excluded; coupon applies to product material only. Coupons cannot be used on prior orders. Coupon discounts are available at participating Flooring America/Flooring Canada's stores only. Not all stores honor coupons available on this website. All coupon and sale offers are for retail sales only, no commercial or contractor sales.
Mechanic's liens: failure of this contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanic's lien on the property, which is the subject of this contract pursuant to law. To avoid this result you may ask this contractor for "lien waivers" from all persons supplying material or services for the work described in this contract upon completion of project.
In the event of default by the customer under any of the terms and provisions hereof, and should the seller employ an attorney to enforce any provision hereof, or to collect damages for breach of this contract, the customer shall pay to the seller such reasonable attorney's fees as may be expended with respect thereto. In addition, should buyer breach this agreement, the seller may charge and collect a restocking fee. Such remedy shall be in addition to all other remedies available to seller. Buyer and seller agree that this contract is the complete agreement between the parties and that everything the buyer expects the seller to perform is written hereon; buyer and seller also agree that this contract can be modified only in writing, with the consent of both parties. This contract shall be governed by the uniform commercial code as adopted in the state of sale. In the event of a conflict between a term herein and the uniform commercial code, the term herein will control.
Installation Information
Your Flooring America/Flooring Canada retailer will provide a proposal outlining the costs involved to install your new flooring. This proposal will indicate what the installation services will include. Any additional work not outlined in this proposal may incur additional charges for installation services. Installation of flooring requires preparation of the subfloor. The costs for this subfloor preparation are not included in the installation cost estimates shown on this site because these costs can only be determined upon site inspection. Additional labor and materials may be required in order to remove prepare a subfloor for new flooring installation. The final installation labor quote will be submitted for your approval prior to processing your order.
We take Your privacy seriously and want Your experience with Flooring America/Flooring Canada to be both satisfying and safe. In this Policy, the site is referred to as the “Site” and the “Service,” which are provided by “Us,” “Our,” and “We,” to which You subscribe upon Your agreeing to the Terms of Service and End User License Agreement. This Policy sets forth the steps We take to accomplish this result, and We urge You to read it carefully.
1. What this Policy Covers. In order for Us to properly and efficiently provide Our products and services to You, it may be necessary from time to time for Us to collect information about You or the equipment or methods You use to visit the Site, or while visiting the site. Although We need this information to better serve You, We understand Your concerns about how this information is used. Accordingly, this Policy explains how We use, and more importantly will NOT use, any personally identifiable information We collect when You visit or utilize the Site. This Policy also covers Our treatment of any personally identifiable information that Our business partners share with Us or that We may collect on or from a business partner’s site.
2. What this Policy Does Not Cover. This Policy does not apply to the practices of companies We do not own or control or to people We do not employ or manage. This Policy only addresses the use and disclosure of information We collect from You. To the extent that You disclose any of Your information to any other person or entity, different rules may apply to their use or disclosure of the information You disclose to them. It is important that You understand that We may not, and probably do not, control any Website which You may visit through a “link” from the Site, and such other Websites may have their own privacy policies that may differ substantially from ours. Also, any third party advertisers who advertise on the Site or through the Site may also adhere to their own privacy policies, which may also be different from ours. When visiting advertisers or any other Website or business You reach by “clicking” on a link on the Site, You are subject to the privacy policies of that third party. We encourage You to ask questions before You disclose Your personal information to others. Unless otherwise notified, We will not collect personal health information from You. If in the future We do collect such personal health information, We will do so in compliance with Our Personal Health Information Policy, a copy of which will be made available to You.
3. Information Collection and Usage by Us. Our primary goal in collecting personal information is to provide You with a smooth, efficient, and customized experience on the Site and throughout Our business. We use information collected for the purpose of completing transactions, delivering products, and addressing customer service issues. Any Credit Card Transactions with this Site are handled by third-party financial institutions and their vendors which receive the credit card number and other personal information only to verify the credit card numbers and process transactions. Online payment transactions are handled by an independent third party that receives the account number and other personal information only to verify the account number, the existence of funds, and process the transaction. The information collected and handled by them is subject to their privacy policies, which You should review.
We will not knowingly transfer Your personal information to another party except as disclosed in this Policy. In most instances, You may have the option to withhold certain requested information; however if You choose to withhold or not provide requested information, We may not be able to provide You with the services or products You request. In general, Our service automatically gathers certain usage information like the numbers and frequency of visitors to the Site. We only use such data in the aggregate. This collective data helps Us determine how much Our customers use parts of the Site, so We can improve the Site. We may also track certain information about Your behavior on the Site. We use this information to do internal research on Our users’ demographics, interests, and behavior to better understand and serve You and Our community. This information may include the URL that You came from (whether this URL is on Our site or not), which URL You next go to (whether this URL is on Our site or not), what browser You are using, and Your IP address.
We use information in the file We maintain about You, and other information We obtain from Your current and past activities on the Site, to resolve disputes, troubleshoot problems, or to enforce Our Terms of Service and End User License Agreement (“TOS”).
4. Cookies. A cookie is information stored directly on the computer You are using, that interacts with the Site when You visit, to assist Us in providing customized services. We use cookies for a variety of purposes, such as: (i) to display information more effectively to Our users, (ii) to help Us provide information which is targeted to Your interest, and (iii) to allow You to enter Your password less frequently during a session. Any time a cookie is used, personal information is encrypted for Our use only and is protected from third-party access. Additionally, You may encounter “cookies” or other similar devices on certain pages of the Site that are placed by third parties. We do not control the use of cookies by third parties, and their use of their cookies is subject to their privacy practices and not ours. When You visit the Site, We automatically receive the URL of the site from which You came and the site to which You are going when you leave the Site. We also receive the Internet protocol address of Your computer, Your computer operating system and type of Web browser You are using, as Well as the name of Your ISP. This information is used to analyze overall trends to help Us improve the Site.
5. Disclosure of Your Personal Information. We share data, which is collected from newsletters and previous customers, with third party services for Our advertising purposes. We may sell or rent certain personally identifiable information about you to third parties with which We have advertising and name-sharing agreements. However, you may opt out of these arrangements by clicking on the relevant opt-out indicators on Our site. We may disclose personally identifiable information about You to other companies or people when: (i) You give Us Your consent to share the information; (ii) We need to share Your information to provide the product or service You have requested; (iii) We need to send the information to persons or companies who work on Our behalf to provide a product or service to You; (iv) if We are required to do so by applicable law as described more fully below; or (v) when We determine You have violated the TOS. It is Our policy to cooperate with all law enforcement inquiries, as Well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We may disclose (and You authorize Us to disclose) any information about You to law enforcement in response to subpoenas or court orders, or other government officials or agencies as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is a violation or potential violation of law or may expose Us or You to legal liability.
Due to the possibility of requirements from existing or future regulatory authorities or due to the current or future state of technology, We cannot ensure that all of Your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Policy. For purposes of illustration only, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse Your information that they collect from the Site. Therefore, although We use industry standard practices to attempt to achieve the stated goals of Our privacy policies, as a matter of practicality We cannot and We do not promise, and You should not expect, that Your personally identifiable information or private communications will always remain private.
6. Service Providers.
A) External Providers. We may, for Your convenience, provide some of Your personally identifiable information to an external service provider. However, before We disclose Your personally identifiable information to an external service provider, You will see what data is about to be sent and have the ability to approve the disclosure. To prevent Our disclosure of Your personally identifiable information to an external service provider, You can decline such disclosures or simply not use their services.
B) Internal Providers. We may use internal service providers to facilitate Our services (e.g., discussion boards, surveys, etc). In such event, We may provide some of Your personally identifiable information directly to them, and such internal service providers may collect information directly from You (such as if We ask an internal service provider to conduct a survey for Us and that provider asks You for information while conducting the survey). If We provide any of Your information to an internal service provider, such internal service provider’s use of such information shall be restricted by confidentiality agreements. If You provide additional information to an internal service provider directly, then their use of Your information will be governed by their applicable privacy policy. Personally identifiable information posted by a user to a public section of the Site is not governed by this Policy and We shall not be responsible for any release of such information. Furthermore, We are not responsible for removal of such personally identifiable information from any such public section of the Site.
7. Other Entities. We may share much of Our data, including personally identifiable information about You, with Our subsidiaries, business partners, and Our credit card/debit card processor. To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other users.
8. Advertisers. If We collect from the data We receive personally identifiable information, such information will be disclosed to advertisers and other third parties for other marketing and promotional purposes only in a manner which does not personally identify that information (such as disclosing information in the aggregate, by reference to averages or trends, or by reference to a “user” without providing the personally identifying information for that user). We will not disclose to these entities any information that could be used to identify You personally (for example, Your name, email address, password, credit card number, and bank account number).
9. Identification of User in Site. You will be identified throughout the Site by Your Logon (“User ID”). We suggest for security reasons that You do not use Your e-mail address as Your User ID. Your User ID can be used to identify You and Your activities throughout the Site, and other users may be able to identify You based on User ID items that You have purchased, sold, bid on in the past, requested a bid in the past, any ratings or comments You may provide, any postings You may place on the Site, etc.
10. Control of Your Password. You are responsible for all actions taken with Your User ID and password, including any costs, fees or charges incurred. For this reason, You should not share Your password with anyone else. If You choose to share or disclose Your User ID, password, or Your information with third parties to provide You additional services, You should review that third party’s privacy policy. If You lose control of Your password, You may lose substantial control over Your personally identifiable information and may be subject to legally binding actions taken on Your behalf. NOTE: If Your password has been compromised for any reason, You should promptly e-mail Us at and notify Us that Your password has been compromised.
11. Security. Even though We utilize various security techniques to protect data from unauthorized access by users inside and outside the company, “perfect security” does not exist on the Internet. Please note that e-mail and internet traffic are not secure. To help safeguard Your information, We suggest the following: (i) You do not share Your USER ID or password with anyone; (ii) change Your password regularly; and (iii) remember to sign off once You have submitted an application for a product or service online, or completed an online session.
12. Spam. We do not condone “spam” or unsolicited junk e-mail. We are not responsible for this unfortunate activity, and cannot stop it from occurring when it originates from outside the Site. We will take reasonable action against any person who uses Our email products as the launching pad for spam.
13. Editing Account Information. We will provide You with the ability to access and edit the information that You have provided to Us. To update the information or to deactivate Your account, please email Us. In the event You deactivate Your account, such information will be deactivated as soon as reasonably possible in accordance with Our deactivation policy and applicable law. We may retain in Our files information You have requested to remove from internet access, and may use such information in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce Our TOS. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored “back up” systems. Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your requests.
14. Change of Privacy Policy. We reserve the right to change this Policy from time to time. If We make any changes to this Policy, We will post those changes here so that You will always know what information We gather, how We might use that information and whether We will disclose it to anyone. In addition, We may communicate to You through email on the use of the Site, Your account and other matters.
15. Use of Site. Use of the Site constitutes acceptance of this Policy as it is now written and as it may be modified from time to time and appears on the Site. You specifically agree to check back on the Site from time to time to ensure that You are familiar with this Policy as it may exist from time to time, but also agree that You are bound by such Policy as the same may exist on these pages, whether or not You have actually viewed them in their then-current form.
October 2013
TERMS OF SERVICE
October 2013
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