This website (the "Site") is provided by FLOR. By accessing or using the site or sharing or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice (the "Agreement"). If you do not agree to abide by this Agreement you are not permitted to use the Site, share materials located on the Site with others, or download materials from the Site.
This Agreement requires the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see the “Dispute Resolution” section below for details, including instructions to follow to opt out of binding arbitration and the class action waiver.
LIMITED PERMISSION: Subject to the terms and conditions set forth in this Agreement, FLOR hereby grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. FLOR authorizes you to view and download the information at this Site (“Materials”) only for (1) your personal, non-commercial use or (2) use in conducting business directly with FLOR or one of its affiliated companies. FLOR retains all rights, interest and title in the Materials and copies of the Materials, and any use thereof is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide intellectual property laws and treaty provisions. You agree to comply with all intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except for the limited use described above (which may be revoked at any time without notice), FLOR does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FLOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FLOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FLOR MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THIRD-PARTY SITES: As a convenience to you, FLOR may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures to guard against viruses or other destructive elements. FLOR makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that FLOR or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FLOR or any of its affiliates.
INFORMATION PROVIDED BY YOU: FLOR does not want you to, and you warrant that you will not, provide any proprietary ideas, concepts, or know-how through the Site. You agree that FLOR is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to FLOR, and you hereby grant to FLOR an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such ideas, concepts or know-how. You further recognize that FLOR does not want you to, and you warrant that you shall not, provide any information or materials to FLOR that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF LIABILITY: IN NO EVENT SHALL FLOR OR ANY OF ITS AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, OR THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF FLOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOR OR ANY OF ITS AFFILIATES’ AGGREGATE LIABILITY RELATED TO THIS AGREEMENT OR THE SITE EXCEED U.S. $100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOR OR ANY OF ITS AFFILIATES’ AGGREGATE LIABILITY RELATED TO THIS AGREEMENT OR THE SITE EXCEED U.S. $100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
INDEMNITY: You agree to indemnify, defend, and hold FLOR (and its affiliates, employees, contractors, agents, suppliers, and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) your access to or use of the Site, (ii) any alleged breach or violation of this Agreement, or (iii) your violation of any law or the rights of a third party. FLOR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FLOR, and you agree to cooperate with FLOR’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Site.
CHANGES: FLOR reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when such change is posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.
FLOR may terminate, change, suspend or discontinue any aspect of the FLOR Site, including the availability of any features of the Site, at any time. FLOR may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. FLOR may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
STATEMENT ON COLORS: Actual product colors may vary from colors shown on your monitor. Colors can be verified by ordering a sample from our site. If you have any questions, please send an e-mail to email@example.com.
INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated and administered by FLOR from its offices within the United States of America. FLOR makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Georgia, USA, without giving effect to its conflict of laws provisions.
DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FLOR TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
WAIVER OF CLASS ACTIONS. You and FLOR each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. YOU AND FLOR EACH AGREE THAT YOU AND FLOR ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT YOU AND FLOR MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, THIS AGREEMENT.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this section, you must notify FLOR in writing within thirty (30) days of the date that you first accept this Agreement (unless a longer period is required by applicable law). You must mail your written notification to FLOR, Attention: Legal Department to 1280 West Peachtree St NW, Atlanta, GA 30309, United States and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred. For purposes of any Claim that is not subject to the arbitration procedures in this section, you and FLOR both agree to the governing law and jurisdiction as set out in the “International Users and Choice of Law” section above.
SCOPE OF AGREEMENT AND LIMITATION OF ACTIONS: This Agreement constitutes the entire agreement between FLOR and you with respect to your access to and use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.