TERMS AND CONDITIONS OF THE RECLAIMED FLOORING COMPANY LLC (these “Terms and Conditions”)
BUSINESS TO BUSINESS & RECLAIMED FLOORING COMPANY LLC TO VENDOR OR SALES PERSON
Please read the following Terms of Use before using the The Reclaimed Flooring Company LLC web site. By accessing and using the site, You acknowledge that You have read, understood, and agree to comply with these terms and conditions and that You will not do anything to interfere with the features and functionality of this web site. If You do not understand or agree to these terms, You should not use this website.
The Reclaimed Flooring Company LLC may change or add to these Terms of Use at any time. You should visit this page prior to each use of this web site to review the then current Terms of Use. Your continued use of this web site means that You accept the terms and conditions stated at the time of Your use.
Agreement
The terms of this Agreement apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time. These Terms and Conditions apply to all Products and Services.
Save as expressly provided in this Agreement, this Agreement shall operate to the entire exclusion of any other agreement, understanding or arrangement of any kind between the Parties preceding the date of this Agreement and in any way relating to the subject matter of this Agreement and to the exclusion of any representations not expressly stated in this Agreement except for any fraudulent misrepresentations or any misrepresentation as to a fundamental matter. Each of the Parties acknowledges that it has not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.
This Agreement constitutes the whole agreement and understanding of the Parties as to the subject matter of this Agreement and there are no provisions, terms, conditions or obligations, whether oral or written, express or implied, other than those contained or referred to in this Agreement.
Permitted Use
You may electronically copy, duplicate and print portions of this website as long as You retain all copyright, trademark or other proprietary notices along with the material. Any other use of this Site or its content requires our express written permission.
Trademarks and Copyright
All content contained in this web site, including but not limited to text, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, or graphics is protected by copyright, trademark, patent or other proprietary rights and laws. It is owned by The Reclaimed Flooring Company LLC, or The Reclaimed Flooring Company LLC has the legal right to use it. © 2016, All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without our prior written permission. The use of our trademarks on any other web site is prohibited. Use of our marks as a “link” on or from any other web site is expressly prohibited by The Reclaimed Flooring Company LLC unless prior written permission is obtained.
Links
This website may contain links to third party sites. Access to any other Internet site linked to this web site is at Your own risk and The Reclaimed Flooring Company LLC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites and does not warrant that these sites do not contain viruses or other features that may harm Your computer. The Reclaimed Flooring Company LLC provides these sites links as a convenience and does not endorse the companies or contents of any of these linked sites.
Privacy
The Reclaimed Flooring Company LLC collects information about the users of this web site. Collection of this information is governed by The Reclaimed Flooring Company LLC’s Online Privacy Policy
Disclaimer of Warranties
The Reclaimed Flooring Company LLC makes no warranty that this web site will meet Your requirements or that it will be uninterrupted, timely, secure or error free; nor does The Reclaimed Flooring Company LLC make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, The Reclaimed Flooring Company LLC PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS The Reclaimed Flooring Company LLC PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, The Reclaimed Flooring Company LLC DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF TE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL The Reclaimed Flooring Company LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF The Reclaimed Flooring Company LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WHILE The Reclaimed Flooring Company LLC MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE, The Reclaimed Flooring Company LLC ASSUMES NO RESPONSIBLITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. The Reclaimed Flooring Company LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF The Reclaimed Flooring Company LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree, at Your own expense, to indemnify, defend and hold harmless The Reclaimed Flooring Company LLC, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of Your violation of these Terms of Use or in connection with Your use of this web site, its Content, features or funactionality.
Termination of Use
The Reclaimed Flooring Company LLC may discontinue, suspend or modify this web site at any time without notice, and Reclaimed Flooring Company LLC may block, terminate or suspend Your access to the System at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any Content appearing on or available through this Web Site.
You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, You are not a Denied Party listed on the U.S. Denied Persons List, You are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Governing Law
This Agreement and the relationship between You and The Reclaimed Flooring Company LLC shall be governed by and construed in accordance with the laws of the California without regard to any principals governing conflicts of law that might cause the laws of another jurisdiction to apply. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a California court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
The Reclaimed Flooring Company LLC cannot be held responsible for site conditions. Flooring formats, such as plywood based engineered wood flooring, are particularly susceptible to showing movement such as edge/end shrinking and face checking from relative humidity below the stated minimums on site and/or tip-raising and subsequent end-shrinking if installed over a wet subfloor.
FITTING
For best results, we suggest using a National Wood Flooring Association-certified professional installer. The Reclaimed Flooring Company LLC Hardwood Floors MUST be installed according to the National Wood
Flooring Association’s (NWFA) installation guidelines in order for the The Reclaimed Flooring Company LLC Hardwood Floors Warranty to be valid.
The most current publication of the NWFA guidelines is available to all NWFA members and can be found at www.nwfa.org.
You can also search your area for an active NWFA Certified Professional Installer on NWFA’s website.
Due to the natural materials and unique finishing processes, All wood flooring wood products may experience tonal
and colour variation between planks depending on time in or out of their original packaging and conditions such as weather, temperature, location, moisture levels or proper maintenance and installation. To avoid dramatic variation mainly caused by ageing, it is recommended installation be completed from the same lot.