Welcome to www.clingtiles.com. The www.clingtiles.com website is made of various web pages operated by OneFlor USA, LLC. www.clingtiles.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.clingtiles.com constitutes your agreement to all such Terms. Please read these terms carefully and feel free to keep a copy of them for your reference if desired.
Privacy
Your use of www.clingtiles.com is subject to OneFlor USA, LLC’s Privacy Policy, which also governs the Site and informs users of our data collection practices which is noted below.
Children Under Thirteen
OneFlor USA, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.clingtiles.com only with permission of a parent or guardian.
Electronic Communications
Visiting www.clingtiles.com or sending emails or a request for a quote to OneFlor USA, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites / Third Party Services
www.clingtiles.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OneFlor USA, LLC and OneFlor USA, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OneFlor USA, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OneFlor USA, LLC of the site or any association with its operators.
Certain services made available via www.clingtiles.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.clingtiles.com domain, you hereby acknowledge and consent that OneFlor USA, LLC may share such information and data with any third party with whom OneFlor USA, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.clingtiles.com users and customers.
Intellectual Property
All content included as part of the Service is the property of OneFlor USA, LLC or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OneFlor USA, LLC and the copyright owner.
Indemnification
You agree to indemnify, defend and hold harmless OneFlor USA, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OneFlor USA, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OneFlor USA, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. OneFlor USA, LLC and/or its suppliers may make improvements and/or changes in the site at any time.
OneFlor USA, LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. OneFlor USA, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall OneFlor USA, LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination / Access Restriction
OneFlor USA, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneFlor USA, LLC as a result of this agreement or use of the Site. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OneFlor USA, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OneFlor USA, LLC with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
OneFlor USA, LLC reserves the right, in its sole discretion, to change the Terms under which www.clingtiles.com is offered. The most current version of the Terms will supersede all previous versions. OneFlor USA, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
OneFlor USA, LLC welcomes your questions or comments regarding the Terms.
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Effective as of April 27, 2023.