Terms and Conditions

WEBSITE TERMS OF USE

I. Acceptance of Terms
These Terms of Use (the “Terms”) govern your access to and use of the Floor Coverings of Myrtle Beach website (the “Website”) and any services made available through the Website (collectively, the “Services”). Please read these Terms and our Privacy Policy(ies) carefully before using the Website.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION
These Terms contain a mandatory arbitration agreement. This means that, except as expressly provided in these Terms, you and Floor Coverings of Myrtle Beach agree to resolve any dispute through final and binding individual arbitration, rather than in court. This also means you are waiving the right to a jury trial and the right to participate in class actions or other collective or representative proceedings.

You will be bound by the arbitration agreement unless you opt out by following the opt-out procedures described below. By using the Services or otherwise accepting these Terms, you acknowledge that you have read and understand the arbitration agreement and have had the opportunity to consider the consequences of this decision.

 II. Intellectual Property Rights
All information, text, photographs, graphics, images, videos, logos, data, software, and other materials made available through the Services, including Floor Coverings of Myrtle Beach trademarks, service marks, and copyrighted works (collectively, the “Content”), are owned by or licensed to Floor Coverings of Myrtle Beach.

Unless you have our prior express written consent, you may not use, copy, reproduce, modify, publish, broadcast, distribute, upload, post, transmit, or otherwise share any Content.

Floor Coverings of Myrtle Beach expressly reserves all right, title, and interest in and to the Content and all related intellectual property rights. Nothing on the Website grants, or should be interpreted as granting, any license or right to use the Content for any purpose without our prior express written consent.

III. Prohibited Uses
You may use the Services only for lawful purposes and in compliance with these Terms. You agree not to use the Services:
(a) to violate any applicable law, rule, or regulation;
(b) to infringe, misappropriate, or otherwise violate the rights of any third party, including intellectual property, privacy, and contractual rights;
(c) for any unlawful purpose or any purpose prohibited by these Terms;
(d) to cause harm to, or damage the rights or property of, any person or entity;
(e) to interfere with, disrupt, or impair the proper operation, security, or availability of the Services; or
(f) to upload, post, transmit, or otherwise make available any material that violates any law, infringes any third-party rights, or is defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, as determined by Floor Coverings of Myrtle Beach in its sole discretion. 

IV. Third Party Websites
The Services may contain links to third-party websites or resources. These links are provided for convenience only. Floor Coverings of Myrtle Beach does not control, and is not responsible for, any third-party websites or resources, and such third parties are not subject to Floor Coverings of Myrtle Beach’s Privacy Policy(ies).

We encourage you to review the privacy policies and terms of use of any third-party website you visit to understand how your information may be collected, used, and shared.

V. Privacy Policies
All information we collect through the Services is governed by our Privacy Policy(ies). By accessing or using the Services, you consent to the collection, use, and sharing of your information by Floor Coverings of Myrtle Beach as described in, and in compliance with, our Privacy Policy(ies).

For more information about our information practices, please review our Privacy Policy(ies), which are incorporated into these Terms by reference.

VI. Disclaimers
The materials and Services provided on the Website are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Floor Coverings of Myrtle Beach does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of the Website or any Content, or the results that may be obtained from use of the Website or Content.

Any material accessed, viewed, downloaded, or otherwise obtained through the Website is obtained at your own discretion and risk. You are solely responsible for any damage to your computer system or other device, or any loss of data, that results from accessing, downloading, or using any such material.

Information published on this Website may refer to products, programs, or services that are not available in your jurisdiction.

VII. Limitation of Liability

IN NO EVENT WILL FLOOR COVERINGS OF MYRTLE BEACH BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, OR DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR ANY MATERIALS, INFORMATION, OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, FLOOR COVERINGS OF MYRTLE BEACH’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, ITS CONTENT, OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW.

With respect to these Terms of Use, any provisions concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

VIII. Governing Law and Jurisdiction 

These Terms and the Privacy Policy(ies) will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.

Any action arising out of or relating to these Terms or the Services must be commenced and litigated exclusively in the Commonwealth of Pennsylvania, in the Court of Common Pleas of Montgomery County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania.

 IX. Termination

Floor Coverings of Myrtle Beach may, in its sole discretion, suspend, restrict, or terminate your access to or use of the Services at any time and for any reason, including if Floor Coverings of Myrtle Beach believes you have violated these Terms or acted inconsistently with them.

X. Waiver 

Upon any termination, discontinuation, or cancellation of the Services, the following provisions will survive: Sections II, IV, VIII, IX, and X.

 No failure or delay by Floor Coverings of Myrtle Beach in enforcing any provision of these Terms will operate as a waiver of that provision or of any other rights or remedies under these Terms. 

XI. Severability

Except as specifically provided in Section II ("Class Action Waiver"), if any provision of these Terms, or any portion of a provision, is held to be unlawful or unenforceable for any reason, that provision (or portion) will be severed from these Terms and the remaining provisions will remain in full force and effect.

Any such severance will not affect (a) the remainder of the arbitration agreement, or (b) either party’s ability to compel arbitration of any remaining claims on an individual basis under the arbitration agreement.

If, as a result, any claim must proceed on a class, collective, consolidated, or representative basis, that claim must be brought in a civil court of competent jurisdiction (and not in arbitration). The parties further agree that any litigation of such claim(s) will be stayed pending the outcome of any individual claims in arbitration.

XII. Indemnification

You agree to defend, indemnify, and hold harmless Floor Coverings of Myrtle Beach and its current and former officers, employees, shareholders, members, directors, franchisees, agents, servants, representatives, parent companies, affiliates, successors, and assigns from and against any and all actual or threatened claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal and accounting fees) arising out of or relating to, or alleged to arise out of or relate to, your use of the Website in any manner that violates (or is alleged to violate) any applicable law or these Terms.

XIII. Delays and Accessibility

The Services may be subject to limitations, delays, interruptions, failures, or other problems inherent in the use of the Internet and electronic communications.

From time to time, Floor Coverings of Myrtle Beach may restrict access to all or part of the Services.

Floor Coverings of Myrtle Beach will not be liable if, for any reason, the Services are unavailable at any time or for any period.

XIV. Changes to Terms 

From time to time, Floor Coverings of Myrtle Beach may revise or update these Terms in its sole discretion, including to reflect new technologies, industry practices, legal or regulatory requirements, or other operational reasons.

You are responsible for reviewing these Terms periodically. Your continued access to or use of the Services after any changes become effective will be deemed your acceptance of the revised Terms.

XV. Changes to Website

 Floor Coverings of Myrtle Beach may update or change the content on the Website from time to time. However, the Website content may not always be complete, accurate, or current.

Materials and Services made available on the Website may become outdated. Floor Coverings of Myrtle Beach makes no obligation or commitment to update any such materials or Services.

XVI. Entire Agreement
These Terms and the Privacy Policy(ies) constitute the entire, integrated, and exclusive agreement between you and Floor Coverings of Myrtle Beach regarding the Services, and they supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Services. 

X. Comments and Questions (Rewritten—legal-formal)
If you have any comments or questions regarding these Terms, please contact Floor Coverings of Myrtle Beach at yong.crosby@fcifloors.com.