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Last Updated: January 1, 2021  

By “Opting In” (as such term is defined below), you accept these Terms and Conditions and agree to resolve disputes with Refloor through binding arbitration, and you waive any right to participate in any class action, all as detailed in the “Disputes” sections below.

Definitions

  • Emails “means one or more email(s) to your email address for any purpose, including informational, transactional, marketing, promotional or sales purposes.
  • Opting In” “Opt In” and “Opt-In” (or similar words or phrases) refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more recurring text messages (and participation in a Text Message Service), Outbound Telephone Calls and/or Emails.
  • Refloor” means Refloor LLC, and its respective subsidiaries and affiliates, employees, agents, and representatives.
  • Outbound Telephone Calls” means one or more telephone calls to your telephone number (including, if provided, your wireless phone number) by Refloor to induce the purchase of goods or services.
  • Services” means, collectively, Emails, Outbound Telephone Calls, and the Text Message Service.
  • Text Message Service” means any arrangement or situation in which Refloor sends (or indicates it may send or receives a request that it send) one or more text messages (including recurring text messages).

Opting In

By Opting Into any Text Message Service:

  • You authorize Refloor to use auto-dialer or non-auto-dialer technology to send text messages to the mobile phone number provided by you. You also authorize Refloor to include marketing content in any such messages.
  • You are signing your authorization to Opt Into the Text Message Service.
  • You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • You acknowledge that by texting Refloor you are joining Refloor Alerts, message frequency varies, but averages 4 messages per month during installation, and message & data rates may apply.
  •  We are not liable for delayed or undelivered messages. Please note, however, that the supporting mobile carriers may change without notice, and the Text Message Service you join, including those operated through a different number, may be limited to specific carriers.

By Opting In to receive Outbound Telephone Calls:

  • You authorize Refloor to use auto-dialers and/or general telemarketing practices to call the telephone number (including, if provided, your wireless phone number) provided by you with your Opt In. You also authorize Refloor to call you regarding transactional, informational, marketing, promotional or sales related matters.
  • You are signing your authorization to Opt In to receive Outbound Telephone Calls.
  • You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

By Opting In to receive Emails:

  • You authorize Refloor to generate, whether automatically, manually, individually, or as part of a mass email campaign, and send Emails to your email address provided by you with your authorization to Opt In (i.e., the email address listed on the Opt In form or instructions, or, if none, the email address from which you send the Opt In, or if none, the email address on file for the account associated with your Opt In). You also authorize Refloor to send marketing, promotional and sale related Emails.
  • You are signing your authorization to Opt In to receive Emails.
  • You confirm you are the owner of the email account and address or that you are the customary and authorized user of such email account and address.

Opting In to any of the Services is not a condition to the purchase of any products or services. Further, in connection with all Services, you consent to the use of an electronic record to document your Opt In authorization. To withdraw that consent, request a free paper or email of the Opt In authorization, or to update our records with your contact information, please call 844-REFLOOR. To view and retain an electronic copy of these Terms and Conditions, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of any of the Services.

About the Services and Opting Out

  • Emails – Refloor reserves the right to stop sending Emails at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or unsubscribe to Emails, please click the “unsubscribe” link (or similar link, such as “Click Here”) on the bottom of an Email to unsubscribe to Emails. Your request to opt out of or unsubscribe to Emails may generate either a confirmation or a request to clarify the Emails to which your request may apply (if you are receiving more than one type of Email). To complete your request, please provide the requested clarification. In certain instances, you will not be able to opt out of or unsubscribe from transactional related Emails.
  • Outbound Telephone Calls – Refloor reserves the right to stop initiating Outbound Telephone Calls at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or revoke your consent to receiving Outbound Telephone Calls, please call 844-REFLOOR, or, if you are on the telephone with a Refloor representative, please notify the Refloor representative that you wish to opt out or revoke your consent.
  • Text Message Service – Refloor reserves the right to stop initiating any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but in any event these Terms and Conditions will still apply. Message and data rates apply. Unless otherwise noted, Text Message Service sends automated multiple, recurring messages. To opt out text STOP to (231) 442-2402

Further, with respect to all of the Services, you consent to the handling of your information as described in the Refloor Privacy Policy. To contact Refloor customer service, please call 844-REFLOOR or email [email protected]

Disputes

Any dispute or claim arising out of or relating in any way to the Services will be resolved exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on us at Refloor, LLC, Attn: Legal Department, 26475 American Drive, Southfield MI 48034. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those AAA fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable under applicable law. This means that any claim would be decided by a judge, not a jury.

Applicable Law

THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST REFLOOR ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SERVICES.

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