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TERMS OF USE

Last updated: November 03, 2023

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE. 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

For the purposes of these Terms and Conditions:

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • “Country” refers to: United States
  • “Company “(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Refloor, 1960 Research Drive, Suite 300, Troy MI 48083.
  • “Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • “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”, “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).
  • “Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
  • “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
  • “Service” refers to the Website.
  • “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
  • “Website” refers to Refloor, accessible from Refloor.com
  • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

OPTING IN

By Opting Into any Text Message Service:

  • You authorize Refloor to use auto dialer and/or non-auto dialer technology to send text messages to verify your contact information, provide information about your account and/or purchases, and/or advertise products or services to the phone number provided, including your wireless number if provided, even if your number is currently listed on any state, federal, or internal Do Not Call list. I understand this consent is not a condition of purchase. I understand that I may revoke this consent at any time by contacting Refloor at [email protected].
  • 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.
  • 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 dialer and/or non-auto dialer technology and/or prerecorded messages to call to verify your contact information, provide information about your account and/or purchases, and/or advertise products or services to the phone number provided, including your wireless number if provided, even if your number is currently listed on any state, federal, or internal Do Not Call list. I understand this consent is not a condition of purchase. I understand that I may revoke this consent at any time by contacting Refloor at [email protected].
  • 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 send email messages, whether automatic, manual, individual or as part of a mass email campaign to verify your contact information, provide information about your account and/or purchases, and/or advertise products or services to the email address from which you sent your opt in form, and/or the email address on file for the account associated with your opt in. I understand this consent is not a condition of purchase. I understand that I may revoke this consent at any time by contacting Refloor at [email protected].
  • 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 into 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. You may revoke this consent at any time by contacting Refloor at [email protected]. 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. You may revoke this consent at any time by contacting Refloor at [email protected], 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 (248)372-9181.

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, please call 844-REFLOOR or email [email protected]

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Gift Card Promotions

Consumer Disclosure/Award Rules: Participants who attend an estimated 60-minute in-home product consultation and receive an estimate may receive a $50 Amazon gift card. Retail value is $50. Offer sponsored by Refloor. Limit one per household. Company procures, sells, and installs hard surface flooring. This offer is valid for homeowners over 18 years of age. If married or involved with a life partner, both cohabitating persons must attend and complete presentation together. Participants must have a photo ID, be able to understand English, and be legally able to enter into a contract. The following persons are not eligible for this offer: previous participants in a Company in-home consultation within the past 12 months and all current and former Company customers. Gift may not be extended, transferred, or substituted except that Company may substitute a gift of equal or greater value if it deems it necessary. Gift card will be sent electronically to the participant via email within 5 days of completion of the in-home consultation. Not valid in conjunction with any other promotion or discount of any kind. Offer is subject to change without notice prior to reservation.

INTELLECTUAL PROPERTY

The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

YOUR FEEDBACK TO US

You assign all rights, title, and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback without restriction.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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 claim 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, 1960 Research Drive, Suite 300, Troy MI 48083. 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.

United states legal compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us: 

By phone at 844-733-5667

By mail at 1960 Research Drive, Suite 300, Troy MI 48083.

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