Terms of Use

Last Updated: September 2023

FloorBox, together with its subsidiaries and affiliates, including FloorBox Inc. ("FloorBox", "we", "us", or "our"), provides website features and various products and services when you visit or shop at our collection of websites (including mobile websites) and our mobile applications, or use our software in conjunction with any of these, all of which are subject to your adherence to these Terms of Use. Our collection of websites and applications includes FloorBox.us and the FloorBox mobile application, as well as our other U.S. websites and mobile applications.

CAREFULLY REVIEW THESE TERMS OF USE PRIOR TO ACCESSING THE SITES. These Terms of Use establish a legally binding contract between FLOORBOX and you. It is recommended that you keep a printed copy of these Terms of Use for your personal records. By utilizing the Sites, you affirm that you possess the legal ability to accept and abide by these Terms of Use. If you disagree with these Terms of Use or lack the legal capacity to agree to them, you are not permitted to access the Sites.

IMPORTANT, be aware that these Terms of Use include provisions addressing the settlement of disputes between FLOORBOX and you, encompassing an arbitration agreement, a class action waiver, and a jury trial waiver that affect your rights. Within arbitration, there is no judge or jury, and the extent of discovery and appellate review is more restricted compared to court proceedings. For comprehensive information and careful evaluation, please consult the Legal Disputes section. If you wish to opt out of those waivers and arbitration requirements, you must follow the opt-out procedure outlined in the Legal Disputes section below within 45 days after placing your first order with FLOORBOX.

FLOORBOX reserves the right to terminate, suspend, or restrict access to its services or website at its discretion and for any reason, or none at all, including for violation of these Terms or its other policies.

Privacy & Security

    We encourage you to examine our Privacy Policy, which is incorporated into these Terms of Use and directs your usage of the Sites. Should there be any discrepancy between the Privacy Policy's provisions and these Terms of Use, the Terms of Use will take precedence.
    At FLOORBOX, the security of information is of utmost importance. We have established suitable physical, electronic, and managerial procedures to ensure the protection of the information we gather from or about our users. Nevertheless, FLOORBOX retains the right to reveal any information it deems essential for complying with any relevant law, regulation, legal procedure, or governmental request at any given moment.
    FLOORBOX TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF YOURS IS NOT DISCLOSURED. FLOORBOX CANNONT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION PROVIDED YOU WILL NOT BE MISSAPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD FLOORBOX LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISSAPROPRIATION, INTERCEPTION, DELETION, DESCTRUCTION OR USE OF INFORMATION PROVIDED THROUGH FLOORBOX.
    For additional information, please click here

Modifications

    FLOORBOX reserves the right to amend these Terms of Use, our Privacy Policy, and/or the Sites at any time. Nonetheless, such modifications will not apply retroactively to claims for which you or FLOORBOX have already given notice. Your continued usage of the Sites after any such modification indicates your acceptance of and agreement to comply with the updated Terms of Use and/or Privacy Policy. The revised Terms of Use and/or Privacy Policy replace all previous versions, notices, or statements concerning the Sites. If we require it, you agree to sign a non-electronic version of these Terms of Use.
    We will notify you of any changes to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the beginning of these Terms of Use.

Intellectual Property Rights

    FLOORBOX owns and uses valuable trademarks and service marks on the Websites, including but not limited to, FLOORBOX, the FLOORBOX design logo (collectively referred to as the "FLOORBOX Marks"). Any use of the FLOORBOX Marks without prior written permission from FLOORBOX is strictly forbidden.
    The layout and design of the Websites, which includes, but is not limited to, the FLOORBOX Marks, images, text, graphics, buttons, screenshots, music, digital downloads, and other content or materials (collectively, the "Website Content"), belong exclusively to FLOORBOX.
    UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, CREATING DERIVATIVE WORKS FROM, OR DUPLICATING ALL OR ANY PORTION OF THE WEBSITES IS NOT ALLOWED.
    FLOORBOX collaborates with a variety of independent product suppliers, distributors, and other third parties to deliver some of the products and content displayed on the Websites. All other trademarks, service marks, product names, packaging designs, and company names or logos associated with these product and content suppliers, distributors, and other third parties, which are not owned by us but appear on the Websites, are the property of their respective owners.
    For claims related to copyright infringement, please contact legal@floorbox.us

User Contributed Content

    On occasion, the Sites may enable the submission of content created by you and other users, such as comments, blogs, and product evaluations ("User Content"). You are fully responsible for your User Content and the consequences of posting or publishing it. All User Content or other resources, information, or ideas you provide or post or publish on the Sites are non-confidential and non-proprietary.
    When submitting User Content, you assure and declare to FLOORBOX that: (i) your User Content does not infringe any copyright, trademark, trade secret, patent, or other intellectual property rights, any third-party privacy or publicity rights, or any applicable law, rule, or regulation, (ii) you possess the legal authority to utilize and permit FLOORBOX to use your User Content, including written consent for the use of any product or the name, voice, likeness, or any other relevant personal rights of each identifiable individual featured or mentioned in your User Content, and (iii) your User Content does not contravene FLOORBOX's Acceptable Use Policy as detailed below.
    You will maintain all ownership rights to your User Content between you and FLOORBOX. By submitting User Content to FLOORBOX, you grant FLOORBOX a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, modify, alter, translate, reformat, create derivative works from, publicly display, publicly perform, and otherwise exploit (including but not limited to over the Internet, broadcast television, or any other uses or media) your User Content, in whole or in part, including future rights that FLOORBOX (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, methods, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, view, reproduce, distribute, transmit, forward, display, and perform such User Content in whole or in part, as permitted by the Sites under these Terms of Use.
    FLOORBOX does not endorse any User Content or any opinion, recommendation, or advice expressed therein. FLOORBOX reserves the right, but is not obligated, to monitor User Content or other content sent to or through the Sites. FLOORBOX has the authority to refuse, remove, edit, or delete any User Content and/or terminate any user's access to the Sites for any reason. FLOORBOX is not responsible for User Content.

Social Media

    Tag Usage WHEN USING #FLOORBOX, @FLOORBOX, OR ANY SIMILAR SOCIAL MEDIA TAG IN CONNECTION WITH ANY OF THE SITES, USERS AGREE TO GRANT FLOORBOX AN UNRESTRICTED, NON-REVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY-PAID, TRANSFERABLE, GLOBAL LICENSE TO USE THE UPLOADED IMAGE(S) FOR MARKETING PURPOSES, ON FLOORBOX'S WEBSITES, AND ACROSS ALL SOCIAL MEDIA PLATFORMS. USERS ALSO REPRESENT AND WARRANT THAT THE IMAGES THEY UPLOAD DO NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHTS AND TRADEMARK RIGHTS.

Appropriate Use Policy

    When submitting User Content and accessing the Sites, you agree not to: (i) submit User Content protected by or subject to third-party intellectual property or proprietary rights (including privacy and publicity rights) unless you possess ownership or permission from the rightful owner to post the User Content and grant FLOORBOX all rights outlined herein; (ii) upload, post, email, or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable; (iii) employ the Sites to harm any individual or entity, including FLOORBOX; (iv) impersonate any person or entity, including but not limited to, a representative of FLOORBOX, or falsely claim or misrepresent your affiliation with a person or entity or misrepresent the source, identity, or content of information transmitted to or via the Services, or perform any other fraudulent activity; (v) forge headers or manipulate identifiers to conceal the origin of any content transmitted to or through the Sites; (vi) upload, post, email, or transmit unsolicited or unauthorized advertising, promotional materials, junk mail, or any other form of solicitation; (vii) upload, post, email, or transmit content containing computer viruses or other computer code, files, or programs designed to disrupt, damage, or limit the functionality of the Sites or any other computer software, hardware, or telecommunications equipment; (viii) remove, circumvent, disable, damage, or interfere with security-related features, features that prevent or restrict use or copying of any data, including content accessible through the Service, or features that enforce limitations on the use of the Services or website;
    (ix) knowingly or unknowingly violate any applicable local, state, national, or international laws, rules, or regulations, including but not limited to those issued by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (x) collect, store, or utilize personal information about other users of the Sites without their consent; (xi) use the Sites (including through the submission of User Content) to disparage or make unsubstantiated claims about any person, third party, or its/their products or services; (xii) use any of the Sites in a manner that could overload or impair the Sites or the networks or systems connected to the Sites; and/or (xiii) use any device, software, or instrumentality to interfere with the proper functioning of the Sites or ignore any requirements, procedures, policies, or regulations of networks connected to the Sites; (xiv) (vii) interfere with or damage operation of the Services or website by any means, including disseminating viruses, adware, spyware, worms, or malicious code, or disabling or impairing the Services or website in any way; (xv) rent, lease, loan, sell, resell, sublicense, distribute, or transfer any rights or permissions granted in connection with using the Services or accessing the website; (xvi) ) modify, adapt, translate, or create derivative works based upon the website;
    You further agree not to violate or attempt to breach the security of the Sites. Violations of system or network security may result in civil or criminal liability. FLOORBOX reserves the right to investigate incidents involving such violations and may involve and cooperate with law enforcement authorities in prosecuting users who engage in such violations.

Orders Confirmation

    Receiving an order number or email order confirmation does not imply the acceptance of an order or the confirmation of an offer to sell. FLOORBOX retains the right, without prior notice, to restrict the quantity of any item and/or refuse service to any customer.
    Prior to accepting an order, verification of information may be necessary. Your email order confirmation and invoice will specify the seller(s) responsible for your order.
    Product prices and availability on the Sites are subject to change without prior notice. Discovered errors will be rectified, and FLOORBOX reserves the right to revoke any stated offer and correct any inaccuracies or omissions (even after an order has been placed). FLOORBOX reserves the right, at its sole discretion, to decline or cancel any order for any reason including but not limited to (i) non-availability of products, (ii) unsatisfied payment terms, (iii) product pricing mistakes, (iv) restrictions or interdictions on the products’ sale or use. If You have already paid for the order and FloorBox cancels it, FloorBox will immediately issue a refund of the exact amount remitted for the unaccepted or cancelled order.
    Your account may also be limited or terminated for any reason, at FLOORBOX's sole discretion. Items bought with a quantity discount may be subject to re-pricing upon cancellation.

Order Modifications and Cancellations

    Order Cancellations

    Orders other than Customized Orders and Container Orders may be cancelled before delivery has been confirmed, subject to these Terms of Use. Order Cancellation requests must be sent to customerservice@floorbox.us and received and acknowledged by FloorBox before delivery or pick-up of the order, in accordance with these Terms of Use.
    If the order has been already prepared for pick-up by our supplier at the time the cancellation request is received, Order Cancellation fees may apply.

    Order Modifications

    For orders other than Customized Orders and Container Orders, modifications to an order may be requested so long as You understand that:
    • Your modified order may entail additional charges;
    • Your modified order may result in changes to shipping, handling, and/or delivery costs;
    • Your modified order may produce a delivery delay;
    • You must submit Your request for modification to customerservice@floorbox.us and your modification request must be received and acknowledged by FloorBox before delivery or pick-up of the order, as per these Terms of Use.

Customized Orders

    Some products available from FloorBox may be labelled on the Site as, described on FloorBox’s product quote or invoice as, or otherwise confirmed by FloorBox as a customized product (collectively referred to as “Customized Orders” and or “Special Orders”).
    Unless indicated otherwise in these Terms of Use, Customized Orders cannot be altered, cancelled, or refunded once the order has been confirmed.
    All deliveries of Customized Orders must be accepted within thirty (30) days of FloorBox’s or its agent’s first attempt at delivery (the “First Delivery Attempt”), otherwise storage fees will be applied to your order. If delivery of a Customized Order is not accepted within sixty (60) days of the First Delivery Attempt, the Customized Order will become the property of FloorBox or the supplier and any deposit or payment will be kept by FloorBox.
    Delivery times cannot be guaranteed for Customized Orders. Delivery lead times for Customized Orders are estimations only and may be subject to change.

Container Orders

    Products can be purchased from FloorBox by the container (“ Container Orders”). Container Orders must be placed by contacting FloorBox by phone at 1 (866) 430-3461 (North American customers). Different products and delivery locations require different Container Order lead times, which may vary significantly.
    A minimum of Fifty percent (50%) of a Container Order must be paid to FloorBox as soon as the order is placed (called the “Container Order Deposit”), with the remaining minimum, a fifty percent (50%) due upon delivery. Container Order may be subject to full pre-payment. Container Orders that are also Customized Orders are will require full pre-payment.
    Unless otherwise stipulated in these Terms of Sale, Container Order deliveries must be arranged with a FloorBox representative. Container Order delivery options will vary depending on the kinds of products ordered and the delivery address. All other terms provided in these Terms of Service relating to delivery (including but not limited to the Delivery Cost section) are also applicable on Container Orders.
    You must open a commercial account (“Commercial account opening Form”) with FloorBox and have it approved by the FloorBox credit team prior to placing Your Container Order, otherwise Your Container Order will not be accepted.

Shipping and Delivery Policies

Updated: September 2023

FloorBox offers delivery based on your shipping address. Some restrictions may apply depending on your location, your shipping address, the size and contents of your order and any regulatory restrictions. Shipping is not available to post office boxes.
FloorBox delivery agent(s) will deliver your order to the shipping address provided at time of purchase, which is written on your order’s invoice (referred to as the “Shipping Address”).
  • Delivery Estimates

    • Delivery dates or lead times provided by FloorBox are estimated dates/times only and subject to change. FloorBox cannot guarantee the date or time your order will be delivered.
    • The actual delivery date for your order depends on many factors, including but not limited to the size and contents of your order, the delivery method, and chosen delivery option(s) that were available when your order was processed.
    • You are responsible for all costs related to the shipping and delivery of your order to the Shipping Address.
    • You must provide FloorBox with accurate and complete information to facilitate the delivery of Your order by FloorBox and/or its delivery agents.
    • Additional charges may apply if FloorBox is unable to contact you before the delivery date, or if you are unable or unavailable to accept delivery of your order, or if your order must be redirected at your request.
    • If the quoted shipping rate and/or delivery pricing is incorrect due to typographical error, a mistake in the product’s attributes as described by a supplier, or a pricing error by FloorBox’s delivery agents, FloorBox has the right to refuse, adjust, or cancel the order, even if the order has been confirmed and/or the payment has been received.
    • Despite any conflicting information stated in the Term of Use, the displayed price does not include shipping and handling fees, customs duties, and other applicable taxes on your order.
  • Delivery Time & Costs

    Parcel deliveries – Tools & Accessories
    • Delivery time: Please enter your ZIP code on any product page to obtain estimated times for delivery. Delivery times vary depending on the distance between your location and the warehouse that will ship your specific items.
    • Costs: 9.99$ or FREE for orders over 100$*
    • *Additional charges may apply on some oversized items, if applicable, the cost will be displayed on the product page and in your cart.
    • Pallet deliveries – Flooring & heavy or oversize items
    • Delivery time and costs: Please enter your ZIP code on the product page to display the shipping costs and estimated delivery times for your location. Delivery times and costs vary depending on the distance between your location and the warehouse that will ship your specific items.
  • Scheduled delivery option

    • For home and jobsite deliveries, our standard scheduled delivery service is a curbside delivery. The delivery team will leave the goods in the driveway closest to the first accessible entry to the building or they will be left in the garage if this one is easily accessible from the driveway (delivery inside a garage is at driver’s discretion).
    • Our standard delivery service does not include inside delivery or into a specific room of the house. If you would like to request this service, you must request it at least 24 hours before the scheduled delivery date. Additional fees for this service will apply. This service might not be available in certain regions.
  • Order Inspection and Receipt

    • Ownership of the products in your order is transferred from FloorBox and/or the supplier to you once the order has been delivered to your Shipping Address.
    • Upon delivery of your order, you must inspect the delivery for missing items and damages and notify FloorBox within 24 hours after your order is delivered.
    • IMPORTANT: FloorBox will not have any liability for missing or damaged items that are not reported to FloorBox within 24 hours after Your order is delivered to your Shipping Address.
    • Risk of loss for your purchased products is transferred to you upon transfer of title as explained above.

Regarding Our Prices

    The price of a product shown on the Site represents the full retail price for the product as set by FloorBox and/or the manufacturer or supplier of the product in question and is based on standard industry practice or the estimated retail value for a comparable product offered elsewhere (the “Price List”).
    Despite any contrary information indicated in these sales terms, the displayed price does not include shipping and handling fees, customs duties, and other taxes applicable to your order." You acknowledge that placing an item in a cart on the Website does not reserve the List Price for the subject product shown at that time for a future purchase. It is possible the List Price of the item in Your cart may increase or decrease between the time You place the item in Your cart and the time You actually purchase the product in question. The final and total cost of the order will be adjusted according to this variation higher or lower.
    IMPORTANT TO READ AND UNDERSTAND: FloorBox is under no obligation to fulfill an order for a product that was advertised at an incorrect Price. If there is a mistake in the Price of a product or service You have ordered, FloorBox will inform You with as little delay as reasonably possible. After You have been informed of the correct Price for the product in question, You will be given an opportunity to reorder the product at the correct Price through a separate transaction (subject to the terms and conditions of these Terms of Sale). If You have already paid for the product in question at the incorrect Price, FloorBox will refund You the full amount paid subject to these Terms of Use. FloorBox makes all reasonable efforts to correctly display the colour, texture, and details of products presented on the Site. However, FloorBox cannot guarantee that the colour, texture, or detail You see match that of the actual product. Differences in colour, texture, and details may occur, as a result of but not limited to the computer monitor used to view the products on the Site and the display settings and capabilities of such monitor.

Terms of Payment

    Terms of payment are at FloorBox’s sole discretion. Unless otherwise confirmed in writing by FloorBox, payment must be received, authorized, or secured in a form approved by FloorBox prior to its acceptance of an order.
    Order must be paid using an approved credit card, wire transfer, electronic funds transfer, or some other prearranged payment method stipulated in a written agreement and accepted by FloorBox.
    Invoices are due and payable by the date(s) specified on the invoice through electronic (including but not limited to email) confirmation between FloorBox and You.
    FloorBox may separately invoice parts of an order.
    Orders are not binding until they are accepted by FloorBox (see the Processing of Orders section above). Any quotes given by FloorBox are only valid for the period stated on the quote. FloorBox reserves the right to adjust or cancel quotes as required.

Site Content and Product Descriptions

    Its is important to note that FloorBox is not liable for any errors on and/or omissions from the Site, including but not limited to any product presentation page for any product listed for sale on the Site. FloorBox has the right to change the information, prices, specifications, and descriptions for any products or services presented on the Site at any time without notice. FloorBox does not guarantee that any product description or content on the Site is accurate, complete, reliable, current, or free of error.

External Website Links

    The Sites may contain links to third-party websites ("External Sites") that are beyond FLOORBOX's control. FLOORBOX does not make any representations and disclaims any responsibility regarding the quality, nature, or dependability of the External Sites accessible through links on the Sites or linking to the Sites. FLOORBOX provides these links for your convenience, and the presence of any such link does not imply endorsement by FLOORBOX of External Sites or any association with the operators of such External Sites. You are responsible for reviewing and adhering to the privacy policies and terms of use posted on any third-party sites.

Mobile Devices, Text Messages, and Mobile Applications

    If you access Site pages optimized for mobile viewing using a mobile device, opt to receive SMS (text messages) from FLOORBOX (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms & Conditions") apply to you. Your access to the Sites through your mobile device or usage of a mobile application signifies your agreement to these Mobile Terms and the rest of the Terms of Use.
    By opting in, you consent to receive promotional SMS text messages on your mobile device with varying message frequency. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not a condition for purchasing any products or services from FLOORBOX. You can opt out at any time for any reason by following the provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one additional message confirming your unsubscription. After that, you will no longer receive SMS messages from FLOORBOX. If you decide to rejoin, you can opt in at any time. If you have any questions or need further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please email us at customerservice@floorbox.us (with "Questions about SMS" in the subject line).
    By agreeing to receive SMS messages from FLOORBOX, you confirm that you are 18 years of age or older and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the specified mobile phone number, understanding that message and data rates may apply. You agree that you are solely responsible for all message and data charges incurred while using your mobile device to access the Sites or using a mobile application. All such charges are billed by and payable to your mobile service provider. Please consult your participating mobile service provider for pricing plans, participation status, and details. Carriers are not responsible for delivered or undelivered content. You acknowledge that wireless service via Wi-Fi or a participating mobile service provider may not always be available in all locations at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, depending on the type of mobile device on which you install and use the mobile application.

Notice for California Residents

    California Proposition 65 requires that specific warnings be provided when products contain chemicals recognized by the State of California as causing cancer, birth defects, or other reproductive harm if using those products may result in exposure to those chemicals beyond designated limits. These warnings apply to certain tools, accessory and flooring materials. Please contact us before placing an order if you have any concerns about the safety of these products.
    In accordance with California Civil Code Section 1789.3, FLOORBOX offers users of the Sites the following notice: You may submit complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210

Communications with FLOORBOX

    When engaging in communication with FLOORBOX, including but not limited to feedback, inquiries, comments, suggestions, and similar interactions: (i) you waive any right to confidentiality in your communications, and FLOORBOX is not obligated to safeguard your communications from disclosure; (ii) FLOORBOX has the liberty to reproduce, use, disclose, and distribute your communications to others without any limitations; and (iii) FLOORBOX reserves the right to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose, such as creating, producing, and marketing products or services that incorporate such information.

Indemnification

    You agree to indemnify and hold harmless FLOORBOX, its agents, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from (i) your usage of the Sites, including any User Content you submit, post, or transmit through the Sites, (ii) your breach of these Terms of Use, or (iii) your infringement of another user's rights.

Warranty Disclaimer

    The information and data provided on the Sites by FLOORBOX are compiled from various sources and are provided 'AS IS' and 'AS AVAILABLE.' FLOORBOX strives to ensure the accuracy and reliability of the information and data, but we make no warranty, express or implied, regarding their accuracy, reliability, or completeness. You expressly agree that your use of the Sites and any information therein is at your sole risk.
    TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLOORBOX DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
    THE WARRANTIES MADE IN THESE TERMS OF SALE ARE SPECIFIC TO THE MANUFACTURER(S) OF THE PRODUCTS OFFERED. OTHER THAN THE MANUFACTURER’S WARRANTY AND THE AFOREMENTIONED GUARANTEE, FLOORBOX DISAVOWS ANY OTHER WARRANTY, GUARANTEE, REPRESENTATION, ENDORSEMENT, OR CONDITION, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT FLOORBOX KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS AWARE OF ANY SUCH PURPOSE) REGARDING THESE TERMS OF SALE, THE WEBSITE, AND ALL PRODUCTS PRESENTED OR REFERENCED THEREIN.
    FLOORBOX DOES NOT CLAIM THAT ANY PRODUCT(S) AVAILABLE FOR SALE ON ITS SITE ARE ERROR- OR DEFECT-FREE, NOR CLAIM THAT EVERY DEFECT WILL BE CORRECTED, NOR THAT ANY PRODUCTS COMPLY WITH THE PARTICULAR REGULATORY RESTRICTIONS OF ANY GIVEN GEOGRAPHICAL AREA. IT IS THE PURCHASER’S RESPONSIBILITY TO ENSURE THAT USE OF ANY PRODUCTS PURCHASED IS IN CONFORMITY WITH ALL LOCAL, REGIONAL, NATIONAL, AND INTERNATIONAL CODES AND REGULATIONS.
    FURTHERMORE, FLOORBOX DOES NOT OFFER ANY WARRANTY AGAINST ERRORS, DEFECTS, MISTAKES, OR DATA ERRORS, CONTENT, INFORMATION, MATERIALS, REPORTS, OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ITS SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED ON THOSE SERVERS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR BY WAY OF ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY FLOORBOX, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM USING THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR MADE AVAILABLE BY OTHER MEANS THROUGH THE SITE.
    THE SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. YOU ACCEPT TO USE THE SITE AT YOUR OWN RISK.
    Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you.

Limitations on Liability

    IN NO EVENT SHALL FLOORBOX, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION THROUGH THIS SITE OR OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY SITE USER OR OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, DATA, OR USE) RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF FLOORBOX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    You acknowledge that the above limitation on liability applies to all content, merchandise, and services accessible through the Sites or other channels. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the maximum extent permitted by law. Notwithstanding the foregoing, if FLOORBOX is found liable, our liability to you or any third party shall be limited to the greater of (a) the disputed amount, not exceeding the total sum paid by you to us within the twelve (12) months preceding the action causing liability, or (b) USD $100.
    Additionally, to the maximum extent allowed by law, you must notify FLOORBOX of any claim within one year of its accrual or your claim will be waived and time-barred.

Assumption of Risk

    While using the Services or website from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that you use of the Service or website is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services or website. It is strictly forbidden to use the Services or website while driving. While using a vehicle, you may only access the website after you have stopped your vehicle in an appropriate location permitted by law. If you are using the Service or website in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer doing the same.
    The website is NOT a replacement for nor does it provide any capabilities to be an emergency notification system or platform.

Legal Disputes

PLEASE REVIEW THIS SECTION THOROUGHLY. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE, YOU CONSENT TO FORGO YOUR RIGHTS TO A COURT TRIAL INVOLVING A JUDGE OR JURY AND TO PARTICIPATE IN OR ASSOCIATE WITH ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Additional rights typically granted in court, like access to discovery or the ability to appeal, might be restricted or not accessible in arbitration.
    Binding Arbitration Agreement; Class Action Waiver
    Any unresolved dispute, claim, or controversy between you and FLOORBOX, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively, 'FLOORBOX' for this section) relating to: (1) these Terms of Use, their interpretation, breach, termination, or validity, and the resulting relationships; (2) your use of any FLOORBOX-owned or operated website and affiliated brands; or (3) any products or services sold or distributed by FLOORBOX and its affiliated brands or through their websites (collectively, "Covered Disputes") will be settled through binding arbitration instead of court proceedings. The term “Covered Disputes” is to be interpreted broadly.
    You may opt out of the foregoing arbitration requirements and the waiver of the right to participate in class action litigation set forth below by mailing a written opt-out notice to FLOORBOX within 45 days after you place your first order with FLOORBOX. That written notice must state your full name and address and must state that you are choosing to opt out of the arbitration requirements and class action waiver set forth in FLOORBOX’s Terms of Use. The notice must be signed with your original signature (not a copy or a facsimile) and must be mailed to the following address: 2915 Ogletown Rd Newark, DE, 19713.
    The notice will not be effective if it is postmarked more than 45 days following the date on which you place your first order with FLOORBOX. Opt-out notices delivered by fax, email, or other electronic format will not be effective.
    Mandatory Informal Dispute Resolution
    FLOORBOX values its customers and aims to resolve disputes informally when possible. Prior to formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice ("Notice") to FLOORBOX by email at legal@floorbox.us If FLOORBOX has a dispute with you, it agrees to first send a detailed Notice to the email address on file with us. Your Notice must include: (1) your full name; (2) your address, phone number, and email address; (3) sufficient information for FLOORBOX to identify any relevant transaction (e.g., order number, order confirmation, etc.); and (4) a comprehensive description of your dispute, the basis of your claim(s), and the relief sought with its calculation. Your Notice must be personally signed. FLOORBOX's Notice will also provide (1) sufficient information for you to identify the transaction in question, and (2) a comprehensive description of the dispute, the basis of the claim(s), and the relief sought with its calculation. Both parties agree to negotiate in good faith to resolve the dispute without the need for formal proceedings. If FLOORBOX requests a phone conference to resolve the dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in the dispute's resolution, but if it remains unresolved within 60 days after receiving a fully completed Notice and the parties have not agreed to extend this period, either you or FLOORBOX may initiate arbitration. Completing this mandatory informal dispute resolution process is a prerequisite for filing any arbitration demand. Statutes of limitations and filing fee deadlines will be paused while the parties engage in this process. The arbitration administrator cannot accept or manage any arbitration demand unless the claimant certifies in writing their full compliance with this process. This certification must be personally signed by the claimant (you or FLOORBOX). A court has the authority to prevent the filing or prosecution of arbitrations without first providing a fully completed Notice and engaging in good faith in this informal dispute resolution process.
    Commencing Arbitration and Arbitration Guidelines
    You agree that any arbitration between you and FLOORBOX will be administered by National Arbitration and Mediation ("NAM") in accordance with NAM's Comprehensive Dispute Resolution Rules and Procedures ("NAM Rules") effective at the time the arbitration demand is submitted, as adapted by this Legal Disputes Section. To access the NAM Rules, visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at their National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or commercial@namadr.com If NAM is unable or unwilling to manage the proceeding in line with the Legal Disputes Section, the parties consent to employ the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol ("AAA Rules"), as adapted by this Legal Disputes Section. If AAA is unable or unwilling to enforce this Legal Disputes Section, the parties will mutually settle on an alternative administrator to manage the proceeding. If no agreement is reached, a court with competent jurisdiction will designate an arbitration administrator. Arbitration will transpire before a single neutral arbitrator.
    To initiate an arbitration proceeding, send the arbitration request or arbitration notice form provided by the arbitration administrator, along with a comprehensive claim explanation and the information required in your Notice and signed certification of compliance with the informal process above (collectively, "demand for arbitration"), to NAM (or AAA if AAA is the administrator). You must personally sign your demand for arbitration and send a copy to FLOORBOX at legal@floorbox.us If FLOORBOX commences arbitration, a copy of the demand for arbitration will be sent to your email address on file.
    Arbitration can be conducted via phone, virtually, through written submissions, or in person in your county of residence, another mutually agreed location, or another location reasonably convenient for you. FLOORBOX retains the right to request an in-person or videoconference hearing within 14 days after its deadline to submit any answer. After that, FLOORBOX can request an in-person or virtual hearing from the arbitrator, who may necessitate it along with your participation (with counsel, if represented). In-person hearings will adhere to the geographic parameters mentioned above.
    Arbitration Fees
    Filing, administration, and arbitrator fees will be governed by the NAM Rules (or AAA Rules if AAA is the administrator). Upon demonstrating financial hardship, FLOORBOX will consider promptly reimbursing your portion of the arbitration fees per the NAM (or AAA) Rules.
    Arbitration Jurisdiction
    The arbitrator possesses the sole authority to address all assertions or disputes from both parties concerning the formation, legality, and enforceability of this arbitration provision, its extent, and the arbitrability of any claim or issue between us. Arbitration does not involve a judge or jury, and court review of arbitration awards is limited. Nevertheless, an arbitrator can award the same damages and relief as a court on an individual basis (including injunctive, declaratory, or statutory damages) solely in favor of the party seeking relief and only as necessary to provide relief based on that party's individual claim. The arbitrator cannot grant relief for or against non-participants. The arbitrator must comply with and adhere to these Terms of Use as a court would. Regardless of the arbitration method, the arbitrator will issue a reasoned written decision addressing the critical legal findings and conclusions underpinning the award. The arbitration award is binding only between you and FLOORBOX and holds no preclusive effect in other arbitrations or proceedings involving different parties. The arbitrator may award fees and costs per the NAM Rules (or AAA Rules if AAA is the administrator) or to the extent they could be awarded in court, or if the arbitrator determines a claim, proceeding, or defense was frivolous, for harassment, for an improper purpose, or in bad faith. The arbitrator will apply the Federal Rule of Civil Procedure 68 after award entry.
    Exclusive Exceptions to Arbitration
    Despite the above, instead of arbitration: (1) you or FLOORBOX may opt to have an individual claim heard in small claims court, subject to applicable jurisdictional and monetary limits, provided it is pursued and maintained as an individual claim and not appealed or removed to a court of general jurisdiction; and (2) you agree that you or FLOORBOX may file a lawsuit in court to enjoin intellectual property rights infringement or other misuse.
    Jury Trial and Class Action Renunciation
    To the greatest extent allowed by law, you and FLOORBOX relinquish the right to a jury trial and litigation of disputes in state or federal courts of general jurisdiction, except as provided in the Terms of Use. The parties agree that arbitration will be conducted individually and not as a class action/class arbitration or other representative action. You and FLOORBOX renounce the right to pursue a class action or seek relief on a class basis. Neither party may participate as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding or make or proceed with any claim on a collective or consolidated basis. Claims against each other must be made individually. As mentioned earlier, the arbitrator can award declaratory or injunctive relief only on an individual basis and only as warranted by the individual claim. If a court finds this class action waiver unenforceable for a specific claim or request for relief and all appeals are exhausted (or the decision is final), the parties agree that such claim or request for relief will proceed in court but be stayed pending arbitration of the remaining claims.
    Specific Supplementary Processes for Large-Scale Arbitration
    In the event that 25 or more individuals initiate arbitrations with FloorBox, presenting similar claims, and the attorneys representing those individuals are the same, coordinated, or the claims are otherwise connected (referred to as "Mass Claims"), you and FloorBox agree that the following supplementary processes shall apply, along with the relevant NAM Rules (or the relevant AAA Rules if AAA is the administrator as stated above). By choosing to begin your claim as part of Mass Claims, you acknowledge and agree that the resolution of your claim may be delayed.
    The attorneys for the individuals and FloorBox's counsel will each select 15 cases (per side) to be filed in and proceed in arbitration as part of bellwether proceedings to be resolved individually. Each case will be assigned to a distinct arbitrator. Meanwhile, no other cases may be filed or considered filed in arbitration, and the arbitration administrator shall not accept or manage arbitrations initiated in violation of these procedures.
    If the parties cannot resolve the remaining cases after the completion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case will be assigned to a distinct arbitrator. This phased approach of administering and advancing a maximum of 30 individual arbitration proceedings at a time shall continue until the parties can resolve all Mass Claims, either through settlement or arbitration.
    If these additional mass arbitration procedures apply to your claim, any relevant statute of limitations will be suspended from the moment the first cases are chosen for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise settled. Please note that a court shall possess the authority to enforce these mass arbitration procedures and, if necessary, to prevent the filing or pursuit of arbitrations.

Governing Law

    You and FloorBox agree that any claim between us involves commerce and is exclusively governed by the Federal Arbitration Act (FAA) and federal law, not by any state, local, or other countries' laws that attempt to limit the availability or scope of arbitration or impose requirements conflicting with the FAA. If applicable, the laws of State of Delaware shall apply.
    For any action in court (excluding small claims court), you consent to the exclusive jurisdiction of federal and state courts located in the State of Delaware.
    Other
    If any provision of the Terms of Use conflicts with the rights, duties, or requirements of this arbitration agreement, or if applying such a provision would alter or render unenforceable any part of this arbitration agreement, that provision is considered null and void, with the arbitration agreement terms prevailing.
    Termination
    Your access and use of the Sites continue until terminated according to these Terms of Use. FLOORBOX, at its sole discretion, may terminate your account and usage of the Sites, remove and delete your User Content if it deems you have violated or acted inconsistently with these Terms of Use or for any other reason. FLOORBOX may also discontinue providing the Sites or any part thereof, with or without notice, at its sole discretion. You agree that termination of your access to the Sites may occur without prior notice and that FLOORBOX may deny any further access to the Sites. Furthermore, you agree that FLOORBOX will not be liable to you or any third party for terminating access to the Sites.
    For instructions on deleting your account, refer to the "Registering for the Service" section of our Privacy Policy.
    The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, and Legal Dispute sections, along with any other rights and obligations which are reasonably intended to survive termination, will survive the termination of these Terms of Use.
    Access Requirements
    TO UTILIZE THE SITES, YOU MUST BE AT LEAST 13 YEARS OF AGE. By accessing the Sites, you assert that you are 13 or older. Individuals under 13 are forbidden from accessing or using the Sites.
    AS A PARENT OR GUARDIAN GRANTING CONSENT FOR YOUR TEENAGER TO REGISTER AND USE THE SITES, YOU AGREE TO ADHERE TO THESE TERMS REGARDING YOUR TEENAGER'S UTILIZATION OF THE SITES.
    System Downtime
    Occasionally, FLOORBOX plans downtime for the Sites due to maintenance and other reasons. Unexpected outages may also occur. You agree that FLOORBOX bears no responsibility and is not liable for: (a) the unavailability of any Sites; (b) any loss of data, information, or materials resulting from system outages; (c) any delays, mis-deliveries, or non-deliveries of data, information, or materials caused by such outages; or (d) any outages caused by third parties, including hosting companies, Internet service providers, or others.
    Jurisdiction Concerns
    FLOORBOX operates the Sites from its North American offices, targeting users in the United States of America. FLOORBOX offers no assurances or guarantees that the Sites or their content are valid, suitable, or accessible for use outside the United States. Using the Sites outside the United States is at your own risk, and you are responsible for adhering to local laws. FLOORBOX retains the right to restrict the Sites' availability, as well as any service, program, or product detailed on them, to any person, geographic area, or jurisdiction at any time and in our sole discretion. United States export controls govern any software on the Sites and prohibit downloading, exporting, or re-exporting: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to U.S. trade restrictions or embargoes; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you affirm and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list.
    General Provisions
    No waiver of any term or breach of this Agreement shall be considered a waiver of other terms or subsequent breaches. If any part of this Agreement is determined to be unlawful or unenforceable, the remainder of the Agreement will remain fully valid, binding, and enforceable. These Terms of Use embody the entire Agreement between you and FLOORBOX concerning the use of the Sites and supersede any prior arrangements related to this subject. The Terms may not be assigned, transferred, or sublicensed by you without FLOORBOX's prior written approval. No waiver by either party of any breach or default shall be regarded as a waiver of any previous or subsequent breach or default. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or established by these Terms of Use. Any heading, caption, or section title herein is included solely for convenience and does not define or clarify any section or provision. FLOORBOX's execution of these Terms of Use is subject to existing laws and legal processes, and nothing in these Terms of Use undermines FLOORBOX's right to comply with governmental, court, and law enforcement requests or requirements concerning your use of the Sites or information provided to or gathered by FLOORBOX regarding such use. A printed version of these Terms of Use and any electronic notices will be admissible in judicial or administrative proceedings based on or relating to these Terms of Use, under the same conditions as other business documents and records initially generated and maintained in printed form. The parties agree that all correspondence related to these Terms of Use must be composed in the English language.
    Inquiries
    If you have inquiries, feedback, or grievances about these Terms or the Sites, please contact us customerservice@floorbox.us (mention "Inquiries about the Sites").