This website (the “Website”), is owned and operated by FLOORCARE.COM, LLC, a New York limited liability company, (referred to herein as "Floorcare", “we” or “us”). Floorcare provides this Website to you subject to the following terms and conditions (“Terms”). By visiting or otherwise using this Website and its services, features, products or any of the content obtained directly or indirectly from us, you accept and agree to comply and be bound by these Terms. If you do not accept and agree to these Terms, you may not visit the Website, purchase or order any of its products or use any of its contents or services. Our Website can be accessed through a computer or mobile device and these Terms govern your use of our Website and your conduct regardless of the means of access. Floorcare reserves the right to change or modify the Terms from time to time at any time, without notice, and in its sole discretion.
If you are under 18, you may use the Website only with authorization and supervision of a parent or a legal guardian.
Purpose of the Website
The purpose of this Website is to provide you with information about us, our products, services and retail locations. In addition, you may be able to purchase products and services through the Website and may be able to monitor and perform activities regarding your membership accounts through this Website.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to the Website. We may modify our Privacy Policy at any time.
License and Website Access
Floorcare grants you a limited license to access and make personal use of the Website, but not to download (other than necessary for page viewing) or modify the Website, or any portion of it, except with our express written consent. This license does not allow resale or commercial use of the Website or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools.
The Website or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Floorcare without our express written consent. Any unauthorized use of the Website automatically terminates all membership and other accounts you have with Floorcare and your permission or license to use our Website.
The Website may provide various interactive features, for example, we may implement features that will allow you to publish reviews of our products. You agree that you will not upload, post or send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any party’s intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Floorcare attempts to provide accurate descriptions of the Content, products and/or services available through the Website. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. Reference to or displaying any product or service on the Website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available, in-stock or that the color of any product will be identical to the color you see when accessing the Website. If Content, products or services are materially misrepresented, your sole remedy is to cease use of that Content, product or service and to notify us of the purported error.
The Website may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise shall not constitute or imply any endorsement, sponsorship or recommendation thereof by Floorcare.
Intellectual Property
Our Website and all information and Content, contained on, or made available through our Website are owned by or licensed to Floorcare and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
FLOORCARE.COM is a trademarks of Floorcare. All product, brand and company names and logos used on our Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our Website (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
Copyright Policy and Complaints
Floorcare respects the intellectual property of others. If you believe that any material on the Website or any use of the Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on the Website;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
Floorcare.com, LLC
PO Box 5566
Englewood, NJ 07631
1 (877) 356-6722
Or by email:
info@floorcare.com
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Floorcare or any third party.
Product Information, Use and Availability
All of Floorcare products displayed on the Website can be ordered and delivered only within United States. The products we display on our Website may also be available at Floorcare retail locations throughout United States. All prices of our products are quoted in US dollars and are valid and effective solely in the United States. If any minor uses any Floorcare products, then such use should be undertaken only once the legal guardian or a parent discussed the product with the minor user's medical professional.
Product information is intended for personal or information purposes only. The statements we make about our products have not been evaluated by governmental agencies, including, but not limited to Food and Drug Administration. None of our products are intended to diagnose, treat, cure or prevent any type of condition or disease. Any statements on the Website do not constitute any professional or medical advice or its substitute. You should only use our products consistent with their respective instructions of use. Always check whether any of the ingredients listed in our products may cause your allergic reactions or irritation. You should only use the products consistently with your medical professional’s advice and any questions you may have concerning the impact that the use of specific ingredients found in any of our products may have on you should be addressed to your doctor. Floorcare is not a medical professional. If you are need of medical attention, then please contact your doctor, or, in cases of emergency, call 911 or go to your nearest emergency room.
ANY MATERIAL, DESCRIPTION OR INFORMATION PRESENTED BY FLOORCARE REGARDING ANY OF THE PRODUCTS FEATURED ON THE WEBSITE DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE. BEFORE PURCHASING OR USING ANY OF THE PRODUCTS, GOODS OR INFORMATION FEATURED ON THE WEBSITE YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN.
Any products (including samples) or services made available through the Website are for your personal use only. You agree that you shall not, directly or indirectly, sell, resell, reverse-engineer, duplicate, reproduce or copy any products you purchase or otherwise receive from Floorcare.
We reserve the right to change the prices and availability of the products listed on the Website without prior notice to you. The listing, description of, or reference to, a product or service on the Website does not imply that the product or service is available, in-stock or deliverable to your geographic location. We explicitly reserve the right to refuse or cancel any order placed for any products or services.
User Submissions
All submissions of any type of Content by you (“User Content”), including but not limited to product reviews, text, suggestions, ideas, commentary, testimonials, photos, videos or any other materials or information must comply with these Terms. Any User Content you submit shall not be deemed confidential or proprietary and Floorcare shall have no obligation of confidentiality, express or implied, with respect thereto. Floorcare does not endorse User Content, including without limitation, any statement, opinion, recommendation or advice expressed therein, and expressly disclaims all liability with any such submissions.
By submitting any User Content you grant Floorcare a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, sell, distribute, copy, modify, delete, publish, translate, or create derivative works from User Content and/or incorporate the User Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license shall survive the termination of these Terms and your use of the Website.
Disclaimer of Warranties and Limitation of Liability
ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, WHETHER DIRECTLY OR BY WAY OF A WEBSITE THAT IS LINKED TO OUR WEBSITE ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR YOUR USE OF ANY OF OUR PRODUCTS. WE DO NOT REPRESENT, WARRANT OR ENDORSE THAT ANY OPINION, ADVICE OR STATEMENT MADE OTHER THAN BY US ON THIS WEBSITE IS ACCURATE OR RELIABLE.
OTHER THAN AS MAY BE LIMITED OR REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS, UNDER NO CIRCUMSTANCE WILL FLOORCARE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER’S USE OF OUR PRODUCTS OR USER'S RELIANCE ON INFORMATION ACCESSED, USED OR OBTAINED AS A RESULT OF YOUR USE OF OUR WEBSITE.
BY ACCESSING AND USING OUR WEBSITE YOU AGREE THAT FLOORCARE AND ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, LICENSORS AND LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY ARISE FROM YOUR LOSS OR MISAPPROPRIATION OF DATA BY THIRD PARTIES AS RESULTING FROM YOUR USE OF OUR WEBSITE, ANY OF ITS CONTENT OR THE RELATED SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, ANY WARRANTIES OR DAMAGES SHALL BE LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify and hold Floorcare and its affiliates, owners, employees, agents, licensors and licensees harmless from any claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of or related to your violation of these Terms, your breach of any of our User Submission policies, your violation of the rights of any third parties or any laws. This indemnification obligation will survive the termination of these Terms and your use of our Website.
Disputes and Applicable Law
By visiting the Website, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms and any dispute of any sort that might arise between you and Floorcare. Any dispute relating in any way to your visit to the Website or to the Content, products or services sold or distributed by Floorcare shall be solely adjudicated in Supreme Court of the State of New York or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.
Changes and Severability
We reserve the right to make changes to the Website, our policies, and these Terms at any time. If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Communication with Floorcare
You may contact us at:
Floorcare.com, LLC
PO Box 5566
Englewood, NJ 07631
1 (877) 356-6722
Or by email:
info@floorcare.com