At any time, we may change any of the following:
The changes will be effective immediately when the change is available at our Site. Your use of our Site after such changes are made constitutes your acknowledgement, agreement, and acceptance of these changes. Revisions to this Agreement supersede all previous versions of this Agreement and any verbal or written notices or statements.
To use our Site, you must be at least the age of majority where you reside. Regardless of location, you must be at least 13 years of age to use our Site.
This agreement is effective from the date you first access our Site and remains in effect until terminated in accordance with this Agreement. This Agreement will automatically terminate if you fail to comply with it. Should this Agreement be terminated for any reason, all obligations, provisions, liability limitations, indemnities, disclaimers, rights, and licenses to us shall survive indefinitely. We cannot be held liable for any terminations, whether deliberate or accidental.
We strive to provide accurate prices, descriptions, images, 3D representations, and details of the products we display on the Site. However, we may occasionally make mistakes or incur errors, causing inaccurate product or service information to be displayed on our Site, including size, color, price, and availability. We do not guarantee that the information on this Site is accurate, complete, reliable, current, or error-free. Together with our vendors, we reserve the right to cancel any orders, correct any errors and revoke any offers, including after an order has been submitted.
We may need to verify certain information prior to accepting an order. Together with our vendors, we reserve the right to change, limit, refuse, or cancel any orders by you for products and services that are sold, at our discretion, without prior notification, and at any time, including after your receipt of an order number or email confirmation.
As you use our Site, you may submit content, such as requests, feedback, suggestions, comments, reviews, messages, favorites, pictures, and captures of your surroundings, generated by you (collectively, "Content"). Any Content or other information submitted to the Site may be viewed by us, other users, third parties, or the public and will not be treated as confidential, private, or proprietary. By submitting Content, you agree to the following:
Regarding Content submitted by you and others:
When you use our Site, you agree to conduct yourself in a lawful manner, consistent with generally accepted standards of etiquette and our terms and policies. Otherwise, we may terminate your access to our Site and you may be subject to civil or criminal action. We may involve and cooperate with law enforcement and other authorities in prosecuting users who act unlawfully or maliciously.
In particular, you agree not to do any of the following:
Any content, information, data, products, services, and any derivative works from Content, and any associated intellectual property and other rights on our Site, are and will remain our property and that of our vendors, licensors, and affiliates. Our property is protected by local and international laws, and you acknowledge that our rights are valid and enforceable.
Our Site contains registered and unregistered trademarks, copyrights, and service marks including but not limited to our logo, our tag lines, and those of our vendors and others (collectively, "Our Marks"). Any use of Our Marks is strictly prohibited, except as explicitly permitted in this Agreement. You acknowledge and agree that all rights regarding Our Marks are our exclusive property or that of our vendors, licensors, or affiliates, and that any value or goodwill created by your use of Our Marks will accrue to only us, our vendors, licensors, or affiliates. You also agree that you will not take any actions that could threaten, harm, challenge, or in any way conflict or reduce the value of Our Marks or our rights with respect to Our Marks.
Each of the following provisions applies to the maximum extent permitted by law:
You agree to fully indemnify, defend, and hold Charlie's Custom Colors & Flooring, our affiliates, licensors, vendors, partners, agents, successors, and assigns and our and their officers, directors, employees, contractors, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs, including any legal fees and other expenses that arise directly or indirectly out of or from any of the following:
You and Charlie's Custom Colors & Flooring agree to forego any rights to litigate in a court or before a jury or to participate in a representative action or class action regarding a claim. In arbitration, other rights that you may have if you went to court, including discovery, may be limited or not available to you. Any disputes between you and Charlie's Custom Colors & Flooring or its officers, directors, partners, employees, representatives, contractors, agents, and affiliates, related to this Agreement will be settled by legally binding arbitration, the administration of which will be determined by us. The arbitrator will be an independent third party licensed to practice law. Arbitration will be conducted in United States, unless we decide otherwise. Judgement from the arbitration may be filed in any court with jurisdiction over this Agreement. Any judgement must be consistent with this Agreement's outlined liability limitations and indemnification.
Before requesting or initiating arbitration, you must notify us in writing at least 90 days in advance of your intention to file for arbitration. You may provide such notice by email to firstname.lastname@example.org. During this period, you and Charlie's Custom Colors & Flooring will attempt to settle the disputes through mutual discussions. If we fail to settle within this period, you may initiate arbitration, which you agree to submit on an individual basis only. You acknowledge and agree that you and Charlie's Custom Colors & Flooring are each waiving the right to a trial before a jury or to participate as a member in a class action. Furthermore, the arbitrator may not consolidate more than one individual's claim.
This Agreement shall be interpreted in accordance with the laws of United States without regard to any conflict of laws provisions. You agree to only submit actions, claims, or requests for arbitration to a court located in United States and no other court. If you use or access our Site, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of our Site to any person, geographic area, or jurisdiction, at any time and at our discretion.
The following terms also apply to this Agreement:
Last Updated: April 28, 2022