TERMS AND CONDITIONS
ARIZONA HOME FLOORS, LLC provides access and use of the Site at WWW.AZHOMEFLOORS.COM (the “Site”), subject to your agreement to the following “Terms and Conditions of Use” (the “Terms”). Please read these Terms carefully before accessing or using the Site. By accessing, reading or using the Site, you agree to be bound by these Terms, which are as follows:
By viewing, visiting, using or interacting with the Site or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of the Terms and the Privacy Policies of the Site.
The Terms Agreement may change from time to time. Visitors have the affirmative duty, as part of the requirements to have permission to view the Site to keep themselves informed of changes.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement.
USE OF INFORMATION FROM THIS SITE
We take the protection of our copyright very seriously. Unless you have entered into an express written contract with this site or its owner to the contrary; visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content shown on this Site. By viewing the contents of this Site you agree to these conditions and acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. If we discover that you have used our copyright materials in contravention of the terms and conditions as specified herein, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs. Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF SITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS SITE
The Site and its contents are wholly owned or licensed by the Site owner. Material contained on the Site is proprietary and copyrighted. Visitors have no rights whatsoever to the site content. Use of Site content for any reason is unlawful unless it is done with express written permission of the Site owner.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by Site, no one may hyperlink to this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other web site for any reason. Further, you are not allowed to reference the url (Site address) of this Site in any commercial or non-commercial media without express permission, nor are you allowed to \’frame\’ the site. You specifically agree to cooperate with the Site to remove or de-activate any such activities upon request and may be liable for any damages resulting from unauthorized hyperlinking. You hereby agree to liquidated damages of U.S. $100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The Site disclaims any responsibility for the accuracy of the content of this Site. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have entered into an express written contract to the contrary with the Site, you have no right to rely on any information contained herein as accurate. The Site makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS SITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The Site assumes no responsibility for any loss or damage to computers or software belonging to the visitor, or any person the visitor subsequently communicates with, from any corrupting code or data that is inadvertently passed to the visitor’s computer. Visitor views and interaction with this site, whether banners, pop-ups, or advertising displayed, is wholly at their own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads of information from this site is done at their own risk. The Site makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, if either physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event the visitor causes damage to the Site, which the Site is required to pay for, the Visitor, as a condition of viewing, is liable to reimburse the Site for all losses and costs associated with the damaged caused.
No additional notice of any kind for any reason is due to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Site.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Owner.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase and/or use of Site shall be brought before a court of law, pre- or post-arbitration, the viewer, visitor, member, subscriber or customer agrees that the sole and proper jurisdiction is to be the state and city declared in the contact information of the owner shown below unless otherwise specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Owner’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Owner.
All Rights Reserved