Terms of Use
Effective Date: February 12, 2025
These Terms of Use ("Terms") govern your access to and use of the website ontopflooringllc.com (the "Site") operated by On Top Flooring, LLC. ("we," "us," or "our"), a company based in Aurora, Colorado. By using our Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you are prohibited from using the Site.
2. Use of the Site
On Top Flooring, LLC. grants you a limited, non-exclusive, and non-transferable license to access and use the Site for personal, non-commercial purposes. You agree to use the Site in compliance with all applicable laws and regulations. You may not:
Use the Site for unlawful purposes or in any manner that could damage, disable, or impair the Site.
Attempt to gain unauthorized access to any part of the Site, its systems, or networks.
Use any automated systems, bots, or scrapers to access the Site or collect information.
3. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, images, logos, and software, is the property of On Top Flooring, LLC. or its licensors and is protected by copyright and intellectual property laws. You may not copy, distribute, modify, or create derivative works of any content from the Site without our express written permission.
4. Product Information
We strive to provide accurate and up-to-date information on the Site regarding our flooring products and services. However, we do not guarantee the accuracy, completeness, or reliability of the content. On Top Flooring, LLC. reserves the right to make changes to product information, pricing, or services at any time without notice.
5. User Content
You may have the opportunity to submit content to the Site, such as reviews, comments, or questions. By submitting content, you grant On Top Flooring, LLC. a perpetual, royalty-free, worldwide license to use, reproduce, modify, and distribute your content for promotional or other purposes.
You agree that your content will not:
Violate any laws or infringe on third-party rights.
Be offensive, defamatory, or discriminatory.
Contain any harmful or malicious software.
On Top Flooring, LLC. reserves the right to remove any user-submitted content at its discretion.
6. Limitation of Liability
To the fullest extent permitted by applicable law, On Top Flooring, LLC. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising from your use of the Site, any content, or services, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all damages exceed the amount paid by you to On Top Flooring, LLC. in connection with the service or product that caused the damages.
This limitation applies regardless of whether the claim arises from breach of contract, tort, negligence, or any other legal theory, and applies even if we were aware of the possibility of damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless On Top Flooring, LLC., its employees, agents, affiliates, contractors, officers, and directors from any and all claims, damages, losses, liabilities, expenses (including legal fees and costs), and demands, arising out of or in connection with:
Your use or misuse of the Site.
Your violation of these Terms.
Any violation of applicable laws or regulations.
Any infringement of any intellectual property rights, including trademarks or copyrights, or other rights of third parties.
Any content you submit, post, or transmit through the Site that violates the rights of others or is otherwise unlawful, defamatory, offensive, or harmful.
This indemnification obligation shall survive the termination of your use of the Site and these Terms.
In the event that On Top Flooring, LLC. becomes aware of any claim or demand that is subject to indemnification, we will promptly notify you in writing and give you the opportunity to assume the defense of such claim. We reserve the right to take control of the defense, and you agree to cooperate fully in the defense of any such claim.
Breach of Terms
If a breach of these Terms occurs, including the violation of any terms related to the misuse of the Site or unlawful actions, the company has the right to seek all available remedies, including but not limited to the following:
Legal recourse through the courts.
Recovery of damages arising from such misuse, including attorney fees, if applicable.
Suspension or termination of access to the Site.
You acknowledge and agree that failure to comply with these Terms may result in significant harm to On Top Flooring, LLC., and that such violations will lead to legal actions aimed at enforcing compliance and securing adequate remedies.
8. Third-Party Links
The Site may contain links to third-party websites. These links are provided for your convenience, and On Top Flooring, LLC. does not endorse or control the content of these external sites. We are not responsible for any damages or losses caused by your use of these third-party websites.
9. Termination of Access
On Top Flooring, LLC. reserves the right to suspend or terminate your access to the Site at any time, without notice, for any reason, including but not limited to violations of these Terms.
10. Disclaimer of Warranties
The Site is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or the use of the Site will be resolved through binding arbitration, as set forth below.
Arbitration Agreement
You agree that any disputes, claims, or controversies arising out of or related to these Terms, the Site, or the services provided by On Top Flooring, LLC. will be resolved through binding arbitration rather than in court. This includes, but is not limited to, claims related to contract disputes, consumer protection laws, or any other legal matters arising from the use of the Site or services.
Arbitration Process
Initiating Arbitration: Any party wishing to initiate arbitration must notify the other party in writing, describing the nature of the dispute and the specific relief sought. If the dispute cannot be resolved amicably through informal negotiation, arbitration may proceed.
Rules and Procedures: Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), or any successor organization, under its Commercial Arbitration Rules. The arbitration will be conducted in Aurora, Colorado, or another mutually agreed-upon location. The arbitration will be conducted in English, and a single arbitrator will be selected according to the rules of the AAA.
Arbitrator's Authority: The arbitrator will have the authority to issue decisions and awards, including monetary damages, injunctions, or other relief as appropriate. The arbitrator will be bound by the terms of these Terms of Use and applicable law.
Binding and Final: The decision rendered by the arbitrator shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court having jurisdiction.
No Class or Representative Actions: You agree that any arbitration will be conducted only on an individual basis and not in a class or representative action. You specifically waive any right to participate in a class action or representative action in any dispute that is subject to arbitration.
Costs of Arbitration: The costs of the arbitration, including the arbitrator's fees, will generally be shared equally between the parties. However, the arbitrator may award the prevailing party its reasonable attorneys' fees and costs as part of the arbitration award if allowed by applicable law.
Exceptions to Arbitration
Notwithstanding the above, either party may seek preliminary or temporary injunctive relief in a court of competent jurisdiction, to prevent immediate harm, or to preserve the status quo pending arbitration. Such injunctive relief does not waive the obligation to arbitrate the underlying dispute.
Enforcement of Arbitration Agreement
If any part of this arbitration agreement is found to be unenforceable or invalid, the remainder of the arbitration agreement will remain in effect. If a court determines that the prohibition on class or representative actions is unenforceable, the dispute will be resolved in a court of competent jurisdiction rather than through arbitration.
12. Force Majeure
On Top Flooring, LLC. shall not be held liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, labor strikes, pandemics, government actions, or supply chain disruptions.
If any such event occurs, On Top Flooring, LLC. will notify you as soon as possible and take reasonable steps to resume performance of its obligations. However, the company shall not be liable for any damages or delays caused by such events.
13. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severed from the agreement, and the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with one that most closely reflects the intent of the original provision.
14. Waiver of Rights
No waiver by On Top Flooring, LLC. of any breach of these Terms shall be deemed a waiver of any prior, subsequent, or other breach. Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so in the future.
15. Entire Agreement
These Terms, together with any documents or policies incorporated herein by reference, constitute the entire agreement between you and On Top Flooring, LLC. with respect to your use of the Site. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and On Top Flooring, LLC. with respect to the Site.
16. Changes to These Terms
On Top Flooring, LLC. reserves the right to update or modify these Terms at any time. Any changes will be posted on the Site, and the "Effective Date" at the top of this page will reflect the latest update. Your continued use of the Site after the changes have been posted constitutes your acceptance of the new Terms.
We encourage you to review these Terms periodically to stay informed about how we protect your information and services.