TERMS & CONDITIONS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH REQUIRES AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES, RATHER THAN A CLASS OR COLLECTIVE ACTION OF ANY KIND.
This Site and the materials within it are copyrights of Floor and Decor Outlets of America, Inc. ("Floor & Decor"). Viewing this Site creates a copy of Floor & Decor materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
Floor & Decor grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, Terms set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices and Terms set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Floor & Decor that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices and Terms set forth herein, do not use this Site. Other than this agreement and or other applicable agreements between you and Floor & Decor relating to the sale of products or services to you through this Site, Floor & Decor will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Floor & Decor and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Floor & Decor aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Floor & Decor, the Floor & Decor logo and the other Floor & Decor formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Floor & Decor. Floor & Decor prohibits use of the Floor & Decor logo as part of a link to or from any site unless establishment of such a link and use of the Floor & Decor logo is approved in advance by Floor & Decor in writing. Fair use of Floor & Decor’s Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
In connection with your use of this Site, you may not:
- "harvest" (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site,
- use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,
- "stream catch" (download, store or transmit copies of streamed content),
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,
- "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems,
- circumvent or reverse engineer the Site or its systems, or
- restrict or inhibit another user or users from using and enjoying this Site. In addition, if you post something to this Site, such as comments or other content, you may not post anything that:
- infringes any third party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person’s or entity’s confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
- contains any virus, malware, spyware or other harmful content or code.
Floor & Decor cannot guarantee the availability of any particular product displayed on this Site. Floor & Decor reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Floor & Decor reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Delivery of flooring products is "curbside" only. If you require special shipping arrangements (upstairs, rooftop, etc.), we recommend that you select the "Special Shipping Arrangements" option on the Shipping Method page in checkout and complete the purchase of items in your order without specifying a specific shipping method. For online or phone orders, merchandise may be shipped from multiple locations to you or your selected F&D store for pickup. Floor & Decor therefore will charge your credit card(s) at the time of purchase a deposit equal to 100% of the purchase price, plus any taxes and delivery fees. In the event of an unexpected delay in the shipment of the merchandise, you will be notified and given an opportunity for a full refund.
LINKS TO THIRD PARTY SITES
This Site may contain links to sites owned or operated by parties other than Floor & Decor. Such links are provided for your reference only. Floor & Decor does not control outside Sites and is not responsible for their content. Floor & Decor’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Floor & Decor’s inclusion of the links imply that Floor & Decor is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
GOOGLE MAPS API AND GOOGLE'S INVISIBLE RECAPTCHA
This site uses the Google Maps API and Google's Invisible reCaptcha. By using this site, you are bound by Google's Terms of Service.
Floor & Decor may make employment information available through this Site. Floor and Decor is an equal opportunity employer. Floor & Decor provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Floor & Decor’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
If you have any questions about this agreement, please call us at 770-421-3705 / 877-675-0002 or use the contact us page at www.flooranddecor.com. Although Floor & Decor will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Floor & Decor does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Floor & Decor is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, e-mails, submissions to contests, images for Visualizer/Visualize It!, or "before and after" pictures and/or commentary) to Floor & Decor (the "Submissions"), the Submissions shall be deemed, and shall remain, Floor & Decor’s property. The Submissions shall not be subject to any obligation of confidentiality on the part of Floor & Decor and Floor & Decor shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Floor & Decor, you agree that Floor & Decor has the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
COPYRIGHT INFRINGEMENT NOTICES
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to David Christopherson, General Counsel, Floor & Decor, 2500 Windy Ridge Parkway SE, Atlanta, GA 30339 or by email to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Site.
SUSPENSION OR TERMINATION OF ACCESS
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
INFORMAL DISPUTE RESOLUTION
Either party asserting a Dispute (as defined below) shall first try to negotiate in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 business days from receipt in which to respond. The notice is required to include your name and contact information (including address, telephone number, and email address). It is also required to include sufficient for the Floor & Decor Parties (as defined below) to identify any transaction at issue and. a detailed description of (1) your Dispute, (2) the nature and basis of claim(s), and (3) the nature and basis of the relief sought. You must personally sign the notice. During this informal process, should the Floor & Decor Parties request an individualized telephonic conference to further the parties’ efforts to resolve the Dispute, you agree to personally participate along with your counsel if you are represented. Unless otherwise agreed in writing, the informal dispute resolution procedure will not exceed 90 days.
Notice shall be made by first class or registered mail (1) to Floor & Decor at 2500 Windy Ridge Parkway SE, Atlanta, GA 30339, Attn: Legal Department, or (2) to you at the postal address on file with Floor & Decor.
Both you and the Floor & Decor Parties agree that this informal dispute resolution procedure is a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this mandatory informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, either party may elect to have this issue decided by a court and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.
You agree that any legal dispute or claim between you and Floor & Decor, including its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns (collectively, the “Floor & Decor Parties”), arising out of, relating to or concerning any aspect of your customer relationship with Floor & Decor, this Site and/or this agreement, any communications between you and the Floor & Decor Parties, or your participation in any program or service provided by the Floor & Decor Parties (“Dispute”), shall be resolved only through an individual action. Dispute includes any dispute, action, claim, or other controversy between you and the Floor & Decor Parties, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute also includes all legal disputes or claims that arose before the existence of the Terms (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of the Terms. The term “Dispute” will be given the broadest possible meaning allowable under law.
CLASS ACTION WAIVER
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT ANY ACTION, LAWSUIT, ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL AND NOT A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. A DISPUTE MAY NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THE AGREEMENT AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF THEN NEITHER PARTY IS ENTITLED TO ARBITRATE SUCH CLAIM OR REQUEST FOR RELIEF. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (INCLUDING PUBLIC INJUNCTIVE RELIEF) AND ANY APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT, BUT SHALL BE STAYED PENDING RESOLUTION OF THE REMAINING CLAIMS.
The Informal Dispute Resolution provision and this Class Waiver shall survive any termination of the Terms and your relationship with Floor & Decor.
GOVERNING LAW, JURISDICTION AND OTHER TERMS
The Agreement and any Dispute shall be governed by, and interpreted, construed, and enforced in accordance with, the law of the State of Georgia which will govern without regard to principles of choice or conflicts of law. You agree that any permitted non-arbitrated disputes or claims between you and Floor & Decor arising from or related to the Site or this Agreement shall exclusively be resolved in a state court presiding over Atlanta, Georgia or, if the subject matter jurisdictional requirements can be satisfied, in the United States District Court for the Northern District of Georgia, and you irrevocably consent and submit to the personal jurisdiction and venue of such state and federal courts for any such dispute or claim. You waive any right that you may have to object to the personal jurisdiction or venue of such state and federal courts.
You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk.
You agree that Floor & Decor may at any time change the terms, conditions and notices under which this Site is offered. Such changes will be effective when posted. By continuing to access or use the Site, among other things, after we post any such changes, you accept the Terms as modified. If we make any future changes, they shall not apply to any Dispute for which you have previously provided notice to Floor & Decor. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Floor & Decor as a result of this agreement or your use of this Site. Floor & Decor’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Floor & Decor’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Floor & Decor with respect to such use.
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
If any provision of these Terms is found to be illegal or unenforceable, the remainder of these Terms shall continue to be fully valid, binding, and enforceable. Except as specifically provided in the Dispute resolution provisions above, these Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
Copyright © 2023 Floor and Decor Outlets of America, Inc.
All Rights Reserved.
Effective Date: June 30, 2023.
The FLOOR & DECOR word mark and logo are registered trademarks of Floor and Decor Outlets of America, Inc.