Welcome to the Smartcore® Flooring website (the “Site”). The Site is owned and operated by Smartcore Flooring Inc (“Smartcore,” “we,” “us” and “our”).
Please read these Terms of Use carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with any part of these Terms, you may not access or use the Site.
1. Acceptance of Terms
By accessing or using the Site, you represent that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you may not access or use the Site.
We may modify these Terms at any time, and any modifications become effective immediately upon posting to the Site. By accessing the Site after modifications to the Terms are posted, you agree to be bound by the modified Terms.
You are responsible for reviewing and becoming familiar with any modifications to the Terms. We encourage you to review these Terms regularly for any modifications.
2. Use of the Site
A. Eligibility: The Site is not intended for users under the age of 18. You represent and warrant that you (i) are 18 years of age or older, (ii) have not been previously suspended or removed from the Site, and (iii) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
B. License to Use the Site: We grant you a limited, revocable, non-transferable, non-sublicensable license to access and use the Site in accordance with these Terms. This license does not include any right to (i) sell, resell or commercially use the Site or its contents; (ii) copy, reproduce, distribute, publicly perform or publicly display all or any portion of the Site, except as expressly permitted by us or authorized by applicable law; (iii) use the Site or its contents for any commercial purpose, other than your personal, non-commercial use; or (iv) interfere with or circumvent any security feature of the Site.
C. Restrictions on Use of the Site: You agree not to:
- Use the Site for any illegal purpose, in violation of any local, state, national or international laws.
- Violate or encourage others to violate any right of or obligation owed to a third party, such as by infringing or misappropriating intellectual property or violating confidentiality obligations.
- Post, upload or distribute marketing or advertising links or content, or any user content or information that is unlawful, defamatory, libelous, inaccurate, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable, as solely determined by Smartcore.
- Post, upload or transmit any data, materials, content or information that you do not have a right to transmit under any law or contractual obligation.
- Attempt to gain unauthorized access to computer systems owned or controlled by Smartcore or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
- Use any automated process, service, bot, crawler, spider, scraper, or other means to access, monitor, copy, distribute or modify the Site or its content.
- Obtain or attempt to obtain any materials, content or information through any means not intentionally made publicly available or provided for through the Site.
Smartcore has no obligation to monitor any user content posted, uploaded or distributed on the Site. However, we reserve the right to review, monitor, edit, modify, delete, disable access to or remove any user content at any time and for any reason in our sole discretion.
3. Intellectual Property Rights
A. Site Content: The Site contains content owned, controlled or licensed by Smartcore, including but not limited to designs, text, graphics, logos, audio clips, software, images and other material (collectively referred to as “Content”).
B. Copyright: The Site and Content are protected by U.S. and international copyright laws. You may access, download and print materials on the Site for non-commercial and personal use only, provided you do not modify the materials and you retain any and all copyright and other proprietary notices contained in the materials.
C. Trademarks: The Smartcore name, logo and other marks displayed on the Site are trademarks of Smartcore. All other trademarks appearing on the Site are the property of their respective owners.Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Smartcore’s or a third party’s trademarks.
4. User Content
A. User Content License: By posting or distributing user content to or through the Site, you grant Smartcore a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such content throughout the world in any media. You grant Smartcore the right to use the name submitted in connection with such content, if provided.
B. Prohibited User Content: You agree not to post or distribute any user content that (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content we deem unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any unsolicited or unauthorized advertising, solicitations for services, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (viii) contains any non-public information about Smartcore or any other company, including Smartcore’s or any other company’s business, employees, financial information, customers, products, or services; or (ix) that you do not have a right to make available under any law or under contractual or fiduciary relationships.
C. Representations Regarding User Content: You represent and warrant that any user content posted or distributed by you is original to you and does not copy material from any other work and does not and will not violate or infringe upon the intellectual property rights of any third party. We take no responsibility and assume no liability for any user content posted or distributed by you or any third party.
5. Third Party Content
The Site may contain content, advertising and promotions provided by third parties. The source of any third party content will be clearly identified. Third party content does not necessarily reflect the views or opinions of Smartcore. Smartcore does not assume any liability for third party content, goods or services advertised on the Site.
Any dealings or interactions you have with third parties found on or through the Site are solely between you and the third party. Smartcore is not responsible or liable for any loss or damage resulting from your dealings with any third party.
6. Links to Third Party Sites
The Site may contain hyperlinks to websites operated by parties other than Smartcore. The inclusion of hyperlinks does not imply endorsement by Smartcore of such websites or the content, products, advertising or other materials presented on such sites.
We do not control or actively monitor third party sites for any content or materials that may be illegal, inappropriate or otherwise offensive. Use of hyperlinks and access to any other website is at your own risk. We are not responsible for the privacy practices, data collection practices or content of any third party sites.
7. Disclaimer of Warranties
Your access, use and browsing of the Site is at your own risk. The Site, including all Site Content, is provided on an “as is” and “as available” basis without any warranties of any kind.
To the fullest extent allowed under applicable law, we make no representations or warranties of any kind regarding the Site or Site Content, whether express, implied, arising from course of dealing, usage of trade or otherwise. Smartcore disclaims any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus.
Smartcore makes no representations or warranties regarding the accuracy, currency, completeness, reliability, integrity, quality, legality or usefulness of any Site Content. Under no circumstances will Smartcore be liable for any loss or damage caused by use of or reliance on the Site.
8. Limitation of Liability
To the maximum extent permitted under applicable law, in no event will Smartcore, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential, exemplary or other damages, including damages for loss of profits, use, data or other intangible damages arising from or relating to access, use or inability to access or use the Site. Under no circumstances will Smartcore’s total liability for all damages exceed the total fees actually paid by you to Smartcore for use of the Site during the prior 12 months.
9. Indemnification
You agree to fully indemnify, defend and hold harmless Smartcore and its officers, directors, employees, agents, partners, suppliers, shareholders, and affiliates from and against any claim, liability, loss, damage, cost, expense (including without limitation reasonable attorneys’ fees) arising directly or indirectly from: (i) any user content you post, upload, use, distribute or otherwise transmit through the Site; (ii) your use of or access to the Site; (iii) your violation of these Terms; (iv) your violation of any third party rights, including any intellectual property rights or privacy rights; or (v) any misrepresentation made by you. You agree to cooperate fully with Smartcore in the defense of any claim.
10. Modifications and Service Availability
We reserve the right at any time to modify these Terms, Site Content or features of the Site. We may suspend, limit, revoke or discontinue any or all features, Content and services of the Site, temporarily or permanently, at any time without notice or liability to you.
Smartcore may terminate your access and use of the Site at any time, for any reason, with or without cause, with or without notice. In the event of termination, the restrictions on use of Content and all disclaimers and limitations of liability set forth in these Terms will survive.
11. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to principles of conflict of law. Any dispute arising out of or related to your use of the Site or these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. You consent to venue and personal jurisdiction in these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12. Miscellaneous
If any provision of these Terms is found to be unlawful, void, or unenforceable by court of competent jurisdiction, that provision will be deemed severable and will not affect the remaining provisions. No delay or failure to require performance of any provision in time of default shall constitute a waiver of that provision or any other provision. No waiver granted by Smartcore of any right, power or remedy in one instance will operate as a waiver in any other instance.
These Terms constitute the entire agreement between you and Smartcore relating to your access and use of the Site. Any cause of action relating to your access or use of the Site must be brought within one year after the claim arose.
