Damages Policy

Prohibited Conduct

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.Product Orders
    Carpet City Flooring Center cannot guarantee the availability of any particular product displayed on this Site. Carpet City Flooring Center 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. Carpet City Flooring Center 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, in garage, basement, etc.), we recommend that you fill out the “Order Notes” option on the Shipping address 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 Carpet City Flooring Center store for pickup. Carpet City Flooring Center 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 Carpet City Flooring Center. Such links are provided for your reference only. Carpet City Flooring Center does not control outside Sites and is not responsible for their content. Carpet City Flooring Center’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 Carpet City Flooring Center ’s inclusion of the links imply that Carpet City Flooring Center is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Employment Information
Carpet City Flooring Center may make employment information available through this Site. Carpet City Flooring Center is an equal opportunity employer. Carpet City Flooring Center provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Carpet City Flooring Center’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.

Indemnification
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of this Site, your submissions to this Site, or any violation of these terms and conditions, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these terms and conditions and the termination of your use of this Site.

Disclaimer of Warranties
CARPET CITY FLOORING CENTER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CARPET CITY FLOORING CENTER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS MEANS THAT WE MAKE NO PROMISES THAT:
  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS, OR
  • THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

AS A COURTESY, CARPET CITY FLOORING CENTER PROVIDES INFORMATION TO ITS CUSTOMERS CONCERNING THE INSTALLATION OF PRODUCTS SOLD BY CARPET CITY FLOORING CENTER AND RELATED ISSUES. SUCH INFORMATION IS NOT EXHAUSTIVE AND DOES NOT TAKE THE PLACE OF AN INSTALLER’S EXPERTISE, DUE CARE AND INFORMED JUDGMENT. CARPET CITY FLOORING CENTER DISCLAIMS ANY LIABILITY ARISING FROM OR RELATING TO THE INFORMATION PROVIDED HEREIN INCLUDING, BUT NOT LIMITED TO, IMPROPER INSTALLATION, SITE CONDITIONS, INAPPROPRIATE INSTALLATION LOCATION OR IMPROPER CARE AND MAINTENANCE OF THE FLOORING.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitation on Liability
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).

Contacting Us
If you have any questions about this agreement, please call us at 715-842-2332 or use the contact us page at wwwcarpetcityonline.net. Although Carpet City Flooring Center 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), Carpet City Flooring Center 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.

Submissions
Carpet City Flooring Center 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, or “before and after” pictures and/or commentary) to Carpet City Flooring Center (the “Submissions”), the Submissions shall be deemed, and shall remain, Carpet City Flooring Center ’s property. The Submissions shall not be subject to any obligation of confidentiality on the part of Carpet City Flooring Center and Carpet City Flooring Center shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Carpet City Flooring Center , you agree that Carpet City Flooring Center 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.

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 and conditions. 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 and conditions that were in effect as of the date of your suspension or termination.

Choice of Law and Venue
This Privacy Policy is entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of Wisconsin’s choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Marathon in the State of Wisconsin and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees.

Severability
The invalidity or unenforceability of any provision of these Terms and Conditions does not affect the validity or enforceability of any other provision of these Terms and Conditions. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms and Conditions are to be construed as if the invalid provision had never been included in these Terms and Conditions.

General
You agree that Carpet City Flooring Center 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 use the Site after we post any such changes, you accept the terms and conditions as modified. 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 Carpet City Flooring Center as a result of this agreement or your use of this Site. Carpet City Flooring Center’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Carpet City Flooring Center ’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Carpet City Flooring Center 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 and conditions, 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.

This agreement, the privacy policy, and any terms of sale constitute the entire agreement between you and Carpet City Flooring Center with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Carpet City Flooring Center with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Carpet City Flooring Center in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Carpet City Flooring Center in printed form.

Copyright © 2015 Carpet City Flooring Center.
All Rights Reserved. September 28, 2015.
The CARPET CITY FLOORING CENTER word mark and logo are registered trademarks of Carpet City Flooring Cent