Terms of Use
1. Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. CMS Hardwood Flooring encourages you to print a copy of this Agreement for your records. The materials contained in this website are protected by applicable copyright and trademark law.
CMS Hardwood Floorings' Privacy Policy describes how CMS Hardwood Flooring may use your personal information. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to personal information being used as described in the Privacy Policy, please do not use or access the website.
By using the website, you represent and warrant that you have sufficient authorization to use the computer, mobile device, technology or other device you use to access the website. You represent and warrant that you have the authority to submit any data or information to CMS Hardwood Flooring and to allow CMS Hardwood Flooring to access and use any such data or information and you agree to indemnify and hold CMS Hardwood Flooring harmless for any claim challenging such authority.
2. Use License & Ownership
Permission is granted to temporarily download one copy of the materials (information or software) on CMS Hardwood Floorings' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on CMS Hardwood Floorings' website;
- Take any action to contest CMS Hardwood Floorings' intellectual property rights or infringe them in any way;
- Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the materials in any way;
- Access or use the materials for purposes of competitive analysis of the materials, the website, or of any part of CMS Hardwood Flooring;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by CMS Hardwood Flooring at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
CMS Hardwood Flooring shall own and retain all right, title and interest in and to (i) the materials, all improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed in connection with the materials, (iii) any suggestions, ideas, enhancements requests, feedback, recommendations, customer testimonials or other information provide by you relating to the materials or the website (collectively, “Feedback”), (iv) the data, documents, and information provided by you to CMS Hardwood Flooring to enable the provision of its materials, website, or other services (collectively, the “Data”), (v) text, photographs, graphics, and other material provided on the website or materials that are protected by copyright, trademark, or other proprietary rights of CMS Hardwood Flooring, and (vi) all intellectual property rights related to any of the foregoing. You hereby assign all right, title, and interest in and to the Feedback and the Data to CMS Hardwood Flooring.
3. Disclaimer
The materials on CMS Hardwood Floorings' website are provided “as is”. CMS Hardwood Flooring makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CMS Hardwood Flooring does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
CMS HARDWOOD FLOORING AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE, THE WEBSITE, SERVICES, SOFTWARE, OR MATERIALS, OR OTHERWISE ARISING OUT OF THIS AGREEMENT. YOU SHALL NOT BE ENTITLED TO DAMAGES BASED ON LOSS OF PROFIT, LOSS OR INTERRUPTION OF DATA OR COMPUTER TIME, ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF CMS HARDWOOD FLOORING IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OR FORESEEN SUCH POSSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, CMS HARDWOOD FLOORING AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES TOTAL LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES (WHETHER BASED ON TORT, CONTRACT, OR ANY OTHER THEORY) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO CMS HARDWOOD FLOORING UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
5. Revisions and errata
The materials appearing on CMS Hardwood Floorings' website could include technical, typographical, or photographic errors. CMS Hardwood Flooring does not warrant that any of the materials on its website are accurate, complete, or current. CMS Hardwood Flooring may make changes to the materials contained on its website at any time without notice. CMS Hardwood Flooring does not, however, make any commitment to update the materials.
6. Links
CMS Hardwood Flooring has not reviewed all the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CMS Hardwood Flooring of the site. Use of any such linked website is at the user’s own risk.
7. Site terms of use modifications
CMS Hardwood Flooring may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use. CMS Hardwood Flooring reserves the right, in its sole discretion, to restrict, change, suspend, or terminate access to all or any part of the website, including the availability of any feature, database, information, or content, at any time and without prior notice or liability.
8. Indemnity
(a) CMS Hardwood Flooring Indemnification. CMS Hardwood Flooring shall defend, indemnify and hold you harmless from and against any and all claims, suits, damages, liabilities, costs and expenses to the extent arising out of any claim that your use of the website infringes a United States patent, copyright, or trademark or misappropriates a trade secret of any third party, provided CMS Hardwood Flooring is promptly notified of any and all threats, claims and proceedings related thereto. In the event that the use of the materials or the website, or any portion thereof, becomes the subject of a claim of infringement or misappropriation, CMS Hardwood Flooring may (i) procure for you the right to continue using the website or materials, (ii) replace or modify the infringing portion of the website or materials, or (iii) terminate this Agreement. The foregoing obligations of CMS Hardwood Flooring do not apply with respect to the materials which are modified by you. THE FOREGOING STATES CMS HARDWOOD FLOORINGS' ENTIRE LIABILITY WITH RESPECT TO CLAIMS OF INFRINGEMENT BY THE SERVICES.
(b) Your Indemnification. You shall defend, indemnify and hold CMS Hardwood Flooring and its officers, directors, shareholders, employees, contractors, agents and representatives harmless from and against any and all claims, suits, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or resulting from (i) violation of this Agreement or law, or (ii) your use of the materials or the website.
9. Force Majeure
None of the parties in this Agreement will be liable for failure to properly conduct services outlined herein in the event of war, accident, riot, sabotage, fire, flood, epidemic, power outage, labor dispute, act of God, act of public enemy, malfunction or inappropriate design of hardware or software, failure of the Internet, utility power failure, products or services controlled by any third party, or any other cause beyond such party’s control.
10. Notice
Any notice, report, approval or consent required or permitted hereunder shall be delivered in writing, or mailed by registered or certified US mail, postage prepaid or reputable overnight carrier (e.g. Federal Express) to the address for CMS Hardwood Flooring set forth below and to the address for you associated with your account, or such other address as a party may designate by ten (10) days written notice delivered in accordance with this Section and shall be deemed given upon receipt.
If to CMS Hardwood Flooring: 6717 Schelee Ct NW, Rochester, MN 55901
11. Governing Law
Any claim relating to CMS Hardwood Floorings' website shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.