Last updated: January 1, 2020
Introduction
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Aldhurst® Flooring, Waterproof Rigid Core Flooring ( “Aldhurst”, “we”, “us”, or “our”) and its affiliates regarding our website aldhurst.shop (the “Site”), and any other online services, features, content, applications or widgets we offer (collectively with the Site, the “Services”). The Terms apply whether you access the Services via a computer, mobile or other device.
Please read the Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Eligibility
To access or use the Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key Terms
“Content” means text, images, photos, audio, video, location data, materials, information or other content that is posted, generated, provided or otherwise made available through the Services.
“User” means an individual who uses the Services. A User is also subject to a Registered User’s obligations under these Terms.
“Registered User” means a User who has registered an account on the Services.
Account Registration
You must register an account in order to access certain features or functions of the Services. When you register an account, you agree to:
- Provide accurate, current and complete account information.
- Maintain and promptly update your account information.
- Maintain the security of your password and account access.
- Accept all risks of unauthorized access to your account and the information you provide to us.
You are responsible for all use of your account, whether or not authorized by you. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damages from your failure to protect your login information.
Privacy Policy
Please review our Privacy Policy, which describes how we collect, use, disclose and protect your personal information. The Privacy Policy is incorporated by reference into these Terms.
Content Ownership and Use
Aldhurst owns all text, information, graphics, designs, data, selection and arrangement thereof, and all other protectable intellectual property available on the Site and Services.
The Services contain Content specifically provided by us or our partners and licensors. Except for Content posted by you, all other Content is the proprietary property of Aldhurst and our affiliates, users or licensors, with all rights reserved.
We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own non-commercial use. You have no right to sublicense the license rights granted in these Terms. The license does not include any resale or commercial use of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Services may not be reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express written consent.
Any unauthorized use immediately and automatically terminates the permission or license granted by Aldhurst. We may terminate your right to access or use the Services at any time, with or without cause.
User Content
By posting, uploading, inputting or providing any Content to any Services, you grant us and our service providers an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, display, store, adapt, publicly perform, distribute, modify and create derivative works from your Content. You represent and warrant you have all necessary rights to provide this Content and that the use of the Content does not violate these Terms and will not harm any other person or entity.
You further represent and warrant your Content is not false, inaccurate, misleading, defamatory, obscene, sexually explicit, invasive of another’s privacy, violate any rights of any third party, promotes illegal activity, related to gambling, contains software viruses or other harmful code, or is otherwise objectionable under our content policies or applicable law. We may remove any Content in our sole discretion for any reason.
Acceptable Use Policy
You must access and use the Services for legitimate, non-commercial purposes only. You shall not:
- Violate any laws, regulations, or third party guidelines in connection with your access or use of the Services;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services;
- Use the Services to defame, harass, threaten, impersonate, intimidate, mislead, or commit any other fraudulent activity;
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
- Engage in data mining or similar data gathering or extraction activities;
- Modify, adapt, translate, or reverse engineer any portion of the Services;
- Remove or alter any copyright, trademark, or other proprietary rights notices displayed on or in connection with the Services; or
- Employ any robot, spider, or other device to access, scrape, crawl, or index the Services in any non-transitory manner without our express written permission.
We reserve the right to refuse access to or terminate any User’s access to the Services at any time, with or without cause. You agree you will not engage in any activity prohibited by these Terms.
Purchases and Payments
You may purchase physical goods or digital services from Aldhurst or our partners through the Services. Additional terms and conditions may apply to your purchase. Please see our Purchase Terms and Conditions for more details.
You agree to pay all fees or charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Aldhurst will bill your indicated payment method or the account associated with your purchase. If payment cannot be charged to your primary payment method or your payment method expires or is declined, we may charge other payment methods on file.
You are responsible for keeping your payment information current, complete and accurate. We are not responsible for amounts not paid due to inaccurate or outdated payment information. If you pay late, fail to pay, or your payment cannot be processed, your account may be deactivated or suspended.
Disclaimers
Your access and use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Aldhurst makes no warranties or representations about the accuracy, reliability, completeness or timeliness of the Services or Content available through the Services. The Services may contain errors, problems or other limitations. We will not be liable for any loss of profits, loss of opportunity, loss of goodwill, loss of data, costs of procurement of substitute goods or services, or any indirect, special, incidental, exemplary, punitive or consequential damages arising out of or in connection with the use of the Services. This exclusion of liability applies even if Aldhurst knew or should have known of the possibility of damages.
Indemnification
You will indemnify, defend, and hold harmless Aldhurst and our officers, directors, agents, partners, suppliers, licensors, and employees, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees) that such parties may incur arising out of or relating to any of the following:
- Your Content;
- Your improper access or use of the Services;
- Your violation of these Terms;
- Your violation of any rights of any other person or entity; or
- Any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by you into the Services.
Limitation of Liability
Aldhurst and our officers, directors, agents, partners, suppliers, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, use, data, opportunity costs, intangible losses, or other economic advantage arising out of or in connection with the Services, even if we have been advised of the possibility of such damages.
In no event will our total liability arising out of or in connection with the Services exceed the amounts you have paid to use the Services during the three (3) months immediately preceding the time the cause of action giving rise to such liability arose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Termination
We reserve the right to suspend, deactivate or delete your account and prohibit access to our Services. We reserve the right to change, suspend, or discontinue any or all aspects of the Services at any time and without notice or liability. Sections which by their nature should survive termination of these Terms shall survive termination.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of them will be governed by the laws of the state of Delaware, United States of America, without regard to its conflict of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Delaware.
Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be modified to the least extent necessary to make it valid and enforceable. Such invalidity or unenforceability shall not affect any other portion of these Terms.
Entire Agreement
These Terms constitute the entire agreement between you and Aldhurst with respect to the subject matter hereof. These Terms supersede any prior or contemporaneous communications, proposals or agreements between you and Aldhurst on such subject matter.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]
