THESE TERMS OF USE SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AS A USER OF THIS WEBSITE AND VALENCIA HARDWOODS, LLC (the “Company”) RELATING TO YOUR ACCESS TO AND USE OF THE SITE AND ALL MATERIALS POSTED THEREON.
Please read the Terms of Use carefully. By using this site, you represent and warrant that you are of legal age to form a binding contract with the Company, have read these Terms of Use and agree to be legally bound by these Terms of Use. If you do not meet all of these requirements, you must not access or use the site. Additional terms and conditions may apply to certain areas of the site. The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the site thereafter.
Accessing the site and Account Security
The Company reserves the right to withdraw or amend this website, and any service or material it provides, without notice. The Company will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the site, or the entire site, to certain users, including registered users; in any such circumstances, you are responsible for making all arrangements necessary for you to have access to the site and ensuring that all persons who access the site through your internet connection are aware of these Terms of Use and comply with them.
To access the site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current, and complete. You agree that all information you provide to register with this site or otherwise, is governed by the privacy policy set out below, and you consent to all actions the Company takes with respect to your information consistent with its privacy policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other party. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this site or portions of it using your user name, password, or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. The Company may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason.
Intellectual Property Rights
This site, and its entire contents, features, and functionality, are owned by the Company and its licensors or other providers of such material, all of which is protected by United States and international copyright laws and other laws protecting intellectual property or proprietary rights. To the extent that you provide us with any suggestions, feedback, or other information relating to our business (including suggested new products or improvements to existing products), you hereby grant to the Company a non-exclusive, royalty-free, perpetual, fully transferable and sublicenseable right and license to reproduce, distribute, use, and fully exploit such suggestions, feedback, and information.
These Terms of Use permit you to use the site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows: (a) your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print or download a reasonable number of pages of the site for your own personal use and not for further reproduction, publication, or distribution except as approved by the Company; (d) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided that you agree to be bound by our end user license agreement for such applications; and (e) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the terms Valencia Hardwoods™ and Floor Art® and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.
Prohibited Uses
You may use the site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the site: (a) in any way that violates any law or regulation; (b) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (c) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (d) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the site, or that may harm the Company or users of the site or expose them to liability.
Further, you agree not to: (1) use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site; (2) use any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site or interacting with users thereof in any way; (3) use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without the Company’s prior written consent; (4) use any device, software or routine that interferes with the proper working of the site; (5) introduce any viruses, trojan horses, worms, logic bombs, or other code or material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site; (7) attack the site via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the site.
Copyright Infringement
The Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any site content or User Contributions violate your copyright, please so notify the Company. You may request removal of those materials (or access thereto) from the site by submitting written notification to the Company. In accordance with the Online Copyright Infringement Liability Limitation Act, incorporated into the Digital Millennium Copyright Act, the written notice must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow the Company to locate that material; (iv) adequate information by which the Company can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
Privacy Policy
The Company will take reasonable precautions to keep your information private and confidential. We do not provide your information to parties outside our organization network. Only authorized employees, agents, and consultants (who have also agreed to keep your information confidential) have permission to access to this information. All information submitted by you to the Company through the website is submitted voluntarily by the user and may be used by the Company to fulfill any correspondence or business at the user’s request. The Company does not use contact information for e-mail or newsletter subscriptions without the user’s specific request. The website collects anonymous user traffic statistics for purposes of website traffic analysis. This tracking may be performed via cookies or java-script. Any third-party tracking (such as cookies from search engines) falls under the policy of third-party cookie provider. If you have any questions or comments regarding our privacy policy you may contact the Company at 1-800-369-9303 or info@valenciahardwoods.com. The Company reserves the right to revise this privacy policy at any time.
Links to and from the site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without the Company’s express written consent.
This site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this site; (b) send e-mails or other communications with certain content, or links to certain content, on this site; (c) cause limited portions of content on this site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided. You understand and agree that by activating such social media features, certain information may be shared between the site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. The Company reserves the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.
If the site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links, and social media features. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this site (including those enabled by social media features), you do so entirely at your own risk and subject to the terms and conditions of use (including privacy policies) for such websites.
Disclaimer of Warranties
The information presented on or through the site is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents. The Company may update the content on this site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. The information presented on or through the site is made available solely for general information purposes.
We may update the content on this site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
The Company disclaims all liability for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, or other harmful code or material that may infect your computer equipment, computer programs, or data as a result of your using this site or any downloaded data or linked site.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, owners, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the site, including, but not limited to, your User Contributions, any use of the site's content, services, products or other offerings other than as expressly authorized in these Terms of Use or your use of any information obtained from the site.
Governing Law; Jurisdiction
All matters relating to the site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by the law of the State of Texas. Any claim brought by you in connection with your access to or use of the site shall be subject to the exclusive jurisdiction of the state and federal courts in Travis County, Texas (which limitation shall not apply to any action taken by the Company to protect its proprietary or intellectual property rights.
Last updated 2/3/2017.