Terms & Conditions

Copyrights
This Site and the materials within it are © 2009 Floor and Decor Outlets of America, Inc. ("Floor and Decor Outlets of America"). Viewing this Site creates a copy of Floor and Decor Outlets of America materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

Use License
Floor and Decor Outlets of America, Inc. grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Floor and Decor Outlets of America that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Floor and Decor Outlets of America relating to the sale of products or services to you through this Site, Floor and Decor Outlets of America will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Floor and Decor Outlets of America and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Floor and Decor Outlets of America aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Floor and Decor Outlets of America, the Floor and Decor Outlets of America logo or the other Floor and Decor Outlets of America formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Floor and Decor Outlets of America. Floor and Decor Outlets of America prohibits use of The Floor and Decor Outlets of America logo as part of a link to or from any site unless establishment of such a link is approved in advance by Floor and Decor Outlets of America in writing. Fair use of Floor and Decor Outlets of America’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Product Orders
While we will use our best efforts to fulfill all orders, Floor and Decor Outlets of America cannot guarantee the availability of any particular product displayed on this Site. Floor and Decor Outlets of America 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. While our goal is a 100% error-free Site, 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. Floor and Decor Outlets of America 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 (up stairs, rooftop etc.) we recommend that you select the "Special Shipping Arrangements" option on the Shipping Method page in checkout and complete the purchase of items in your order without specifying a specific shipping method.

 

Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than Floor and Decor Outlets of America. Such links are provided for your reference only. Floor and Decor Outlets of America does not control outside Sites and is not responsible for their content. Floor and Decor Outlets of America’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 Floor and Decor Outlets of America’s inclusion of the links imply that Floor and Decor Outlets of America is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Cautionary Statement Pursuant to the Private Securities Litigation Reform Act of 1995
Statements of Floor and Decor Outlets of America’s expectations for new stores, capital spending, sales growth, earnings performance and similar financial and operating measures found in press releases, SEC reports, and other materials found on this site constitute "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. Words or phrases such as "should result," "are expected to," "we anticipate," "we estimate" or "we project," as well as other similar expressions are intended to assist readers in identifying these forward-looking statements. Such statements are based on the currently available operating, financial and competitive information as of the date of such statements and are subject to various risks and uncertainties that could cause actual results to differ materially from the company's historical experience and its stated expectations. These risks and uncertainties include, but are not limited to, fluctuations in and the overall condition of the U.S. economy, stability of costs and availability of sourcing channels, conditions affecting new store development, the company's ability to attract, train and retain highly-qualified associates, unanticipated weather conditions, the impact of competition and regulatory and litigation matters. Undue reliance should not be placed on such forward-looking statements, as such statements speak only as of the date on which they are made.

Floor and Decor Outlets of America also may make employment information available through this Site. Floor and Decor Outlets of America is an equal opportunity employer. Floor and Decor Outlets of America provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Floor and Decor Outlets of America’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.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES AND TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF Floor and Decor Outlets of America OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NO WARRANTIES; EXCLUSION OF LIABILITY
Floor and Decor Outlets of America MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Floor and Decor Outlets of America 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. Floor and Decor Outlets of America SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL Floor and Decor Outlets of America, ITS AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Contacting Us
If you have any questions about this agreement, please call us at 1-877-675-0002, use the contact us page at www.flooranddecoroutlets.com. Although Floor and Decor Outlets of America, 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), Floor and Decor Outlets of America 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
Floor and Decor Outlets of America 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 forwarding "before and after" pictures and/or commentary) to Floor and Decor Outlets of America (the "Submissions"), the Submissions shall be deemed, and shall remain, Floor and Decor Outlets of America's property. The Submissions shall not be subject to any obligation of confidentiality on the part of Floor and Decor Outlets of America and Floor and Decor Outlets of America shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Floor and Decor Outlets of America, you agree that Floor and Decor Outlets of America has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes.

General
This Site resides on a server in Kennesaw, Georgia, USA. You agree that this agreement and your use of this Site are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Kennesaw, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Floor and Decor Outlets of America has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
.
With the prior agreement of Floor and Decor Outlets of America, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceeding shall be brought and held in Kennesaw, Georgia, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that Floor and Decor Outlets of America may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Floor and Decor Outlets of America as a result of this agreement or your use of this Site. Floor and Decor Outlets of America’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Floor and Decor Outlets of America’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Floor and Decor Outlets of America with respect to such use.

This agreement, the privacy and security statement, and terms of sale constitute the entire agreement between you and Floor and Decor Outlets of America with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Floor and Decor Outlets of America with respect to this Site. No modification of this agreement shall be effective unless it is authored by Floor and Decor Outlets of America, Inc. or its affiliates, or unless it is physically signed by a Floor and Decor Outlets of America officer. 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 Floor and Decor Outlets of America 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 Floor and Decor Outlets of America in printed form. As a courtesy, Floor and Decor Outlets of America, Inc. ("F&D") provides information to its customers concerning the installation of products sold by F&D and related issues. Such information is not exhaustive and does not take the place of an installer's expertise, due care and informed judgment. Floor and Decor Outlets of America, Inc. is not in the business of selling, arranging or scheduling flooring installation. Floor and Decor Outlets of America, Inc. 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.

Installation
Floor and Decor Outlets of America Installation Service is managed by The Home Service Store® (HSS®). Not all products are available in all locations. In certain states or counties, HSS is licensed or registered as a contractor. Those locations include FL (17845), RI (19953), CA (800861), AZ (ROC241999), OR (183271), Nassau County, NY (H1778250100), Suffolk County, NY (38568-H) and Westchester County, NY (WC-11418-H01).

Copyright © 2009 Floor and Decor Outlets of America, Inc.
All Rights Reserved. September 1, 2009.
Floor and Decor Outlets of America is a registered trademark of Floor and Decor Outlets of America, Inc.