Terms and Conditions
Terms and Conditions
Terms & Conditions
This website is owned and operated by The Wood Floor Pros, LLC (hereafter “Our”, “We”, “Us”, or “Company”). Our principal place of business is located at 1206 E Jeanne Ave., Salt Lake City, Utah 84121.
Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page are subject to change at any time.
You may use the Site for lawful purposes only. You agree to use the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on thewoodfloorpros.com is provided “as is” and “as available,” without representation or warranty of any kind. The Wood Floor Pros does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions.
Intellectual Property Notice
The Platforms and Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, all images, text, designs, graphics, logos, trademarks and service marks are owned by and property of The Wood Floor Pros, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third-party website including social media. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. You may not: establish: (i) a hyperlink, including a deep link, to any page or location on the Platforms/Services; or (ii) a frame containing any portion of the Platforms/Services, on any other website or text document with hyperlink capabilities without the express written permission of the Company; copy such content onto your or any other website or publication; or direct any other person to do any of the foregoing. We reserve the right to immediately remove your access to our Platforms and Services, without refund, if you are found to be violating this Intellectual Property Policy. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Use of the Site and Service
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service. In order to access the Platforms, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms. We are not responsible for delay or failure of our performance of any of the features of the Platforms caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website (including floor coloring and stain adhesion to particular wood), we do not guarantee results of any project. Color matching to samples will vary from dye lot to dye lot, and that hardwood, cork and bamboo are natural materials that will have color variations (including but not limited to variations between heartwood and sapwood, mineral streaks, and variations in the grain), and You agree to accept color variances that fall within industry-established ranges. You also agree that shading, pooling, water marking, shedding, fluffing or pile crushing are inherent characteristics of pile fabrics and do not constitute manufacturing defects. You acknowledge that subtle variations in color and surface texture may not be fully revealed when viewing products from a computer or other electronic device, and that actual products colors may vary from those depicted on a computer or other electronic device. Accordingly, customer agrees to assume the risk of minor color or textural variations in the materials. You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at [email protected]
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Salt Lake City, Utah. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled. If mediation is unsuccessful and submission to a court is required, the parties agree that the agreement is subject to Utah law and should be filed in Salt Lake City Utah*. The mediation requirement may be trumped based on written terms in a Contract with The Wood Floor Pros, LLC.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
This Agreement constitutes the entire agreement between You and The Wood Floor Pros pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by The Wood Floor Pros shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Us.
Law and Jurisdiction
This Agreement shall be construed in accordance with, and governed by, the laws of Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Limitation of Liability and Indemnification
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. The Wood Floor Pros is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these terms and conditions, or any use by You of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The Company may share the successful results of the Company, its users, or customers on the Platforms and Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Platforms and/or Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platforms and/or Services is a promise, warranty or guarantee to you of such results.
In no event shall Company have any liability to You, whether as a result of breach of contract, warranty, tort liability (including negligence), statute, common law, equity, strict liability or otherwise, and whether arising before or after the completion of the Work, for any indirect, consequential, incidental, liquidated, expectation, general, special, pecuniary, exemplary, or punitive loss or damage of any kind or nature whatsoever, including but not limited to damage to or loss of use of property, loss of profits or revenues, lost data or goodwill, and cost of purchased or replacement products, arising out of or in any way relating to this Agreement or the Work. In addition, You agree that any action against Company based in contract or warranty shall be commenced within eighteen (18) months of completion of the Work.
You also agree that Company shall not be liable under any legal theory for any damage of any kind or nature whatsoever with respect to the following:
• Dust. The flooring installation process may generate a considerable amount of dust that cannot be contained to the Work area. Company is not responsible for dust relating to or resulting from the Work. Customer is hereby warned to take adequate measures to protect Customer’s belongings and health from dust.
• Squeaks. Company cannot repair, and is not responsible for, existing floor squeaks, nor can Company guarantee that any attempt to repair such squeaks will be effective.
• Doors. Company is not responsible for cutting doors. Company may remove doors to install flooring, but Company is not responsible for damage to doors or for replacing doors if the Work does not provide adequate clearance for the doors.
• Walls & Baseboards. The condition of existing walls and molding is beyond Company’s control. In addition, the flooring installation process may result in stain or other materials coming into contact with walls and molding such as baseboards. Accordingly, Company is not responsible for damage to walls or molding relating to or resulting from the Work. Customer is responsible for any such damage and touch-up work. Customer is hereby warned to apply new paint and/or wallpaper after (rather than before) Company performs the Work.
• Carpet and Vinyl Seams. The visibility of seams is dependent upon the product, lighting, and seam direction. The adequacy of Company’s efforts to conceal seams shall be left to the sole discretion of Company, and Company shall not be responsible for claims that the seams have not been properly concealed.
• Sub-floors and Underlayment. Installing new hard surface floors without the recommended sub-floor and underlayment will void the installation and product warranties set forth above. Company is not responsible for issues arising from the floor structure or underlayment to the extent that the installation of these items was not part of the Work.
• Pre-existing Structural Issues. Company is not responsible for concealed structural issues, including but not limited to termite or water damage to the sub-flooring, which may be discovered after commencement of the Work. If concealed structural issues are discovered, the Work shall be suspended until Customer remedies the structural issue.
• Toilets. Unforeseen plumbing conditions may cause water leaks in connection with the removal of toilets to perform the Work. Company is not responsible for water leaks relating to or resulting from the Work. Customer is responsible for any such damage and repair work, including but not limited to water damage and the costs associated with hiring a professional plumber to repair the leak.
• Product Use. Company is not responsible for claims or damages relating to or resulting from normal wear and tear, product misuse or abuse, product modification, improper product selection, non-compliance with any laws, or product misappropriation.
• Color Variations. Company is not responsible for minor color or textural variations in the materials.
• Hazardous Substances. Company is not responsible for damages relating to or resulting from the identification, detection, abatement, encapsulation or removal of mold, asbestos, lead based products or other hazardous substances.
• Maintenance. Company is not responsible for damages relating to or resulting from Customer’s failure to provide reasonable maintenance, including but not limited to cleaning, sealing, painting and/or caulking the materials, as well as clearing debris from gutters or roofs.
• Other Causes. Company is not responsible for any damage caused by occurrences beyond the control of Company, including but not limited to settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, weathering, corrosive effects of salt air and chemical pollutants, fading, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquakes, hurricanes, ice dams, icicles and/or ice storms, atmospheric conditions or weather of catastrophic nature as defined by the US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution.
In addition, Company’s liability shall in all cases be limited to the amount of the Contract Price actually paid to Company for the Work giving rise to the claims asserted against Company. You further agree that Company’s officers, directors, shareholders, members, managers, affiliates, agents, attorneys, successors, and/or assigns shall not be personally liable for any claims or damages with respect to the Contract or the Work. You knowingly and intentionally relinquishes any claims or damages that are inconsistent with the liability limitations set forth in this Section of the Terms and Conditions.