Terms of Use + Terms of Sale

Welcome to Floor9living.com, a website operated by Floor9living.com, LLC. The following is a legal agreement between Floor9living.com, LLC and their parents, subsidiaries and affiliates (collectively “Floor9living.com”) and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

Privacy

Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.

Permission to Use Content

Floor9living.com grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Floor9living.com or where expressly permitted. You agree not to use or resell Floor9living.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. In order to purchase products or services through Floor9living.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

Site Services

Floor9living.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Floor9living.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

Copyright

All content included on this site, such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of Floor9living.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Floor9living.com, LLC. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Floor9living.com.

Floor9living Member Conduct

To access many features on the site, and to purchase any goods or services, you may be required to create an account with Floor9living.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify Floor9living.com of any unauthorized access or tampering of your account or suspected breach of security.

You agree that any information you provide to Floor9living.com is truthful and accurate, and complete. You agree to not use Floor9living.com to upload, post, email, send, or initiate the sending of printed cards, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to Floor9living.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Floor9living.com for all claims resulting from any content you supply. By submitting content to Floor9living.com through web-based functions or via email, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Floor9living.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to floor9living.com for the sole purpose of delivering products and services.

You acknowledge that Floor9living.com is not obligated to prescreen content submitted by users, but that Floor9living.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Floor9living.com or to refuse to accept content for use in any products or services offered on or through Floor9living.com by any user that violates these terms of service or is otherwise objectionable in Floor9living.com’s sole judgment. Floor9living.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, Floor9living.com does not receive information it deems sufficient to evidence such rights, Floor9living.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that Floor9living.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Floor9living.com, its users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. Floor9livingFloor9livingIf, in Floor9living.com’s sole determination, you violate Floor9living.com’s Member Conduct policy, Floor9living.com may block you, and those using any email account associated with you from using any or all of the services available on Floor9living.com. Floor9livingFLOOR9LIVING.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY FLOOR9LIVING.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Purchase of Products or Services

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Floor9living.com does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a promotional offering are non-refundable.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL FLOOR9LIVING.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF FLOOR9LIVING.COM OR AN FLOOR9LIVING.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FLOOR9LIVING.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLOOR9LIVING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLOOR9LIVING.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLOOR9LIVING.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT FLOOR9LIVING.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Product Information Disclaimer

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Floor9living.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Floor9living.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

Unsolicited Submissions

Floor9living.com welcomes comments regarding its products and services. However, Floor9living.com’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Floor9living.com’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Floor9living.com. None of the Information shall be subject to any obligation of confidentiality on the part of Floor9living.com and Floor9living.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Notice

Floor9living.com has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Termination

This agreement will terminate immediately without notice from Floor9living.com if in Floor9living.com’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Floor9living.com and all copies thereof, whether made under the terms of this agreement or otherwise.

Disputes and Jurisdiction

In the event you violate these terms of use, in Floor9living.com's sole discretion, Floor9living.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Floor9living.com or to products you purchase through Floor9living.com shall be submitted to confidential arbitration in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate Floor9living.com’s intellectual property rights, Floor9living.com may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Floor9living.com.

Miscellaneous

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Floor9living.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

Copyright Agent

Floor9living.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Floor9living.com’s Copyright Agent and provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send your copyright information to:

ATTN: FLOOR | 9
1408 W 12th St, Suite 100
Kansas City, MO 64101