Privacy Policy
FlooringMarket.com Privacy Policy
Last Updated: January 28, 2025
Welcome to FlooringMarket.com (“we”, “our,” or “us”) website. We provide this Privacy Policy to inform you (sometimes referred to as a “visitor,” “user,” “customer,” “you,” or “your”) about the information that we collect about you directly through or from a website and other online or mobile services or applications that we link to this Privacy Policy (collectively, the “Website(s)”), or from telephone, facsimile, postal mail, personal delivery, or other additional offline means or media, e.g., you engaging with us on social media or with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person. This Privacy Policy also explains why we collect this information, how we use it, and when we share it with third parties, and describes the choices you may have regarding the use, access, and correction of information that you provide to us.
By providing us with personal identifiable information (such as your name, physical and mailing address, city, state, Zip Code, home, work or mobile telephone number, payment card information and billing address, and other information required to complete your purchase of Products from us, Secure User Account login credentials, and other information that you voluntarily provide to us in communications or during interactions with us on social media, with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person, or by email, written correspondence, or during a call (your “Personal Identification Information”)), you accept, without limitation or qualification, this Privacy Policy and agree to be bound by this Privacy Policy, including, but not limited to, the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision. If you do not agree to this Privacy Policy, do not provide us with any Personal Identification Information. Acceptance of this Privacy Policy constitutes a binding legal agreement between you and us.
This Privacy Policy is also incorporated into our Terms of Use and Terms of Sale, which must be reviewed and accepted by you as a condition of using, visiting, or browsing our Website and purchasing Products from us. Capitalized terms not defined herein have the meaning stated in the Terms of Use and/or Terms of Sale. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect and otherwise handle your Personal Identification Information, and your related choices, rights and responsibilities.
1. Users/COPPA (Children Online Privacy Protection Act).
Individuals under the age of 18 are not eligible to use our Websites. Any user using, visiting, or browsing any of our Website(s) or providing Personal Identification Information is certifying that he/she is over the age of 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
By using, visiting, or browsing a Website or providing information on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Privacy Policy, our Terms of Use (located at: www.flooringmarket.com/pages/terms-of-use), and Terms of Sale (located at: www.flooringmarket.com/pages/terms-of-sale). In that situation, “you” and “your” will refer to both you and that entity.
We are committed to protecting the privacy of children. The Website is not designed or intended to attract individuals under the age of 18, and we do not knowingly collect personal information online from visitors under the age of 18. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and our Terms of Use and provided us with personal information, please contact us so that we may take steps to remove that information from our servers. If we become aware that we have collected information from children without verification of parental consent, we will take steps to remove that information from our servers.
2. Changes to Our Privacy Policy.
We may from time to time update this Privacy Policy for any reason, and we expressly reserve the right to change this Privacy Policy and any provision herein. We will notify you of any material changes to this Privacy Policy by posting the new Privacy Policy on www.FlooringMarket.com and by changing the “Last Updated” date at the top. You are bound by any such revisions and should therefore periodically visit www.FlooringMarket.com to determine the then current Privacy Policy to learn of any revisions.
If the changes may have a fundamental impact on the nature of our processing activities or may otherwise substantially impact you, we may provide notice to you via email if you have provided an email address to us. You are responsible for making sure that we have your current email address.
If you have any questions, please contact us at privacy@FlooringMarket.com.
3. Information Collection.
Our Website can be used without revealing Personal Identification Information. To use certain Website features, you may be required to provide Personal Identification Information. You may also provide us with your Personal Identification Information by telephone, facsimile, postal mail, email, or other additional offline means or media, e.g., engaging with us on social media, engaging with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person, by email or other written correspondence, or during a call.
Except when payment card information is provided by you directly to our employee(s), we do not retain a copy of any payment card information or have access to this information once a transaction is completed. All payment card transactions with us are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices.
We may obtain from our order fulfillment and carrier partners, or others acting on our behalf, Personal Identification Information that you provide directly to them in connection with their provision of services on our behalf. This could include your delivery address, your home, work or mobile telephone number, other information required to complete delivery of your Products, or other personal information that you provide to them voluntarily in your communications or interactions with them, including, but not limited to information about your residence to assist them in completing the delivery of your Products.
If you actively communicate about or with us on social media, we may collect a copy of your communication. In order to enable us to do so, we contract with third parties for the provisioning of social listening services. Any information you post or disclose on social media is public and may be available to other users and the general public. Also, if you disclose any Personal Identification Information relating to other people to us or to our order fulfillment and carrier partners, by doing so, you represent that you have the authority to do so and to permit us to use the Personal Identification Information in accordance with this Privacy Policy.
In addition, we collect certain information from users of the Websites that does not reasonably identify, relate to, describe, associate with, or link, directly or indirectly, to a particular individual. Such de-identified data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, click stream information, and widget usage patterns (collectively, the “Aggregate Information”). We also collect de-identified Aggregate Information about users’ IP addresses to help diagnose problems with our server and to administer our Website.
We may use third-party analytics to evaluate your use of the Website, compile reports on activity and events, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to your interaction with the Websites and online services. These third parties use cookies, pixel tags, and other related tracking technologies to help analyze and provide us with the data. For example, pixel tags (also known as web beacons and clear GIFS) may be used to, among other things, track the actions of Website users, measure the success of our marketing campaigns and compile statistics about use of the Site and response rates.
By visiting and using the Websites, you consent to, to the extent permitted under applicable law, to the processing of data about you by these analytics in the manner and for the purposes set out in this Privacy Policy.
We may also use one or more third-party retargeting services providers to advertise on third-party websites to previous visitors to our Website. These third-party retargeting services providers use cookies to serve ads based on a past visit to the Site and may utilize cookies, pixel tags, and other related technologies. Any data collected by such third-party retargeting services providers will be used in accordance with this Privacy Policy. By visiting and using the Website, you consent to, to the extent permitted under applicable law, to the processing of data about you by these retargeting services providers.
We may collect and use information about your interactions with our Website across the devices you use. This process, known as “cross-device tracking,” enables us to associate your activity across multiple devices, such as smartphones, tablets, and computers, to provide a consistent user experience and for purposes such as analytics, personalization, advertising, and service optimization.
We may achieve this, directly or through third-party service providers, through techniques like identifying shared login credentials, using unique identifiers such as cookies or device IDs, or by other tracking technologies. For example, if you access our Website on your smartphone and later on your laptop, we may link those interactions to better understand your preferences and usage patterns.
4. Changes to Your Personal Identification Information.
You may create an account on a Website with login credentials (“Secure User” and “Secure User Account”). If you are a Secure User, you may log into your Secure User Account and change your Personal Identification Information or you may contact us at privacy@FlooringMarket.com to request changes to Personal Identification Information you have provided to us. If you are not a Secure User, you may contact us at privacy@FlooringMarket.com to request changes to Personal Identification Information you have provided to us.
5. Information Use.
We may use your Personal Identification Information and Aggregate Information to
a. personalize your experience with our services and on a Website, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Website,
b. deliver the Website and features desired by you,
c. improve the Website,
d. enable us to better serve you in responding to your customer service requests and inquiries, and provide customer support to you,
e. quickly process your transactions,
f. collect payment from you,
g. fulfill our contractual obligations to you,
h. allow you to participate in interactive features on a Website, like an online chat function,
i. improve, upgrade, and enhance the Website and performance of the Website, including customer survey responses, ratings and reviews,
j. follow up with you in connection with your use of our Website and services,
k. provide customized advertisements, content, and information,
l. audit related interactions with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and effectiveness of our marketing activities,
m. audit compliance with this specification and other standards,
n. internal research for technological development and demonstration,
o. send additional information related to Products and other products and services we offer, including, but not limited to, new and special order Products and services,
p. periodically email you about discounts, special promotions or upcoming events,
q. alert you to product recalls,
r. alert you to changes to the Privacy Policy,
s. alert you to a change of ownership of our company, in whole or in part,
t. monitor aggregate usage metrics such as total number of visitors, pages viewed, etc.,
u. track your entries, submissions, and status in any promotions or other activities,
v. verify and maintain the quality or safety of the Website, and its services and other related equipment, controlled by us,
w. debug to identify and repair errors that impair the Website’s intended functionality,
x. detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity,
y. comply with other legal obligations, for example, responding to legally binding requests from regulators, law enforcement authorities or other government authorities,
z. exercise our legal rights where necessary, for example, to detect, prevent, and respond to fraud, violations of law, or intellectual property infringement,
aa. perform and provide advertising and marketing services, including targeted advertising, and
bb. any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may obtain your consent to collect and use certain types of Personal Identification Information when we are required to do so by law. If we ask for your consent and you give it, you may withdraw your consent at any time by contacting us at privacy@FlooringMarket.com. We will inform you of the consequences of withholding or withdrawing consent when we ask for your consent and if you withdraw your consent.
6. Information Disclosure.
We do not sell, rent, trade, or disclose Personal Identification Information collected from our customers to third parties for their own direct marketing use. We expressly reserve the right to change this part of our Privacy Policy and, if we do, we will post a revised Privacy Policy with a new “Last Updated” date and we may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Secure User Account profile with us or by contacting us at privacy@FlooringMarket.com.
We may sell or disclose your Personal Identification Information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business or merge with at some future date. Should such a transaction occur, we may transfer your Personal Identification Information to a third party as part of that transaction. Should such a transaction occur, and the Privacy Policy changes, either we or the acquiring company will post a revised Privacy Policy with a new “Last Updated” date and, if there will be a material change to the Privacy Policy, we may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Secure User Account profile with us or by contacting us at privacy@FlooringMarket.com.
We may employ or engage other companies and individuals to perform business functions on our behalf. These persons may be provided Personal Identification Information or Aggregate Information required to perform their functions. These persons may engage in a variety of functions, including, but not limited to, analyzing data, providing marketing assistance, improving website design, performance, and functionality, providing legal or customer services, and other functions that we reasonably deem necessary for the further development of the functionality and usefulness of the Website. Other service providers will assist us with order fulfillment, including, but not limited to, processing payments, delivering Products to you, and supporting customer survey and warranty-related activities.
We may disclose your Personal Identification Information or Aggregate Information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect our rights and property or the rights and property of the public. We may use third parties to assist us to investigate, protect against and help prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity involving or affecting us, a Website, our services, our products or our customers. This may include disclosures to law enforcement, prosecutors, and other entities to investigate potential criminal activity and other civil violations. We may also use third parties to assist us to comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation or to protect our rights and property or the rights and property of the public.
We may disclose Aggregate Information to advertisers and other third parties for their research marketing, promotional, and marketing analysis purposes, such as trends or how many users clicked on a particular offer. This Aggregate Information may be shared with and used by third parties to help improve our services and our suppliers and carriers to better understand and serve our customers.
7. Cookie Policy.
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable our systems to recognize your browser as you (“Cookies and Tracking Technologies”). Our Website uses cookies to help us identify and track visitors, their usage of a Website, and their Website access preferences, and we may either directly or through a third party collect your IP address, device ID information, ISP provider, browser type, mobile device type and identifier, operating system, date and time of a visit or use, the pages visited on the Websites, and the actions you take on our Website. Our cookies only collect Personal Identification Information when you are logged into your Secure User Account on a Website.
The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. If users disable cookies in their browser, some features will be disabled and may not function properly, including features that make your site experience more efficient, and you will not be able to log in to the Website.
We use tracking technologies such as beacons, tags, and scripts to collect and track information and to improve and analyze our service. Certain sections of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary/Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and We only use these Cookies to provide you with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
- Analytics Cookies
Type: Persistent Cookies
Administered by: Third Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
We use Google Analytics, a remarketing technology, to allow us to reach out to you after you have left a Website by storing a cookie in your browser. If you do not wish for us to utilize this technology or you have any other questions about our Cookie Policy, please contact us at privacy@FlooringMarket.com. Google utilizes the data collected to track and examine the use of a Website, to prepare reports on its activities and share them with other Google services.
Google may use the data collected to contextualize and personalize the ads of its own advertising network. In connection with using Google Analytics we have implemented the following:
a. Google Display Network Impression Reporting
b. Demographics and Interests Reporting
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
Disabling these cookies may limit your ability to use the website fully. You can control and delete these cookies through your web browser settings.
8. “Do Not Track” Browser Settings.
We do not use technology that recognizes a “do-not-track” signal from your web browser, because we do not track users other than for aggregate statistical purposes. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may track your online activities over time and across third-party websites or online services using exclusively Aggregate Information.
Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
9. Opting Out of Communications.
If you have subscribed to or are otherwise receiving emails from us and no longer want to receive such emails in the future, you may opt-out of receiving these emails by clicking the “unsubscribe” link at the bottom of any of the emails you have received. Please allow ample time for us to process your request. If you are having difficulty unsubscribing, please contact us at privacy@FlooringMarket.com.
Even if you opt-out of receiving emails, you may still receive emails from us related to your interactions with us (such as confirmation of a registration or form submission) or otherwise as required by law. Also note that we may need to keep Personal Identification Information we have collected about you to respect your decision to opt-out, for record-keeping, research and other purposes.
If you have subscribed to or are otherwise receiving direct mail from us and no longer want to receive such communications in the future, you may opt-out of receiving these communications by contacting us at privacy@FlooringMarket.com.
10. Mergers/Acquisition.
For the purpose of developing and expanding our business, we may share, rent, sell or buy business assets. Should such a sale or transfer occur, customers’ Personal Identification Information is generally one of the transferred business assets. Also, in the event we or our assets are acquired in a merger or other similar transaction, customers’ Personal Identification Information will very likely be one of the transferred assets. As explained above, if such a sale, transfer, or merger occurs, and the Privacy Policy changes, either we or the acquiring company will post a revised Privacy Policy with a new “Last Updated” date, and you may receive additional notice if you have provided an email address to us. You are responsible for making sure that we have your current email address.
11. Security.
We endeavor to protect our customers’ Personal Identification Information and to maintain the quality and integrity of this data. This includes scanning our Website on a regular basis for security holes and vulnerabilities in order to make your use of a Website as safe as possible.
Your Personal Identification Information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your Personal Identification Information. To achieve information security and quality, we implement appropriate measures and processes, such as using encryption to the extent we transmit certain sensitive information.
Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data due to no fault of ours including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties or any unauthorized access to your Secure User Account on a Website due to third parties’ collection of your username and password from you.
All financial transactions are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices. We are not responsible for the third-party payment processors’ data security practices.
We will keep your Personal Identification Information for as long as we have a relationship with you. Once our relationship with you has come to an end, we reserve the right to retain your Personal Identification Information for a period of time that enables us to:
a. maintain business records for analysis and/or audit purposes,
b. comply with record retention requirements under the law,
c. defend or bring any existing or potential legal claims,
d. deal with any complaints regarding the services,
e. enforce our contractual obligations, and
f. respond to any inquiries from a law enforcement agency.
We may delete your Personal Identification Information when it is no longer required for any of these purposes.
12. Your State Privacy Rights.
State consumer privacy laws may provide their residents with additional rights regarding our use of Your Personal Identification Information. For instance, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
Confirm whether we process their personal information.
Access and delete certain personal information.
Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
Data portability right to obtain the specific pieces of personal information consumer previously provided.
Opt-out of personal data processing for:
targeted advertising (excluding Iowa);
sales of personal information; or
profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
Either limit (opt-out of) or require consent to process sensitive personal data.
Right to breach notification.
Right to non-discrimination.
Under California law, California residents have the right, after the covered business’s receipt of a verifiable request, to obtain a list of: (i) the specific pieces of the California resident’s personal information held by the covered business; (ii) the categories of the California resident’s personal information collected by the covered business, sold to third parties, or disclosed to third parties for business purposes; (iii) the categories of the California resident’s personal information sold within the last 12 months; (iv) the categories of the sources from which the California resident’s personal information is collected by the covered business; (v) the covered business’s business or commercial purpose for collecting or selling the California resident’s personal information; and (vi) the categories of third parties with whom the California resident’s personal information is shared, sold, or disclosed for a business or commercial purpose by the covered business.
Under Nevada Law, Nevada residents may submit an opt-out request regarding the sale of their personally identifiable information collected through a website or online service. As confirmed above, We do not sell our customers’ Personal Identification Information. Even so, you may make a verified request to confirm your opt-out of our sale of your personal information to third parties by submitting an email to privacy@FlooringMarket.com.
The exact scope of these rights may vary by state. A resident who wishes to exercise state privacy rights may submit a request to us by using the contact us feature on www.FlooringMarket.com, emailing privacy@FlooringMarket.com, writing to PO Box 360508, Columbus, Ohio 43236-0508, or calling 1-877-357-9663. We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, Secure User Account username, and any other information deemed necessary by us to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”
Pursuant to applicable state laws, a state resident may appoint an “authorized agent” to make certain verifiable requests on their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under applicable state law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
13. Policy Limitation.
We may provide links to outside websites. This Privacy Policy applies only to a Website and in no way represents any privacy policy related to information shared with anyone else’s website(s). If you elect to share information with an outside website linked through this Website, you should review the other website’s privacy policy.
14. Our Rights.
Except as provided for in the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision herein, to the full extent permissible by applicable law, we reserve all rights and remedies available to us in law or equity. Waiver by us, or inaction by us with respect to your breach of any provision of this Privacy Policy, or our failure to enforce any provision of this Privacy Policy will not be deemed a waiver of future compliance therewith or a course of performance modifying such provision, and such provision will remain in full force and effect as written.
15. Limitations on Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, FULFILLMENT AND CARRIER PARTNERS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, AND TRUSTEE IN BANKRUPTCY (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. COMPANY PARTIES DO NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND WE WILL HONOR THOSE RIGHTS ACCORDING TO APPLICABLE LAW.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY PARTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
16. Indemnity.
To the full extent permissible by applicable law, you agree to indemnify and hold harmless us and each of our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, and trustee in bankruptcy from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Privacy Policy; (b) your activities in connection with our services or a Website; or (c) unsolicited Personal Identification Information you provide to us.
17. Consent to Communication.
When you use a Website or send communications to us through a Website, you are communicating with us electronically using the Personal Identification Information that you provide to us. You consent to receive electronically our communications related to your use of a Website and other interactions with us. We may communicate with you by email, phone, text message, or by posting notices on a Website or on social media. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting information to us, creating a Secure User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we and our authorized agents may contact you at that address or number in a manner consistent with our Privacy Policy and all other applicable terms and conditions, including, but not limited to, our Terms of Use.
18. Dispute Resolution – Mandatory Arbitration and Class Action Waiver.
THIS SECTION REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT BY EITHER PARTY.
a. Informal Efforts to Resolve Dispute. For any dispute with us or anyone acting on our behalf, you and anyone acting on your behalf agree to first contact us and attempt to resolve the dispute informally, which could include agreeing to participate in mediation.
b. Arbitration Notice. THIS PRIVACY POLICY CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO PERSONAL IDENTIFICATION INFORMATION YOU HAVE SHARED WITH US MAY BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN A COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.
CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE CLAIMS ON BEHALF OF ANYONE ELSE, I.E., A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.
c. Acknowledgment of Binding Arbitration Clause. When you provide us with any information, including, but not limited to, Personal Identification Information, you acknowledge that you are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that you have read this Arbitration provision carefully, agree to its terms, and are providing your Personal Identification Information to us voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Privacy Policy and this binding Arbitration clause.
d. Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) your use of a Website for any purpose, (ii) any information, including, but not limited to, any Personal Identification Information provided by you to us or to anyone acting on our behalf, (iii) this Privacy Policy, including the validity, enforceability, interpretation, scope, or application of this Privacy Policy and this binding Arbitration provision, (iv) any use or disclosure of your Personal Identification Information by us or anyone acting on our behalf, and (v) the unauthorized use or disclosure of your Personal Identification Information by anyone other than us (collectively, a “Claim”) shall be decided, upon the election of you or us (or our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy), by binding Arbitration pursuant to this Arbitration clause and the applicable rules and procedures of the Arbitration administrator in effect at the time the Claim is filed.
e. The American Arbitration Association (“AAA”) shall serve as the Arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
f. Other Claims Subject to Arbitration. In addition to Claims brought by either you or us, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims made by or against (i) anyone acting on our behalf, including, but not limited to, our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy, or (ii) anyone acting on your behalf, shall be subject to Arbitration as described herein.
g. Exceptions. Claims that are excluded from this Arbitration provision are actions seeking injunctive relief and disputes related to our intellectual property. You further agree not to invoke the right to arbitrate any individual Claim that you bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court (the “Small Claims Court Exception”).
h. Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration provision may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by you and us in writing. We and our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment or carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy are considered as “one person.”
i. Arbitration Fees/Deposits. All Arbitration fees and deposits will be governed by AAA’s then applicable rules, including, but not limited to, who is responsible for payment of any fees and deposits.
j. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitrator shall follow the rules and procedures of the Arbitration administrator in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern.
Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceedings. The arbitrator shall only be empowered to grant relief that would be available in court under law or in equity. The arbitrator shall not be empowered to disregard the law to do equity.
At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. This Arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA.
19. Assignment.
You may not assign this Privacy Policy, by operation of law or otherwise, without our prior express written consent. We reserve the right to freely assign this Privacy Policy, and the rights and obligations hereunder, to any third party, including, but not limited to, a successor, without notice or consent. Subject to the foregoing, this Privacy Policy will be binding on, inure to the benefit of, and be enforceable against you and your respective heir(s) or successor(s).
20. Limitation of Time to File Claims.
ANY CLAIM RELATED TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR ACTIVITIES IN CONNECTION WITH THE WEBSITE OR THIS PRIVACY POLICY YOU MAY HAVE AGAINST US OR OUR OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, FULFILLMENT AND CARRIER PARTNERS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, OR TRUSTEE IN BANKRUPTCY THAT IS NOT COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATTER OF (I) THE ACCRUAL OF; OR (II) OUR OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) THE CLAIM, SHALL BE DEEMED BARRED.
21. Governing Law.
You agree that any dispute in connection with a Website or this Privacy Policy will be governed by the laws of the State of Ohio and the United States of America.
22. Severability.
If any provision of this Privacy Policy is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Privacy Policy will continue in full force and effect.
23. Contact.
FlooringMarket.com
privacy@FlooringMarket.com
PO Box 360508
Columbus, Ohio 43236-0508
1-877-357-9663
For customer service inquiries, including general questions about a Website or our company, please contact us at info@FlooringMarket.com.
We do not guarantee that we will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
24. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to a Website is accessible on such Website in a way that constitutes copyright or trademark infringement, please contact us by email at DMCALegal@flooringmarket.com or by regular mail at:
FlooringMarket.com
PO Box 360508
Columbus, Ohio 43236-0508
26. Difficulty Accessing Our Privacy Policy.
Individuals with disabilities who are unable to usefully access this Privacy Policy on a Website may contact us at the above-listed contact information to inquire how they can obtain a copy of our Privacy Policy in another, more easily readable format.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout
FlooringMarket.com Privacy Policy
Last Updated: January 28, 2025
Welcome to FlooringMarket.com (“we”, “our,” or “us”) website. We provide this Privacy Policy to inform you (sometimes referred to as a “visitor,” “user,” “customer,” “you,” or “your”) about the information that we collect about you directly through or from a website and other online or mobile services or applications that we link to this Privacy Policy (collectively, the “Website(s)”), or from telephone, facsimile, postal mail, personal delivery, or other additional offline means or media, e.g., you engaging with us on social media or with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person. This Privacy Policy also explains why we collect this information, how we use it, and when we share it with third parties, and describes the choices you may have regarding the use, access, and correction of information that you provide to us.
By providing us with personal identifiable information (such as your name, physical and mailing address, city, state, Zip Code, home, work or mobile telephone number, payment card information and billing address, and other information required to complete your purchase of Products from us, Secure User Account login credentials, and other information that you voluntarily provide to us in communications or during interactions with us on social media, with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person, or by email, written correspondence, or during a call (your “Personal Identification Information”)), you accept, without limitation or qualification, this Privacy Policy and agree to be bound by this Privacy Policy, including, but not limited to, the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision. If you do not agree to this Privacy Policy, do not provide us with any Personal Identification Information. Acceptance of this Privacy Policy constitutes a binding legal agreement between you and us.
This Privacy Policy is also incorporated into our Terms of Use and Terms of Sale, which must be reviewed and accepted by you as a condition of using, visiting, or browsing our Website and purchasing Products from us. Capitalized terms not defined herein have the meaning stated in the Terms of Use and/or Terms of Sale. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect and otherwise handle your Personal Identification Information, and your related choices, rights and responsibilities.
1. Users/COPPA (Children Online Privacy Protection Act).
Individuals under the age of 18 are not eligible to use our Websites. Any user using, visiting, or browsing any of our Website(s) or providing Personal Identification Information is certifying that he/she is over the age of 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
By using, visiting, or browsing a Website or providing information on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Privacy Policy, our Terms of Use (located at: www.flooringmarket.com/pages/terms-of-use), and Terms of Sale (located at: www.flooringmarket.com/pages/terms-of-sale). In that situation, “you” and “your” will refer to both you and that entity.
We are committed to protecting the privacy of children. The Website is not designed or intended to attract individuals under the age of 18, and we do not knowingly collect personal information online from visitors under the age of 18. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and our Terms of Use and provided us with personal information, please contact us so that we may take steps to remove that information from our servers. If we become aware that we have collected information from children without verification of parental consent, we will take steps to remove that information from our servers.
2. Changes to Our Privacy Policy.
We may from time to time update this Privacy Policy for any reason, and we expressly reserve the right to change this Privacy Policy and any provision herein. We will notify you of any material changes to this Privacy Policy by posting the new Privacy Policy on www.FlooringMarket.com and by changing the “Last Updated” date at the top. You are bound by any such revisions and should therefore periodically visit www.FlooringMarket.com to determine the then current Privacy Policy to learn of any revisions.
If the changes may have a fundamental impact on the nature of our processing activities or may otherwise substantially impact you, we may provide notice to you via email if you have provided an email address to us. You are responsible for making sure that we have your current email address.
If you have any questions, please contact us at privacy@FlooringMarket.com.
3. Information Collection.
Our Website can be used without revealing Personal Identification Information. To use certain Website features, you may be required to provide Personal Identification Information. You may also provide us with your Personal Identification Information by telephone, facsimile, postal mail, email, or other additional offline means or media, e.g., engaging with us on social media, engaging with us or our owners, subsidiaries, affiliates, partners, officers, employees, contractors or subcontractors, vendors, fulfillment and carrier partners or anyone else acting on our behalf in person, by email or other written correspondence, or during a call.
Except when payment card information is provided by you directly to our employee(s), we do not retain a copy of any payment card information or have access to this information once a transaction is completed. All payment card transactions with us are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices.
We may obtain from our order fulfillment and carrier partners, or others acting on our behalf, Personal Identification Information that you provide directly to them in connection with their provision of services on our behalf. This could include your delivery address, your home, work or mobile telephone number, other information required to complete delivery of your Products, or other personal information that you provide to them voluntarily in your communications or interactions with them, including, but not limited to information about your residence to assist them in completing the delivery of your Products.
If you actively communicate about or with us on social media, we may collect a copy of your communication. In order to enable us to do so, we contract with third parties for the provisioning of social listening services. Any information you post or disclose on social media is public and may be available to other users and the general public. Also, if you disclose any Personal Identification Information relating to other people to us or to our order fulfillment and carrier partners, by doing so, you represent that you have the authority to do so and to permit us to use the Personal Identification Information in accordance with this Privacy Policy.
In addition, we collect certain information from users of the Websites that does not reasonably identify, relate to, describe, associate with, or link, directly or indirectly, to a particular individual. Such de-identified data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, click stream information, and widget usage patterns (collectively, the “Aggregate Information”). We also collect de-identified Aggregate Information about users’ IP addresses to help diagnose problems with our server and to administer our Website.
We may use third-party analytics to evaluate your use of the Website, compile reports on activity and events, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to your interaction with the Websites and online services. These third parties use cookies, pixel tags, and other related tracking technologies to help analyze and provide us with the data. For example, pixel tags (also known as web beacons and clear GIFS) may be used to, among other things, track the actions of Website users, measure the success of our marketing campaigns and compile statistics about use of the Site and response rates.
By visiting and using the Websites, you consent to, to the extent permitted under applicable law, to the processing of data about you by these analytics in the manner and for the purposes set out in this Privacy Policy.
We may also use one or more third-party retargeting services providers to advertise on third-party websites to previous visitors to our Website. These third-party retargeting services providers use cookies to serve ads based on a past visit to the Site and may utilize cookies, pixel tags, and other related technologies. Any data collected by such third-party retargeting services providers will be used in accordance with this Privacy Policy. By visiting and using the Website, you consent to, to the extent permitted under applicable law, to the processing of data about you by these retargeting services providers.
We may collect and use information about your interactions with our Website across the devices you use. This process, known as “cross-device tracking,” enables us to associate your activity across multiple devices, such as smartphones, tablets, and computers, to provide a consistent user experience and for purposes such as analytics, personalization, advertising, and service optimization.
We may achieve this, directly or through third-party service providers, through techniques like identifying shared login credentials, using unique identifiers such as cookies or device IDs, or by other tracking technologies. For example, if you access our Website on your smartphone and later on your laptop, we may link those interactions to better understand your preferences and usage patterns.
4. Changes to Your Personal Identification Information.
You may create an account on a Website with login credentials (“Secure User” and “Secure User Account”). If you are a Secure User, you may log into your Secure User Account and change your Personal Identification Information or you may contact us at privacy@FlooringMarket.com to request changes to Personal Identification Information you have provided to us. If you are not a Secure User, you may contact us at privacy@FlooringMarket.com to request changes to Personal Identification Information you have provided to us.
5. Information Use.
We may use your Personal Identification Information and Aggregate Information to
a. personalize your experience with our services and on a Website, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Website,
b. deliver the Website and features desired by you,
c. improve the Website,
d. enable us to better serve you in responding to your customer service requests and inquiries, and provide customer support to you,
e. quickly process your transactions,
f. collect payment from you,
g. fulfill our contractual obligations to you,
h. allow you to participate in interactive features on a Website, like an online chat function,
i. improve, upgrade, and enhance the Website and performance of the Website, including customer survey responses, ratings and reviews,
j. follow up with you in connection with your use of our Website and services,
k. provide customized advertisements, content, and information,
l. audit related interactions with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and effectiveness of our marketing activities,
m. audit compliance with this specification and other standards,
n. internal research for technological development and demonstration,
o. send additional information related to Products and other products and services we offer, including, but not limited to, new and special order Products and services,
p. periodically email you about discounts, special promotions or upcoming events,
q. alert you to product recalls,
r. alert you to changes to the Privacy Policy,
s. alert you to a change of ownership of our company, in whole or in part,
t. monitor aggregate usage metrics such as total number of visitors, pages viewed, etc.,
u. track your entries, submissions, and status in any promotions or other activities,
v. verify and maintain the quality or safety of the Website, and its services and other related equipment, controlled by us,
w. debug to identify and repair errors that impair the Website’s intended functionality,
x. detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity,
y. comply with other legal obligations, for example, responding to legally binding requests from regulators, law enforcement authorities or other government authorities,
z. exercise our legal rights where necessary, for example, to detect, prevent, and respond to fraud, violations of law, or intellectual property infringement,
aa. perform and provide advertising and marketing services, including targeted advertising, and
bb. any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may obtain your consent to collect and use certain types of Personal Identification Information when we are required to do so by law. If we ask for your consent and you give it, you may withdraw your consent at any time by contacting us at privacy@FlooringMarket.com. We will inform you of the consequences of withholding or withdrawing consent when we ask for your consent and if you withdraw your consent.
6. Information Disclosure.
We do not sell, rent, trade, or disclose Personal Identification Information collected from our customers to third parties for their own direct marketing use. We expressly reserve the right to change this part of our Privacy Policy and, if we do, we will post a revised Privacy Policy with a new “Last Updated” date and we may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Secure User Account profile with us or by contacting us at privacy@FlooringMarket.com.
We may sell or disclose your Personal Identification Information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business or merge with at some future date. Should such a transaction occur, we may transfer your Personal Identification Information to a third party as part of that transaction. Should such a transaction occur, and the Privacy Policy changes, either we or the acquiring company will post a revised Privacy Policy with a new “Last Updated” date and, if there will be a material change to the Privacy Policy, we may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Secure User Account profile with us or by contacting us at privacy@FlooringMarket.com.
We may employ or engage other companies and individuals to perform business functions on our behalf. These persons may be provided Personal Identification Information or Aggregate Information required to perform their functions. These persons may engage in a variety of functions, including, but not limited to, analyzing data, providing marketing assistance, improving website design, performance, and functionality, providing legal or customer services, and other functions that we reasonably deem necessary for the further development of the functionality and usefulness of the Website. Other service providers will assist us with order fulfillment, including, but not limited to, processing payments, delivering Products to you, and supporting customer survey and warranty-related activities.
We may disclose your Personal Identification Information or Aggregate Information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect our rights and property or the rights and property of the public. We may use third parties to assist us to investigate, protect against and help prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity involving or affecting us, a Website, our services, our products or our customers. This may include disclosures to law enforcement, prosecutors, and other entities to investigate potential criminal activity and other civil violations. We may also use third parties to assist us to comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation or to protect our rights and property or the rights and property of the public.
We may disclose Aggregate Information to advertisers and other third parties for their research marketing, promotional, and marketing analysis purposes, such as trends or how many users clicked on a particular offer. This Aggregate Information may be shared with and used by third parties to help improve our services and our suppliers and carriers to better understand and serve our customers.
7. Cookie Policy.
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable our systems to recognize your browser as you (“Cookies and Tracking Technologies”). Our Website uses cookies to help us identify and track visitors, their usage of a Website, and their Website access preferences, and we may either directly or through a third party collect your IP address, device ID information, ISP provider, browser type, mobile device type and identifier, operating system, date and time of a visit or use, the pages visited on the Websites, and the actions you take on our Website. Our cookies only collect Personal Identification Information when you are logged into your Secure User Account on a Website.
The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. If users disable cookies in their browser, some features will be disabled and may not function properly, including features that make your site experience more efficient, and you will not be able to log in to the Website.
We use tracking technologies such as beacons, tags, and scripts to collect and track information and to improve and analyze our service. Certain sections of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
· Necessary/Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and We only use these Cookies to provide you with those services.
· Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
· Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
· Analytics Cookies
Type: Persistent Cookies
Administered by: Third Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
We use Google Analytics, a remarketing technology, to allow us to reach out to you after you have left a Website by storing a cookie in your browser. If you do not wish for us to utilize this technology or you have any other questions about our Cookie Policy, please contact us at privacy@FlooringMarket.com. Google utilizes the data collected to track and examine the use of a Website, to prepare reports on its activities and share them with other Google services.
Google may use the data collected to contextualize and personalize the ads of its own advertising network. In connection with using Google Analytics we have implemented the following:
a. Google Display Network Impression Reporting
b. Demographics and Interests Reporting
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
Disabling these cookies may limit your ability to use the website fully. You can control and delete these cookies through your web browser settings.
8. “Do Not Track” Browser Settings.
We do not use technology that recognizes a “do-not-track” signal from your web browser, because we do not track users other than for aggregate statistical purposes. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may track your online activities over time and across third-party websites or online services using exclusively Aggregate Information.
Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
9. Opting Out of Communications.
If you have subscribed to or are otherwise receiving emails from us and no longer want to receive such emails in the future, you may opt-out of receiving these emails by clicking the “unsubscribe” link at the bottom of any of the emails you have received. Please allow ample time for us to process your request. If you are having difficulty unsubscribing, please contact us at privacy@FlooringMarket.com.
Even if you opt-out of receiving emails, you may still receive emails from us related to your interactions with us (such as confirmation of a registration or form submission) or otherwise as required by law. Also note that we may need to keep Personal Identification Information we have collected about you to respect your decision to opt-out, for record-keeping, research and other purposes.
If you have subscribed to or are otherwise receiving direct mail from us and no longer want to receive such communications in the future, you may opt-out of receiving these communications by contacting us at privacy@FlooringMarket.com.
10. Mergers/Acquisition.
For the purpose of developing and expanding our business, we may share, rent, sell or buy business assets. Should such a sale or transfer occur, customers’ Personal Identification Information is generally one of the transferred business assets. Also, in the event we or our assets are acquired in a merger or other similar transaction, customers’ Personal Identification Information will very likely be one of the transferred assets. As explained above, if such a sale, transfer, or merger occurs, and the Privacy Policy changes, either we or the acquiring company will post a revised Privacy Policy with a new “Last Updated” date, and you may receive additional notice if you have provided an email address to us. You are responsible for making sure that we have your current email address.
11. Security.
We endeavor to protect our customers’ Personal Identification Information and to maintain the quality and integrity of this data. This includes scanning our Website on a regular basis for security holes and vulnerabilities in order to make your use of a Website as safe as possible.
Your Personal Identification Information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your Personal Identification Information. To achieve information security and quality, we implement appropriate measures and processes, such as using encryption to the extent we transmit certain sensitive information.
Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data due to no fault of ours including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties or any unauthorized access to your Secure User Account on a Website due to third parties’ collection of your username and password from you.
All financial transactions are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices. We are not responsible for the third-party payment processors’ data security practices.
We will keep your Personal Identification Information for as long as we have a relationship with you. Once our relationship with you has come to an end, we reserve the right to retain your Personal Identification Information for a period of time that enables us to:
a. maintain business records for analysis and/or audit purposes,
b. comply with record retention requirements under the law,
c. defend or bring any existing or potential legal claims,
d. deal with any complaints regarding the services,
e. enforce our contractual obligations, and
f. respond to any inquiries from a law enforcement agency.
We may delete your Personal Identification Information when it is no longer required for any of these purposes.
12. Your State Privacy Rights.
State consumer privacy laws may provide their residents with additional rights regarding our use of Your Personal Identification Information. For instance, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
· Confirm whether we process their personal information.
· Access and delete certain personal information.
· Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
· Data portability right to obtain the specific pieces of personal information consumer previously provided.
· Opt-out of personal data processing for:
· targeted advertising (excluding Iowa);
· sales of personal information; or
· profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
· Either limit (opt-out of) or require consent to process sensitive personal data.
· Right to breach notification.
· Right to non-discrimination.
Under California law, California residents have the right, after the covered business’s receipt of a verifiable request, to obtain a list of: (i) the specific pieces of the California resident’s personal information held by the covered business; (ii) the categories of the California resident’s personal information collected by the covered business, sold to third parties, or disclosed to third parties for business purposes; (iii) the categories of the California resident’s personal information sold within the last 12 months; (iv) the categories of the sources from which the California resident’s personal information is collected by the covered business; (v) the covered business’s business or commercial purpose for collecting or selling the California resident’s personal information; and (vi) the categories of third parties with whom the California resident’s personal information is shared, sold, or disclosed for a business or commercial purpose by the covered business.
Under Nevada Law, Nevada residents may submit an opt-out request regarding the sale of their personally identifiable information collected through a website or online service. As confirmed above, We do not sell our customers’ Personal Identification Information. Even so, you may make a verified request to confirm your opt-out of our sale of your personal information to third parties by submitting an email to privacy@FlooringMarket.com.
The exact scope of these rights may vary by state. A resident who wishes to exercise state privacy rights may submit a request to us by using the contact us feature on www.FlooringMarket.com, emailing privacy@FlooringMarket.com, writing to PO Box 360508, Columbus, Ohio 43236-0508, or calling 1-877-357-9663. We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, Secure User Account username, and any other information deemed necessary by us to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”
Pursuant to applicable state laws, a state resident may appoint an “authorized agent” to make certain verifiable requests on their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under applicable state law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
13. Policy Limitation.
We may provide links to outside websites. This Privacy Policy applies only to a Website and in no way represents any privacy policy related to information shared with anyone else’s website(s). If you elect to share information with an outside website linked through this Website, you should review the other website’s privacy policy.
14. Our Rights.
Except as provided for in the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision herein, to the full extent permissible by applicable law, we reserve all rights and remedies available to us in law or equity. Waiver by us, or inaction by us with respect to your breach of any provision of this Privacy Policy, or our failure to enforce any provision of this Privacy Policy will not be deemed a waiver of future compliance therewith or a course of performance modifying such provision, and such provision will remain in full force and effect as written.
15. Limitations on Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, FULFILLMENT AND CARRIER PARTNERS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, AND TRUSTEE IN BANKRUPTCY (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. COMPANY PARTIES DO NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND WE WILL HONOR THOSE RIGHTS ACCORDING TO APPLICABLE LAW.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY PARTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
16. Indemnity.
To the full extent permissible by applicable law, you agree to indemnify and hold harmless us and each of our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, and trustee in bankruptcy from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Privacy Policy; (b) your activities in connection with our services or a Website; or (c) unsolicited Personal Identification Information you provide to us.
17. Consent to Communication.
When you use a Website or send communications to us through a Website, you are communicating with us electronically using the Personal Identification Information that you provide to us. You consent to receive electronically our communications related to your use of a Website and other interactions with us. We may communicate with you by email, phone, text message, or by posting notices on a Website or on social media. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting information to us, creating a Secure User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we and our authorized agents may contact you at that address or number in a manner consistent with our Privacy Policy and all other applicable terms and conditions, including, but not limited to, our Terms of Use.
18. Dispute Resolution – Mandatory Arbitration and Class Action Waiver.
THIS SECTION REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT BY EITHER PARTY.
a. Informal Efforts to Resolve Dispute. For any dispute with us or anyone acting on our behalf, you and anyone acting on your behalf agree to first contact us and attempt to resolve the dispute informally, which could include agreeing to participate in mediation.
b. Arbitration Notice. THIS PRIVACY POLICY CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO PERSONAL IDENTIFICATION INFORMATION YOU HAVE SHARED WITH US MAY BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN A COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.
CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE CLAIMS ON BEHALF OF ANYONE ELSE, I.E., A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.
c. Acknowledgment of Binding Arbitration Clause. When you provide us with any information, including, but not limited to, Personal Identification Information, you acknowledge that you are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that you have read this Arbitration provision carefully, agree to its terms, and are providing your Personal Identification Information to us voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Privacy Policy and this binding Arbitration clause.
d. Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) your use of a Website for any purpose, (ii) any information, including, but not limited to, any Personal Identification Information provided by you to us or to anyone acting on our behalf, (iii) this Privacy Policy, including the validity, enforceability, interpretation, scope, or application of this Privacy Policy and this binding Arbitration provision, (iv) any use or disclosure of your Personal Identification Information by us or anyone acting on our behalf, and (v) the unauthorized use or disclosure of your Personal Identification Information by anyone other than us (collectively, a “Claim”) shall be decided, upon the election of you or us (or our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy), by binding Arbitration pursuant to this Arbitration clause and the applicable rules and procedures of the Arbitration administrator in effect at the time the Claim is filed.
e. The American Arbitration Association (“AAA”) shall serve as the Arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
f. Other Claims Subject to Arbitration. In addition to Claims brought by either you or us, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims made by or against (i) anyone acting on our behalf, including, but not limited to, our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy, or (ii) anyone acting on your behalf, shall be subject to Arbitration as described herein.
g. Exceptions. Claims that are excluded from this Arbitration provision are actions seeking injunctive relief and disputes related to our intellectual property. You further agree not to invoke the right to arbitrate any individual Claim that you bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court (the “Small Claims Court Exception”).
h. Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration provision may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by you and us in writing. We and our owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment or carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy are considered as “one person.”
i. Arbitration Fees/Deposits. All Arbitration fees and deposits will be governed by AAA’s then applicable rules, including, but not limited to, who is responsible for payment of any fees and deposits.
j. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitrator shall follow the rules and procedures of the Arbitration administrator in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern.
Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceedings. The arbitrator shall only be empowered to grant relief that would be available in court under law or in equity. The arbitrator shall not be empowered to disregard the law to do equity.
At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. This Arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA.
19. Assignment.
You may not assign this Privacy Policy, by operation of law or otherwise, without our prior express written consent. We reserve the right to freely assign this Privacy Policy, and the rights and obligations hereunder, to any third party, including, but not limited to, a successor, without notice or consent. Subject to the foregoing, this Privacy Policy will be binding on, inure to the benefit of, and be enforceable against you and your respective heir(s) or successor(s).
20. Limitation of Time to File Claims.
ANY CLAIM RELATED TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR ACTIVITIES IN CONNECTION WITH THE WEBSITE OR THIS PRIVACY POLICY YOU MAY HAVE AGAINST US OR OUR OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, FULFILLMENT AND CARRIER PARTNERS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, OR TRUSTEE IN BANKRUPTCY THAT IS NOT COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATTER OF (I) THE ACCRUAL OF; OR (II) OUR OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) THE CLAIM, SHALL BE DEEMED BARRED.
21. Governing Law.
You agree that any dispute in connection with a Website or this Privacy Policy will be governed by the laws of the State of Ohio and the United States of America.
22. Severability.
If any provision of this Privacy Policy is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Privacy Policy will continue in full force and effect.
23. Contact.
FlooringMarket.com
privacy@FlooringMarket.com
PO Box 360508
Columbus, Ohio 43236-0508
1-877-357-9663
For customer service inquiries, including general questions about a Website or our company, please contact us at info@FlooringMarket.com.
We do not guarantee that we will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
24. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to a Website is accessible on such Website in a way that constitutes copyright or trademark infringement, please contact us by email at DMCALegal@flooringmarket.com or by regular mail at:
FlooringMarket.com
PO Box 360508
Columbus, Ohio 43236-0508
26. Difficulty Accessing Our Privacy Policy.
Individuals with disabilities who are unable to usefully access this Privacy Policy on a Website may contact us at the above-listed contact information to inquire how they can obtain a copy of our Privacy Policy in another, more easily readable format.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout