Terms of Service

1. ACCEPTANCE OF TERMS
   1.1. The access and use of the Vivid Floors B2B website is made available to the public and is subject to these Terms of Use (“Terms”). Please read the Terms carefully before you accept these Terms by the services offered therein in any manner and/or (c) placing an order in written form or through the Website. If you do not agree to all of the Terms, please refrain from placing an order and do not use this Website.
   1.2. Vivid Floors provides you access to different resources including technical support and product information (collectively referred to as “Services” within these Terms). These Terms will also govern your use of any new features that augment or enhance the current Services, including the release of new resources (unless different terms apply to such resources). Any personal information you provide through the Website will be dealt in accordance with Vivid Floors Privacy Policy.
2. CONFIDENTIALITY INFORMATION
   To gain access to the Services, you agree to these confidentiality provisions:
   2.1. You acknowledge that you may obtain direct access via the Website to certain Vivid Floors information (hereafter “Information” in these Terms). You may use the Information from the Website for the purpose of Consulting, Designing and Purchasing from Vivid Floors’ services.
   2.2. You do not acquire any rights of Information, except the limited right to use Information as described above.
   2.3. Any breach of Section 2 will result in irreparable harm to Vivid Floors for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Vivid Floors will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Vivid Floors seeks such an injunction.
   2.4. Your obligations regarding Information expire 2 (2) years after the date of disclosure. Upon termination of the Terms or Vivid Floors’ written request, you must cease use of Information and return or destroy all Information.
3. YOUR CONDUCT
   3.1. You understand that all information, data, messages, or other materials (hereafter “Content” in these Terms), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vivid Floors, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services (“User Content”). Vivid Floors does not control the User Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
   3.2. By submitting the User Content to Vivid Floors for inclusion on the Website, you grant Vivid Floors royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the User Content (including in digital form).
   3.3. Unless otherwise explicitly stated, herein, any User Content provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. Vivid Floors shall have no obligation of any kind with respect to such User Content and shall be free to use or disseminate such User Content on an unrestricted basis for any purpose. You have full responsibility for the User Content, including their legality, reliability, appropriateness, originality and copyright including messages, and personal or business web pages.
   3.4. You agree not to post or store on the Website any User Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
   3.5 Vivid Floors reserves the right to edit or remove User Content that we determine to be harmful, offensive or otherwise in violation of these Terms. Vivid Floors may also remove User Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. These Restrictions apply to all User Content provided to or through the Services.
   3.6. You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. In the event of such spamming, Vivid Floors is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Vivid Floors reserves the right to block, filter or delete unsolicited messages.
   3.7. You agree not to use the Vivid Floors domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the Services.
   3.8. You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Services to:
   3.8.1. copy, modify, host, stream, sublicense, or resell the Services in any manner;
   3.8.2. enable or allow others to use the Service using your Information;
   3.8.3. use the Content or the Services to construct any kind of database;
   3.8.4. access or attempt to access the Services by any means other than the interface we provided or authorized;
   3.8.5. circumvent any access or use restrictions put into place to prevent certain uses of the Services;
   3.8.6. share Content or engage in behavior that violates anyone’s Intellectual Property Right;
   3.8.7. upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
   3.8.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   3.8.9. attempt to disable, impair, or destroy the Services;
   3.8.10. disrupt, abuse, interfere with, or inhibit any other user from using the Services;
   3.8.11. engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
   3.8.12. place advertisement of any products or services within the Services unless otherwise permitted by Vivid Floors;
   3.8.13. use any data mining or similar data gathering and extraction methods in connection with the Services;
   3.8.14. use the Services or the Content to compete with us in any way whatsoever;
   3.8.15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to the Website from another accessible page);
   3.8.16. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
   3.8.17. collect or store personal data about other users.
4. OWNERSHIP, RIGHTS AND LIABILITY
   4.1. In the Vivid Floors Contact area, you have the opportunity to actively participate by creating, providing, sharing and uploading Personal Information to Vivid Floors such as comments, ideas or suggestions for new or improved projects and products, technologies, marketing/advertising campaigns, data, articles, documents that are subject to the Terms.Vivid Floors assumes no responsibility or liability over the sharing of information.
5. INDEMNITY
   5.1. You agree to indemnify and hold Vivid Floors, and its affiliates, officers, agents or partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your User Content, your use of the Services, your connection to the Services and your violation of the Terms.
6. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
   6.1. Vivid Floors may provide notices of changes to the Terms or other matters by displaying notices or links to notices to you, generally on the Website. Vivid Floors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice or with notice directly on the Website. Vivid Floors may make changes to the Online Store, regarding products, services, programs, and prices, at any time without notice. Vivid Floors, in its sole discretion, may terminate your use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Vivid Floors believes that you have violated or acted inconsistently within the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected with or without prior notice, and Vivid Floors may immediately deactivate or delete all related information and files and/or bar any further access to such files or the Services. Vivid Floors will not be liable to you or any third-party for any termination, modification, or suspension of the Services.
7. ADVERTISEMENTS AND THIRD-PARTY SERVICES
   7.1. Vivid Floors may run advertisements and promotions from third-parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Vivid Floors found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Vivid Floors is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Vivid Floors advertisers on the Services.
   7.2. The Website may provide links to third-party Internet sites or resources. Because Vivid Floors has no control over such sites and resources, you acknowledge and agree that Vivid Floors is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Vivid Floors is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Vivid Floors of those sites. Vivid Floors will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource.
   7.3. Vivid Floors may use a third-party service provider to manage and administer processes on the Website. This service provider may collect personal identifiable information about you to be able to provide services to Vivid Floors. Personal information collected by such third-party may be subject to such third-party’s privacy policy. We invite you to consult such third-party’s privacy policy and web terms of use prior to proceeding.
   7.4. Vivid Floors’ policy regarding cookies is dealt with in Vivid Floors Privacy Policy.
8. INTELLECTUAL PROPERTY RIGHTS
   8.1. The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third-party content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Vivid Floors or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on such third-party content, in whole or in part.
   8.2. All Content (except for the User Content) provided on this Website is provided by or to Vivid Floors by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of Vivid Floors and/or the Third-Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Vivid Floors or the Third-Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Vivid Floors. You also may not, without Vivid Floors’ prior express written permission, “mirror” any Content contained on this Website on any other server.
   8.3. Except for the license to the User Content, nothing on this Website shall be construed as conferring any license under any of Vivid Floors’ or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
   8.4. Third-party content or User Content has not been independently authenticated in whole or in part by Vivid Floors. Vivid Floors does not provide, sell, license, or lease any of the Third-Party or User Content other than those specifically identified as being provided by Vivid Floors.
9. DISCLAIMER OF WARRANTIES
   9.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.VIVID FLOORS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. VIVID FLOORS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE SERVICES OR THE CONTENT CONTAINED ON THE WEBSITE. IN NO EVENT WILL VIVID FLOORS OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
   9.2. VIVID FLOORS MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM VIVID FLOORS OR THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VIVID FLOORS OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS THROUGH VIVID FLOORS OR IN THE SERVICES WILL BE CORRECTED.
   9.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH VIVID FLOORS OR THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
   9.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVID FLOORS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. VIVID FLOORS EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
10. LIMITATION OF LIABILITY
    10.1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, VIVID FLOORS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF VIVID FLOORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH VIVID FLOORS OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
    10.2. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST VIVID FLOORS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM VIVID FLOORS AND THE USE OF THE CONTENT OR SERVICES.
    10.3. YOU AGREE TO HOLD VIVID FLOORS HARMLESS FROM, AND YOU AGREE NOT TO SUE VIVID FLOORS FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. GENERAL INFORMATION
    11.1. The Terms constitute the entire agreement between you and Vivid Floors and govern your use of the Services, superseding any prior agreements between you and Vivid Floors (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other Vivid Floors services. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Any obligations that expressly or by implication are intended to survive termination will survive.
    11.2. The laws of Arizona (United States) govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Vivid Floors agree to submit to the personal and exclusive jurisdiction of the courts located within the United States.
    11.3. Vivid Floors controls and operates this Website from its headquarters in Arizona (United States) and makes no representation that the Services or the Content is appropriate or available for use in other locations. If You use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
    11.4. This Website could include inaccuracies or typographical errors. Vivid Floors and the Third-Party Providers may make improvements and/or changes in the products, services, programs, and prices described in Written Contract or in this Website at any time with or without notice. Changes are periodically made to our Contracts and the Website. Vivid Floors may amend these Terms at any time by posting the amended terms to the Contract or on this site.
    11.5. The failure of Vivid Floors to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    12.6. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional communications.