Terms of Service

FLOORING GUIDE WEBSITE TERMS OF USE
Prestige Marketing Inc. operating flooringguide.com, a company registered in Canada whose registered address is at 123-2323 Boundary Rd Vancouver, BC V5M 4V8, hereinafter referred to as ‘Flooring Guide’ or ‘We’ set out the following terms and conditions upon which Flooring Guide offers a Flooring Guide visitor herein referred to as ‘Flooring Guide User’, ‘You’ and ‘Your’ a license to use flooringguide.com (the ‘Site’) and any services available to You on the Site (‘Flooring Guide Services’) (the ‘Terms’). These Terms incorporate our Cookie Policy by this reference (collectively called the ‘License’). You are referred specifically to Clause 12 herein as local legislation and local codes do not apply to these Terms where You reside outside of Canada.

GENERAL
The Site and the Flooring Guide Services may include, but are not limited to, the provision of an online platform whereupon You can be provided with sociable, informative, fun an entertaining content by way of articles, blogs, pictures etc. across a variety of different categories in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated and shared publicly on or via the Site for Your use and for the use by other Flooring Guide Users or potential Flooring Guide Users across the social world-wide web (“Flooring Guide Services”).

By using the Site to access the Flooring Guide Services, You expressly agree to be bound by these Terms and all applicable laws and regulations. These Terms form a legally binding agreement between You and Flooring Guide and apply to all Flooring Guide Users.You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Flooring Guide Services. If You disagree with any part of these Terms, do not use the Site.

If You violate these Terms, Flooring Guide may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.  Flooring Guide reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page periodically. You agree that Flooring Guide will treat Your use of the Site to access the Flooring Guide Services as acceptance of the Terms including Your continued use subsequent to any changes being posted.

FLOORING GUIDE CONTENT ON THE SITE
Flooring Guide gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Flooring Guide Services that is provided to You by Flooring Guide as part of the Flooring Guide Services for the sole purpose of enabling You to use and enjoy the benefit of the Flooring Guide Services as provided by Flooring Guide, in the manner permitted by these Terms.

FLOORING GUIDE CONTENT ON THE SITE
All content and the selection and arrangement of such content on the Site constitutes “Flooring Guide Content” and is either owned by, or licensed to, Flooring Guide and is subject to copyright, trade mark rights, and other Intellectual Property Rights of Flooring Guide and licensors of Flooring Guide. Such Flooring Guide Content is protected by Canada copyright laws and international laws. Any third party trade or service marks present on Flooring Guide Content not uploaded or posted by You are trade or service marks of their respective owners. Such Flooring Guide Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Flooring Guide or, where applicable, the licensors of Flooring Guide. Flooring Guide and/ or its licensors reserve all rights not expressly granted in and to their Flooring Guide Content. Nothing herein gives You a right to use the Flooring Guide name or any of the Flooring Guide trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Flooring Guide, or the Flooring Guide Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.

GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, Flooring Guide grants You permission to access and use the Site and the Flooring Guide Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:

not to sell, license, rent, distribute or otherwise exploit any Flooring Guide Content for any other purposes without the prior written consent of Flooring Guide or the respective licensors of the Flooring Guide Content;
not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of Site or the Flooring Guide Services including but not limited to any Flooring Guide Content, in any medium without Flooring Guide’s prior written authorization, unless Flooring Guide makes available the means for such activity through the functionality offered by the Flooring Guide Services; not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; not to establish a link to the Site in any website that is not owned by You and authorized by Flooring Guide; not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; not to access Flooring Guide Content through any technology or means other than the Site or such other means as Flooring Guide may explicitly designate for this purpose; not to penetrate or attempt to penetrate Flooring Guide’s security measures; not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of Flooring Guide Content; or, (ii) enforce limitations on the use of the Flooring Guide Services or the accessible Flooring Guide Content; not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, Trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful; not to attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Flooring Guide User of the Site; not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

You are responsible for configuring Your information technology, computer programs and platform in order to access the Site. You should use Your own virus protection software.

PRIVACY AND CONFIDENTIALITY
These Terms incorporates our Cookie Policy by this reference which applies in full to Your use of Site to access the Flooring Guide Services.

AVAILABILITY AND SECURITY OF THE SITE
To ensure that You are kept entertained and up-to-date with what is going on out there, Flooring Guide shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal Canada working hours.

Unscheduled emergency maintenance may be required at any time. Flooring Guide agrees however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.

You acknowledge and agree that to improve the Site and the Flooring Guide Services, Flooring Guide may stop (permanently or temporarily) providing the Flooring Guide Services (or any features within the Flooring Guide Services) to You generally at Flooring Guide’s sole discretion, without prior notice to You.

Flooring Guide does not warrant the validity and accuracy of information on the Site or otherwise as part of the Flooring Guide Services or that the same is kept up-to-date.  The Site and its content and the Flooring Guide Services are delivered on an “as-is” and “as-available” basis. Flooring Guide shall use reasonable endeavors to ensure that the Site and the Flooring Guide Services and any information it holds on You are kept secure. However, due to the nature of the Internet, Flooring Guide does not represent or warrant to You that: Your use of Site and the Flooring Guide Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on them; Your use of the Flooring Guide Services will meet Your requirements; any information obtained or downloaded by You as a result of Your use of the Flooring Guide Services will be accurate, reliable or free of viruses or contamination or destructive features.

HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and Flooring Guide do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against Flooring Guide for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. Flooring Guide advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. Flooring Guide will not be liable for any loss or damage that may arise from your use of such links. “Losses” in this License shall be understood to mean any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

LIABILITY
Nothing in this Clause 8 shall exclude or restrict liability for:
fraudulent misrepresentations; any liability where the law does not permit such exclusion of liability; and,
death or personal injury arising from negligence.

Flooring Guide shall not be in breach of any of its obligations under these Terms, which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations.

Subject to Clause 8.1, Flooring Guide shall not be liable to You under any circumstances whatsoever in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of Site to access the Flooring Guide Services or, any Losses which may be incurred by You as a result of: any breach by You of these Terms or breach of warranty by You or Your acts or omissions including Your use of, or inability to use, Site and the Flooring Guide Services; any reliance placed by You on the completeness, accuracy or existence of any Flooring Guide Content; any changes which Flooring Guide may make to the Flooring Guide Services, or for any permanent or temporary cessation in the provision of the Flooring Guide Services (or any features within the Flooring Guide Services); the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and, the acts, omissions and conduct of any Flooring Guide Users in connection with or otherwise related to Your use of Site and the Flooring Guide Services.

The limitations on Flooring Guide’s liability to You in this Clause 8 shall apply whether or not Flooring Guide has been advised of, or should have been aware of, the possibility of any such Losses arising.

You shall indemnify and hold harmless Flooring Guide on demand, and shall keep Flooring Guide fully and effectively indemnified against any and all Losses incurred by or asserted against Flooring Guide, arising out of or in connection with: any breach of the License by You (other than and to the extent that any losses arise directly from breach of these Terms by Flooring Guide or through Flooring Guide’s negligence); and, any breach by a third party arising out of Your use of Site and/ or the interactive Flooring Guide Services.

Except as expressly set out in these Terms, Flooring Guide gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.

ENTIRE AGREEMENT/ SEVERABILITY
These Terms incorporate our Cookie Policy as applicable which together constitute the entire agreement between You and Flooring Guide in relation to Your use of Site and the Flooring Guide Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.

ASSIGNMENT
These Terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of your rights and obligations hereunder. Flooring Guide reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Flooring Guide or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

NO WAIVER
Failure by either Flooring Guide or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

LAW AND JURISDICTION
If You are not happy with the way Flooring Guide deal with any dispute or disagreement between You and Flooring Guide and You want to take court proceedings, You must do this within Canada.