Terms & Conditions
This is a binding agreement between you ("you" or "Authorized User") and Carlson's Floors ("we," "us," or "Company"), the business that operates and sponsors this website. Please read these Terms and Conditions ("Terms") in full before accessing or using any part of the Carlson's Floors website, including any programs, tools, materials, or information made available through it or in connection with it (together, the "Site"). We make the Site available to you only on the condition that you accept these Terms in their entirety. If you do not agree to these Terms, you do not have permission to access or use the Site, and you should exit immediately.
1. License Grant
Subject to your ongoing compliance with these Terms, Carlson's Floors grants you a personal, limited, non-exclusive, non-transferable, revocable, royalty-free license to access and use the Site and any programs, tools, materials, or information it makes available. This license permits you to use the Site for your own personal or business purposes on a single computer or device and to access it over the internet or an online network. You may load Site content into your device's temporary memory and may print or download materials solely for your own personal or business reference, provided every copy you make retains all copyright and other notices that appear on it. If you are accessing the Site on behalf of a company or other organization, that organization's use of the Site may be governed by a separate agreement with Carlson's Floors; regardless, your own personal use remains subject to these Terms.
2. Restrictions on Use
This license is limited. Except as these Terms expressly allow, you may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, sublicense, or otherwise commercially exploit any content or data made available through the Site. You also may not translate, decompile, reverse engineer, create derivative works from, disassemble, broadcast, publish, remove or alter proprietary notices, mirror, frame, or grant a security interest in the Site or its content.
In addition, you agree not to:
Use a deep link, page scrape, bot, spider, or other automated tool (or an equivalent manual process) to access, copy, or monitor any part of the Site, or to circumvent its navigational structure to obtain materials not intentionally made available through normal use of the Site;
Attempt to gain unauthorized access to any part of the Site, including another user's account, or to any system or network connected to the Site, whether through hacking, password mining, or other improper means;
Probe, scan, or test the Site's vulnerabilities, or attempt to breach its security or authentication measures;
Trace or attempt to trace information about another visitor to or user of the Site;
Place an unreasonable load on the Site's infrastructure or on Carlson's Floors' systems or networks;
Use any device, software, or routine that interferes with the proper functioning of the Site or with anyone else's use of it;
Forge headers, impersonate another person, or otherwise disguise your identity or the origin of any message you send through the Site;
Harvest or collect email addresses or other contact information through the Site;
Market, resell, co-brand, or otherwise allow a third party to use the Site (or any part of it) without our prior written permission; or
Use the Site unlawfully or in any way that could damage, disparage, or otherwise harm Carlson's Floors.
3. User Obligations
By accessing or using the Site, whether to view our content or to submit information, you confirm that you are at least the age of legal majority and that any information you submit — including through a registration or contact form — is true, accurate, current, and complete. If you provide information that is false, inaccurate, or incomplete, we may terminate your access to the Site immediately.
You agree to comply with all applicable local, state, national, and international laws in connection with your use of the Site, and not to disclose any personally identifiable information you receive from us except as these Terms allow. Your use of the Site is also subject to any applicable export control laws and regulations.
You acknowledge that use of the internet, and any communication with or transmission to the Site, is at your own risk. While we work to keep the Site secure and reliable, we cannot guarantee the confidentiality of any communication or material sent to or from the Site over the internet, and we are not responsible for the security of such transmissions. You are responsible for your own use of the Site, including meeting any obligations you have to third parties, obtaining and paying for any software or hardware you need to use the Site, and backing up your own data. Any support, updates, or maintenance related to the Site is provided solely at our discretion or under a separate written agreement.
4. User-Submitted Content
If you submit content or information to us through the Site — for example, through a contact form, review, photo upload, or similar feature (a "Submission") — you grant Carlson's Floors a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to copy, reproduce, distribute, display, modify, and otherwise use that Submission in connection with operating the Site and our business, in any media or format now known or later developed.
You are responsible for obtaining, at your own expense, any consents or permissions needed for us to use your Submission as described above. We are not responsible for any delay or problem caused by your failure to obtain those rights or to provide your Submission accurately, and we assume no responsibility for storing or preserving any Submission.
5. Text Message (SMS) Communications
If you opt in to receive text messages from Carlson's Floors, message and data rates may apply, and your mobile carrier is not liable for delayed or undelivered messages. Message frequency varies depending on your interactions with us. Reply HELP for help or STOP at any time to cancel text messages.
6. Other Terms and Conditions
Additional notices, terms, or conditions may apply to specific programs, promotions, services, or features offered through the Site, and those additional terms are incorporated into these Terms by reference. You agree to follow any such additional terms. If a conflict exists between these Terms and terms posted for a specific part of the Site, the more specific terms control for that part of the Site. Any obligations we have regarding a particular program, service, or promotion are governed by the terms under which that program, service, or promotion is offered, and nothing here should be read to change those terms.
7. Username and Password Policy
Certain areas of the Site may require you to register with a username and password. Each username and password is intended for use by a single individual. Keeping your login credentials confidential helps prevent unauthorized use of your account, since anyone with your username and password can access the Site as you. You agree to keep your login information confidential, not to use another user's credentials, and to notify us immediately if you become aware of any unauthorized use of your account or any loss or theft of your password. Carlson's Floors is not responsible for any loss or damage arising from your failure to safeguard your login credentials, and we may change or deactivate a username or password at any time, with notice where reasonably practicable.
8. Privacy Policy
Certain features of the Site may require you to submit personal information. By using those features, you agree to our collection and use of that information as described in our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
9. Community Guidelines for Forums and Postings
The Site may include reviews, comment sections, or other interactive features that let users share content (collectively, "Forums"). If you use a Forum, you agree not to post or transmit content that:
interferes with or disrupts the Site or its operation;
defames, harasses, abuses, threatens, or otherwise infringes the rights of others;
infringes any copyright, trademark, trade secret, or other intellectual property or privacy right;
violates a contractual or fiduciary duty owed to another party;
is discriminatory, hateful, or offensive on the basis of race, religion, or similar characteristics;
encourages criminal conduct, creates civil liability, or otherwise violates any law;
amounts to anti-competitive coordination or an antitrust violation;
contains vulgar, obscene, or otherwise inappropriate language or images;
is harmful to minors;
promotes a product or service that competes with Carlson's Floors;
impersonates any person or entity, including our employees;
misrepresents your affiliation with Carlson's Floors or any other entity;
discloses another person's private information without consent;
is a chain letter, pyramid scheme, or similar solicitation;
is spam or unauthorized advertising;
is off-topic for the Forum in question; or
contains a virus, malicious code, or anything else that could damage a computer or network.
Because Forums are public or semi-public, we ask that you stay on topic, be respectful of other users, and avoid sharing personal details about yourself or others.
10. License to Use Your Postings
By submitting content to a Forum, you confirm that you have all rights necessary to share it, and you acknowledge that such content is not confidential once posted. We have no control over how others may use information once it appears on the Site. Making your content available on the Site does not make Carlson's Floors a publisher of that content — we merely provide the platform that allows you to post it. We are not responsible for preserving or backing up anything you post, and we recommend that you not post sensitive or confidential information in a Forum.
11. No Pre-Screening of Postings
We generally do not screen, monitor, or edit Forum content before it is posted, and we encourage users to exercise good judgment when reading or relying on anything posted by another user. We do not endorse, and make no representation about the accuracy or reliability of, any opinion, statement, or material posted by a user. That said, we may remove or take other action regarding content that we believe in good faith violates these Terms or is unlawful or harmful to Carlson's Floors, and we may warn, suspend, or terminate a user who violates these Terms. We also comply with applicable copyright law, including the Digital Millennium Copyright Act. If you believe content on the Site violates these guidelines, please contact us using the information in Section 24.
12. Intellectual Property Rights
These Terms grant you only a limited license to use the Site — they do not transfer any ownership interest in the Site to you. All text, graphics, interfaces, photographs, artwork, software, and other content on the Site, along with the selection, arrangement, and overall look and feel of the Site, are owned or controlled by Carlson's Floors (or our licensors) and are protected by copyright, trademark, trade secret, and other applicable laws. Except as expressly stated in these Terms, we do not grant you any right in our intellectual property, and unauthorized use of the Site may violate applicable law. The Carlson's Floors name and logo, and any other trademarks, service marks, or trade names appearing on the Site, are our property, and you may not use them without our prior written permission. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
13. Feedback and Submissions
If you send us feedback or suggestions about our products, services, or the Site, you confirm that your feedback does not infringe any third party's rights and that you have the right to share it with us. We may use any feedback you provide — including to develop, improve, or promote our products and services — without any obligation or payment to you, and you waive any claim to the contrary.
14. Links to Third-Party Websites
We may link to other websites for your convenience. We do not control, and are not responsible for, the content, accuracy, or practices of any third-party site, and a link does not mean we endorse that site or the products or services it offers.
15. Third-Party Products and Services
We may feature or advertise products or services provided by third parties on the Site. We make no representation or warranty regarding the quality, accuracy, or reliability of any third-party product, service, or material. Any dealings you have with a third party found through the Site are solely between you and that third party, and we are not responsible for any loss or damage resulting from those dealings.
16. Disclaimer of Warranties
THE SITE, AND ANY INFORMATION, SERVICES, OR MATERIALS AVAILABLE THROUGH IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY CONTAIN ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR CONTENT THAT USERS SUBMIT TO THE SITE. WE MAY CHANGE OR UPDATE THE SITE, OR THE INFORMATION AND MATERIALS AVAILABLE ON IT, AT ANY TIME. YOU USE AND RELY ON THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARLSON'S FLOORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17. Limitation of Liability
You release Carlson's Floors from any claim arising from circumstances beyond our reasonable control, including equipment or communication failures, computer viruses, unauthorized access, severe weather, labor disputes, or governmental action. TO THE FULLEST EXTENT PERMITTED BY LAW, CARLSON'S FLOORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THIS TYPE OF LIMITATION, SO IT MAY NOT APPLY TO YOU. IN ANY EVENT, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO CARLSON'S FLOORS, IF ANY, DURING THE THREE MONTHS BEFORE THE CLAIM AROSE.
18. Indemnification
You agree to defend, indemnify, and hold harmless Carlson's Floors and our employees, officers, and owners from any claim, damage, loss, liability, or expense (including reasonable attorneys' fees) arising from your breach of these Terms.
19. Taxes
You are responsible for paying, or reimbursing us for, any applicable sales, use, or similar taxes arising from your access to or use of the Site and any related products or services.
20. Security Breach Notification
If you become aware of, or are notified of, an actual or potential security breach involving personal information you obtained through the Site, you agree to notify us immediately and to reasonably assist us in investigating the breach, maintaining the confidentiality of the affected information, and complying with any legal notice requirements.
21. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. You and Carlson's Floors agree to the exclusive jurisdiction and venue of the state or federal courts located in Kane County, Illinois, for any dispute arising under or related to these Terms, and both parties waive any right to a jury trial in connection with such a dispute. Any claim you have against Carlson's Floors must be brought within two years after it arises, or it will be barred. We make no representation that the Site is appropriate for use outside the United States, and accessing it from a location where its content is illegal is prohibited. A printed copy of these Terms is admissible in legal proceedings to the same extent as other business records; contact us if you would like a printed copy.
22. Website Security Enforcement
Unauthorized or attempted unauthorized use of the Site may be subject to civil or criminal prosecution under applicable law, including the Computer Fraud and Abuse Act. We reserve the right to monitor activity on the Site and may disclose information gathered through monitoring in connection with a law enforcement investigation or as required by law. We may also modify, suspend, or discontinue any part of the Site at any time to protect the Site, our business, or our users.
23. Term and Termination
These Terms take effect when you first access or use the Site and remain in effect until terminated. We may deny you access to the Site at any time, for any reasonable cause — including suspected fraud or a violation of these Terms — and these Terms will terminate automatically if you fail to comply with them. You may stop using the Site at any time to end these Terms on your part. Provisions relating to intellectual property, feedback, indemnification, disclaimers, limitation of liability, and governing law survive termination.
24. Contact Us
Questions about these Terms or our Privacy Policy can be directed to:
Carlson's Floors 728 West State Street Geneva, IL 60134 Phone: 630-354-8304
25. General Provisions
A breach of these Terms may cause us harm that money alone cannot fix, so we may seek injunctive or other equitable relief in addition to any other available remedy, without needing to post a bond. These Terms are personal to you, and you may not assign your rights or obligations under them without our prior written consent. Our failure to enforce any part of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to reflect its original intent as closely as possible under applicable law. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Carlson's Floors. These Terms, together with our Privacy Policy, make up the entire agreement between you and Carlson's Floors regarding your use of the Site and supersede any prior agreements or communications on the subject.