These Terms and Conditions govern your use of thecarpetfresh.com (the “Site”) and any transactions you make with Carpet Fresh® (“we”, “us” or “our”). Please read them carefully before using the Site or making any purchases. By accessing the Site or making a purchase you are agreeing to be legally bound by these Terms.
1. Site Access & Use
Subject to compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Site for your personal, noncommercial use only.
You agree not to:
- Access areas of the Site that are not public domain or require registration without registering/logging in.
- Attempt to interfere with or disrupt the proper operation of the Site, including bypassing security measures, scraping content, or taxing or flooding our servers with requests.
- Use the Site for any illegal, immoral or unauthorized purpose.
- Attempt to modify, copy, distribute, display, reproduce, license, translate, reverse engineer, decipher, decompile or otherwise disassemble any part of the Site.
- Use any robot, spider, scraper or other automated means to access the Site.
- Frame, mirror or otherwise incorporate any part of the Site into any other website.
We reserve the right to terminate your access or suspend your account if we believe you are violating these Terms.
2. Intellectual Property Rights
The Site contains valuable trademarks, copyrights, proprietary content and intellectual property owned by us, our licensors and other third parties (“Intellectual Property”). You have no right or license to use any Intellectual Property for any purpose without the express written consent of the owner.
Carpet Fresh® and related logos are trademarks owned by us. You may not use our Intellectual Property without permission, including:
- Incorporating Carpet Fresh® or trademarks into your own product or service names
- Registering or using any domain names that contain our trademarks
- Copying, distributing or modifying any of our Intellectual Property
3. User Content
If you post, upload, display, transmit or otherwise share content with us (“User Content”), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to reproduce, publish, modify, translate, distribute, perform or display the User Content in any medium and for any purpose related to our business, including promotional and marketing uses.
You represent that you have the right and authority to grant us this license. You are solely responsible and liable for the User Content you provide.
We have no responsibility or liability for any third party’s unauthorized use of your User Content. The Site may allow you to remove or modify User Content for a limited time after posting. After that period, we reserve the right to remove content that violates these Terms.
4. Purchasing Products
You may purchase Carpet Fresh® products through the Site. By placing an order, you agree to:
- Provide true, accurate and complete information.
- Authorize us to verify information you provide.
- Authorize us to obtain updated or replacement payment account information from your credit card issuer to ensure future payments can be processed if your payment account expires or changes.
- Pay all costs and fees associated with your purchases in accordance with the chosen payment method, including any applicable taxes that we are required by law to collect.
If payment cannot be processed or is reversed, we reserve the right to cancel your order. We attempt to ensure product inventory levels on the Site are accurate, but occasionally we may be out of stock of certain products. You will be notified if a product you ordered is out of stock and your order canceled.
Risk of loss and title for any products you purchase passes to you when we transfer the products to the carrier.
5. Product Representations
We make reasonable efforts to provide accurate product images and information on the Site, but some variations may occur. We do not make any warranties about the accuracy or completeness of any product information, content, recommendations, guidance or advice. For any specific product guidance, we recommend checking the product packaging and labels.
Any sample products we provide are for promotional purposes only and may differ from final products.
6. Rejection of Orders
We reserve the right to cancel and refund your order, or not process future orders, if:
- We suspect the order is fraudulent, inaccurate or erroneous.
- We identify errors in pricing or product information.
- The product is out of stock.
- We have difficulty processing your payment.
- We suspect you are violating these Terms or misusing the Site.
7. Delivery Disclaimer
We will make reasonable efforts to deliver your order to you as soon as possible, but transit delays can happen. We are not liable for any damages arising from delayed shipments.
For any late, lost, stolen, or damaged shipments, we will cooperate with you on any refund or return requests you make directly to the applicable carrier.
8. Returns/Refunds
You may return unopened products in their original condition within 30 days of delivery for a full refund of the product’s purchase price. You are responsible for return shipping costs. We cannot process returns or refunds if the return conditions are not satisfied. Please contact Customer Service to start a return.
For defective, damaged, or incorrectly shipped products, contact Customer Service to initiate a return/refund. We may require photo evidence of damage or defects prior to approving a return.
Refunds are generally processed back to the original payment method within 5-7 business days of receiving the returned product.
9. Content Disclaimers
The content on the Site is for informational purposes only. We make no claims, promises, warranties or guarantees about the accuracy, completeness or adequacy of any content. Under no circumstances will we be responsible or liable for any loss or damage that may arise from the use of the Site or reliance on any content.
If you see any information you believe to be incorrect or out-of-date, please contact us at [email protected].
10. Limitations of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL CARPET FRESH®, ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF CARPET FRESH® AND ALL PARTIES ASSOCIATED WITH CREATING, ADVERTISING, PROMOTING, OR PROVIDING THE SITE TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CARPET FRESH® FOR PRODUCTS IN THE YEAR PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS SUCH AS THOSE IN THIS SECTION. TO THE EXTENT PERMISSIBLE UNDER LAW, THESE DISCLAIMERS AND LIMITATIONS APPLY REGARDLESS OF THEY ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
11. Indemnity
You agree to defend, indemnify and hold Carpet Fresh®, its affiliates and their respective directors, officers, employees, agents or content providers harmless from any damages, liabilities, claims and expenses, including reasonable attorneys’ fees, arising from any claim, suit or demand by a third party arising from: (a) any User Content you provide; (b) your use of the Site in violation of these Terms; (c) your violation of any applicable law or rights of another; or (d) your negligence or willful misconduct.
We reserve the right, at your expense, to assume the exclusive defense and control of any such claim or action and you agree to cooperate fully with us, at your expense, in defending any such matter.
12. Governing Law & Jurisdiction
These Terms are governed solely by the laws of the State of California, without regard to conflict of law rules. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in San Francisco County, California.
13. Severability
If any provision of these Terms is deemed unlawful, invalid or unenforceable by a court of law, then that provision will be deemed severed from these Terms and will not affect the validity of any remaining provisions.
14. Waiver
Any failure by us to exercise or enforce rights under these Terms does not constitute waiver of such rights.
15. Modification
We reserve the right to modify these Terms at any time without individual notice. Your continued use of the Site after changes to the Terms constitutes acceptance of the amended Terms. If changes are made, the “Last Updated” date at the top of this page will be updated.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Carpet Fresh®
123 Main St.
San Francisco, CA 94105
Email: [email protected]
Phone: 1-800-555-1234
These Terms were last updated on January 1, 2023.
