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Terms of Service


Preamble

IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR PURCHASE OF PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY FLOOR PLAN IMAGING LLC ("WE", "US" OR "COMPANY"). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ("YOU" OR "CUSTOMER") ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE.

TERMS OF SERVICE ARE BINDING FOR ALL PURCHASES

All orders are deemed offers by Customer to purchase our Product. We may accept Customer offer by issuing a confirmation letter and/or shipping the Products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on Customer's assent to these Terms of Service. No other terms or conditions will apply.

Prices

All prices posted on this site are subject to change without notice. Prices prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.

Payment

All payments must be received by us prior to delivery of Product to Customer. We accept payment by check and money order. All sales are final. We may without liability cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with your payment.

Customer

Customer shall fully cooperate with Company that Product outlined hereunder is delivered on time and provide Company with reasonable and necessary access to Customer's unit photographs, information regarding the floor plan layout, dimensions, finishes and any other information as reasonably requested by Company in order to facilitate Company's performance of the services outlined. Customer warrants to Company that customer is:

Customer will use reasonable efforts to promptly and thoroughly respond to any notices that the Customer Content violates the Digital Millennium Copyright Act, 17 U.S.C 101 et. seq. (the "DMCA") or any other law, rule or regulation.

Modification and Changes

Customer shall have the right to request unlimited modifications to the product during Proofing. All modifications to the product during Proofing are limited to furniture arrangement, finishes, built in property features (such as fireplace design or built in bookshelves), and floor plan layout. Company will not make any modifications to make custom furniture match furnished model. Customer will be charged for any modifications after the final delivery has been made. Proofs are sole property of Company and cannot be used by customer for any marketing or commercial purposes. You may not sell, distribute, license, transfer, [publish, display, link, transmit, download, store or enter into the database in bulk or in any way exploit the content] "Proofing" shall mean the process of creating final Product prior to the approval by You.

Delivery

Final product shall be delivered via e-mail notification of a web host link and/or download on Company's website one week from final approval by customer. Product shall be hosted on Company's server for a period of one year from the delivery of the Customer e-mail notification.

Limited Warranty

Company does not warrant or make any representations regarding the results obtained by using the Product. Company cannot guarantee the reliability or accuracy of the content and strongly recommend hiring an architect or an engineer to guarantee such accuracy.

PRODUCT IS SOLD BY COMPANY "AS IS". COMPANY HEREBY ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER COMPANY EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

Company maximum liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of services fees paid by customer for the services from which the claim arose. In no event shall company be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, lost data or lost profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocation of risk set forth herein.

Indemnity

Customer shall indemnify and hold the Company harmless against any third party claim, including costs and reasonable attorney's fees, in which the Company is named as a result of the grossly negligent or intentional acts or failure to act by the Customer in connection to the use of the product, its employees or agents, while performing its obligations hereunder, which result in death, personal injury, or tangible property damage.

Branding and Marketing

Customer shall indemnify and hold the Company harmless against any third party claim, including costs and reasonable attorney's fees, in which the Company is named as a result of the grossly negligent or intentional acts or failure to act by the Customer in connection to the use of the product, its employees or agents, while performing its obligations hereunder, which result in death, personal injury, or tangible property damage.

Miscellaneous

Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We shall not be in default if our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond our reasonable control. We may revise or modify products, product information, or pricing without notice. We are not responsible for typographic, facsimile, or printing errors. We are an independent contractor.

These Terms of Service will be governed and interpreted pursuant to the laws of Arizona, United States of America, notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and Arizona arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Mesa, Arizona. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. To the extent a proposal, purchase order, confirmation letter, or the like is inconsistent with these Terms of Service, unless expressly agreed in writing otherwise, these Terms of Service will govern.

To obtain information about or to make a claim concerning performance of any warranty obligation you must contact us at the following address: PO Box #471 Higley, AZ 85236.

Last updated: June 11, 2014