TERMS & CONDITIONS

Welcome to Elementfloors.com hereafter referred to as "Site". Before usage of this Site, you must read, understand and agree to be bound by the following policies and terms referenced, and any subsequent changes to the foregoing which may be made without notice. By using this Site, you signify your acceptance of these Terms & Conditions. If you do not agree with any part of the following Terms & Conditions, do not use this site. Element Floors Inc. ("Element") reserves the right to change or modify any of the terms and conditions contained in the Terms & Conditions or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site after the posting of its changes or modifications will constitute your acceptance of such changes or modifications. As you are subject to the current terms and conditions, you should frequently review the Terms & Conditions and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. These terms and conditions are also applicable to any transaction or purchase made with Element, as they are hereby conditioned as an extended use of this Site.

Element makes every effort to fulfill every order, however Element cannot guarantee the availability of any particular product displayed on this Site. Element reserves the right to discontinue the sale of any product listed on this Site at any time without notice, and product prices offered on this Site may vary from other advertised prices due to varying conditions in different markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, regardless of whether or not you reside in an area that is subject to such taxes in accordance with federal and state law, which will be added to your total invoice price, should such taxes be applicable to you. You are solely responsible for the cost(s) of any shipping and handling charges and state and local sales or use taxes that may apply to your order. It is Our goal to maintain a website without any error whatsoever, however we do not guarantee that any content is accurate or complete, including price information and product specifications, and Element reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted) at our exclusive discretion. As our customer, you are responsible for all costs related to shipping product to the location specified by you. It is your responsibility to provide contact information that allows the shipper to contact you once shipment has been made. Shipping rates are for standard pick-up from our location of order fulfillment and delivery to your specified location only. Additional storage and/or shipping charges including but not limited to return shipment, and other warehouse charges may apply if you cannot be contacted, or are not available to receive product, or if product is redirected upon your request; any such charges are the sole responsibility of the customer. If any shipping quote is incorrect at any time for any reason, Element shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed and/or whether or not payment has been remitted. You are solely responsible for inspecting freight for signs of damage and/or shortage upon receipt of goods. Improper inspection and lack of notation on the proof of delivery at the time of delivery may disclaim the carrier as well as Element of any order damages or shortages. All freight damages and losses must be reported to Element within ten (10) business days of receipt, if a date of receipt cannot be established, an assumed reasonable date of delivery and receipt will be established by Element. Element disclaims and shall not be liable for special or consequential damages or for any damages arising out of or caused by delays reasonable or otherwise, acts of God or the public enemy, the authority of the law, strikes, riots or quarantine, or the inherent nature of the goods that are transported. Due to the nature of flooring orders and delivery size, delivery of flooring products is "curbside" or first floor only. If you require special shipping arrangements with respect to your work site location and/or residence, please specify them at the time of your order. Element assumes no responsibility for claims or damages arising from difficulties or lateness with orders due to special delivery circumstances, previously indicated or otherwise.

All copyrighted and copyrightable materials on this Site, including, without limitation, the Element logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Content") thereof are the property of Element. Except as stated herein, none of the Content may be copied, reproduced, republished, distributed, downloaded, displayed, transmitted or posted in any form or by any means including, but not limited to electronic, mechanical, photocopying, recording, or otherwise without the written permission of Element.

Your use and viewing of this Site is at your sole risk. The site as a whole, and the content therein are available and provided on an "as is" and "as available" basis. Element makes no representations or warranties, neither express or implied, of any kind in respect to this site, the operation of this site, it's content(s), or information. By using this site and viewing the content therein, you thereby acknowledge that you have been advised by Element to undertake your own due diligence with respect to this site. ELEMENT EXPRESSLY DISCLAIMS, WITH RESPECT TO THIS SITE, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ELIGIBILITY FOR A PARTICULAR USE, MERCHANTABILITY, COMPLETENESS, ACCURACY, RELEVANCY, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM DEALING OR USAGE OF TRADE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ELEMENT, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Certain laws in certain states/regions do not allow limitations on implied warranties, or the exclusion or limitation of damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights to those contained herein.

Samples requested and sent to customers are sent in an effort to assist customers in product order selection. Samples received are not to be considered an exact representation of products and are only used as a general idea of product appearance. Hardwood flooring, as well as bamboo and cork are made of natural materials, and as such Element assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on this site are not meant to be exact representations of product appearance, and may vary depending on your chosen viewing device.

You agree to indemnify, defend and hold harmless Element and its agents, officers, directors, employees, consultants, and representatives from and against any loss, liability, cause of action, claim, demand, damages, costs or expenses including without limitation reasonable or otherwise legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any other entity or individual's use of this Site, including but not limited to any violation by you of the Terms & Conditions. Element reserves the right, to assume the exclusive defense and control of any matter, subject to you indemnification, which shall not excuse your obligatory indemnity of Element.

The section descriptions used in these Terms & Conditions are included for convenience only and will not limit or otherwise affect these Terms & Conditions.