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Terms and Conditions

The following Terms of Service (“Terms” ) govern the services provided to you by California Carpet, LLC, doing business as The Perfect Carpet (“ The Perfect Carpet” , “ we” , “ us” , and “ our” ), and your use of theperfectcarpet.com website and our associated monthly newsletters (“ Site” ).

We may, in our sole discretion, modify or revise these Terms and policies from time to time, without specific notice to you, by posting the amended Terms on this Site. Please read them carefully each time you visit the Site and before every purchase you make through the Site. You agree that your use of the Site after the date on which the Terms changed will be an indication of your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.

TERMS AND CONDITION OF SALE

I. TERMS OF SALE

1. We are not responsible for delays beyond our control such as late vendor shipment, trucking delays or delays caused by natural disaster. We will do our best to keep you informed of shipment status.

2. Customer shall assume all risk of loss or damage to materials upon their delivery to customer’s delivery address.

3. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO THE MATERIALS OR THE PERFORMANCE OF THE MATERIALS. WARRANTIES APPLICABLE TO MATERIALS ARE LIMITED TO THOSE PROVIDED BY THE MANUFACTURER. Any materials are sold on an “as is” and “with all faults” basis. Purchaser waives all warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In the event of a manufacturing defect, we will use reasonable efforts to expedite manufacturing-related claims in accord with the manufacturer’s warranty.

4. All textile fabrics have some degree of variability. It is normal for The Perfect Carpet material to have dye or textural variations from samples and from dye lot to dye lot. Such variations are not a basis for a defect claim.

5. RETURNS: Cancelled orders are subject to a 25% restocking fee plus return shipping if the material can be returned per vender’s return policy. Orders cannot be refunded after 30 days. Orders less than 25 linear feet cannot be returned. Carpet must be in original packaging and not damaged or modified from original shipped condition. Installed carpet is not returnable except as specified under the manufacturer’s warranty.

6. Except for the Limited Warranty set forth in paragraph 3 above, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO THE MATERIALS WARRANTIES APPLICABLE TO MATERIALS ARE LIMITED TO THOSE PROVIDED BY THE MANUFACTURER. THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PURPOSE ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.

7. Except for a breach of the Limited Warranty set forth in paragraph 3 above, and other than the remedy set forth in paragraph 5 above, IN NO EVENT WILL THE PERFECT CARPET OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT CARPET HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.

II. PRODUCT COLOR AND MATERIAL REPRESENTATIONS

We attempt to describe our products as accurately as possible. However, we cannot guarantee that product representations appearing on this Site are completely accurate. Colors and textures, as they appear on your computer monitor, may vary slightly from the actual materials. To assist in receiving an order that satisfies your needs, please order samples before placing your order.

III. CANCELLATIONS

Customer may cancel an order if the carpet has not shipped. Once the carpet has shipped, cancellations are subject to return policy detailed in paragraph 5.

IV. PAYMENT AND SALES TAX

We reserve the right to reject, at our discretion, any method of payment. Acceptable methods of payment are identified during the checkout process. We collect applicable sales tax on all orders shipped to California.

V. PRICING

All prices on the Site are subject to change and/or correction at any time.

VI. DELIVERY

Carpet will ship via ground freight. Shipping will be to customer’s installation company unless specified in advance. In some cases, we may be able to ship directly to the customer’s residence there will be limitations on shipment size and additional shipping costs may incur.

VII. SHIPPING DAMAGE

If your carpet appears to be damaged upon delivery, refuse delivery of the carpet from the shipper and call or email (customerservice@theperfectcarpet.com) us immediately. If the carpet is delivered when you are not at home, leave the carpet in the original packaging and call The Perfect Carpet. We will arrange for pick-up of the material, handle any damage claim with the shipper and arrange for a replacement.

Open and inspect your carpet as soon as you receive it. Any damage to the carpet must be reported immediately.

A few steps to perform upon receipt of products from a Freight Carrier:

• Check to ensure everything is there. DO NOT sign for delivery until you have completely inspected the carpet.

• If something is missing, note it on the bill of lading.

• Check for obvious signs of damage. If you note something that looks damaged, first bring it to the driver’s attention. Open that package, and carefully inspect the product. Note any damage directly on the bill of lading.

Have the delivery person confirm the missing goods or damage by signing the Bill of Lading. If you are unable to inspect the product then sign your Bill of Lading," received subject to inspection."

Keep a copy of the bill of lading.

Exceptions

Please note: On rare occasions, there may be delays due to out-of-stock materials, inventory taking, shipping delays, and temporary factory overload or factory closures. You will be notified via email if there is a delay in shipping your carpet.

Alaska, Hawaii and Canada

Shipments to Alaska, Hawaii and Canada, additional shipping charges will apply which will be quoted prior to shipment. We do not offer shipping outside the United States (except to Canada), or to APO/FPO addresses, Guam or Puerto Rico.

VIII. THESE TERMS AND CONDITIONS OF SALE MAY CHANGE

We reserve the right to update or modify these terms and conditions of sale at any time without prior notice to you. Your use of the Site following the date of such change constitutes your agreement to be bound by the terms and conditions as changed.

TERMS & CONDITIONS FOR USE OF OUR SITE

I. ACCEPTANCE AND ELIGIBILITY

These Terms apply to all visitors of the Site. By using the Site or by making a purchase through the Site, you signify your acceptance both to these Terms and to our Privacy Policy, which is incorporated by reference into these Terms and made a part hereof. If you do not agree to these Terms, we ask you to please discontinue your use of the Site. References to “content” herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, all newsletters or similar content, as well as all text, images, photos, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by the Site. We reserve the right, in our sole discretion, to modify or revise any Site content, at any time. Our Site is not intended for anyone under 18 years old. By using the Site or registering to receive our newsletters, you are representing that you are at least 18 years old. You must be 18 years or older in order to place an order.

II. OUR NEWSLETTER

You do not have to register with us to view this Site. To register for our newsletters you need only provide us your name and email address. If at any time you wish to unsubscribe to the newsletters, please follow the steps provided in the newsletter email on how to unsubscribe.

III. USE OF THE SITE

Subject to these Terms, The Perfect Carpet grants you permission to use the Site, access its newsletters, and make purchases solely for your use as intended through the normal functionality of the Site. If you violate any of these Terms, we may, at any time, revoke permission to use the Site and terminate your account. The Perfect Carpet reserves the right to discontinue or make modification to the Site at any time. Except for allowing you to use the Site for your personal use as set forth above, when you use the Site, you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of The Perfect Carpet. We reserve all rights not expressly granted, in and to the Site, our Newsletters and their content.

IV. RESTRICTIONS ON USE

In your use of the Site you agree that you will not: 1. Use the Site or newsletters for any illegal activity or to violate laws in your jurisdiction 2. Exploit the Site to access unauthorized information 3. Modify the Site content 4. Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content on the Site or in the newsletters, in whole or in part, without our prior written consent 5. Engage in or contribute to any wrongdoing that may create any liability for us 6. Harm minors in any way or solicit personal information from anyone under 18. 7. Use the Site to infringe or violate ours or any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right 8. Provide false or deceptive information, or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity 9. Use any email address that you do not have authorization to use, to sign up for our newsletters 10. Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein 11. Decompile, disassemble, or reverse engineer any portion of the Site, except as may be permitted by law 12. Process, collect or record user information or Site content, or otherwise access the Site without our permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications 13. Contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods 14. Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature

V. OWNERSHIP

All intellectual property rights in the content of the Site (including copyrights, trademarks, trade secrets and patents) are the property of California Carpet, LLC unless indicated otherwise. The Site and material published on the Site are owned by us or our licensors. We own copyright in the individual pages, and their components, and collective works available at the Site as well as the selection, coordination, arrangement and enhancement of the Site’ s content and we also own copyright in the Site. The Site is copyrighted and protected by federal and worldwide copyright laws and treaty provisions. No portion of it may be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without our prior written permission. The Perfect Carpet is a trademark and property of California Carpet, LLC. All trademarks appearing on this Site are trademarks of their respective owners, including California Carpet, LLC and its affiliates. You are prohibited from using any of The Perfect Carpet’s marks without our prior written permission.

VI. SECURITY AND ACCOUNT

In order to access some features of the Site, including purchasing options, you will have to register with the Site and create an account. You may not use another user’s account without their prior written permission. When you create an account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If we believe that your registration information may not be complete, current, or accurate, or that you have otherwise violated these Terms of Service, we reserve the right to suspend or terminate your account and disallow you further access to the Site. You are solely responsible for the activity that occurs on your account, and you must keep your login information and account password secure. You may change your password at any time by updating your account settings. In addition, you agree to promptly notify us of any unauthorized use of your password or login information, the intentional or inadvertent disclosure of your password or login information, any other need to deactivate your account due to potential or actual security concerns, or any other breach of security. We are not liable for any damages or harm related to any unauthorized use of your password or login information, the theft or loss of your password or login information, your intentional or inadvertent disclosure of your password or login information, or your authorization to allow another person or entity to use your account or login information. You agree to indemnify the Company for any damages or losses that may be incurred or suffered by any party, including but not limited to us and other users of the Site, as a result of your failure to maintain the confidentiality of your account information, password and login information.

VII. LINKS TO OTHER MATERIALS

The Site may provide third party content and links to other internet sites or resources. We are not responsible for the accuracy, completeness or usefulness of any third party content, nor do we make any endorsement claims for the Site’ s third party content. You use the Site and the content at your own risk. Because we have no control over the linked sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party site or resource. We reserve the right to terminate any link at any time the links we provide are for convenience only. It is your responsibility to evaluate the content and usefulness of information obtained from other sites.

VIII. WARRANTY DISCLAIMER

YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM EXPERIENCED FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION AND CONTENT (INCLUDING ANY THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE PERFECT CARPET MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE PERFECT CARPET MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND THAT THE PERFECT CARPET DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR NEWSLETTERS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND NEWSLETTERS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PERFECT CARPET DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

IX. LIMITATION OF LIABILITY

IN NO EVENT WILL THE PERFECT CARPET OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT RUG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. THE PERFECT RUG IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE TRANSMISSION OF INFORMATION OVER UNENCRYPTED SYSTEMS SUCH AS EMAIL OR THE INTERNET. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

X. INDEMNITY

You understand that you are personally responsible for your use of the Site. You also agree to indemnify and hold The Perfect Carpet, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of and access to the Site your violation of any of these Terms or your violation of any applicable law or any right of any third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

XI. MISCELLANEOUS PROVISIONS

No Agency

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

Assignment

We may assign these Terms, in whole or in part, in our sole discretion. You may not assign any right under these Terms without our prior written permission. Any attempt by you to assign a right under these Terms without our permission shall be void and non-binding on The Perfect Carpet.

Entire Agreement

These Terms, including our Privacy Policy [LINK] and any other The Perfect Carpet policies which is incorporated herein by reference, are the entire agreement between you and The Perfect Carpet. They supersede any and all prior or contemporaneous agreements, either oral or written, between you and The Perfect Carpet relating to your use of the Site. These Terms may not be amended or supplemented by any purchase order or similar form originated by you relating to the subject matter hereof, or by any written or oral statements of any of our employees.

Termination and Survival

We reserve the right to terminate these Terms and your access to the Site at any time, with or without cause. Sections V through XI of these Terms shall survive the expiration or termination of these Terms for any reason whatsoever.

Waiver and Severability of Terms

If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of The Perfect Carpet to partially or fully exercise any rights under these Terms or the waiver of any of the terms of these Terms by The Perfect Carpet shall not prevent a subsequent exercise of such right by The Perfect Carpet or be deemed a further or continuing waiver by The Perfect Carpet of that or any other term. The rights and remedies of The Perfect Carpet under these Terms and any other applicable agreement between you and The Perfect Carpet shall be cumulative, and the exercise of any such right or remedy shall not limit The Perfect Carpet 's right to exercise any other right or remedy.

No Third Party Beneficiaries

Nothing in these Terms shall be deemed to confer any third party rights or benefits.

Applicable Law

The Site is offered and controlled by The Perfect Carpet, which is located in California. The Site may not be, and we make no representations that it is, appropriate or available for use outside of the United States. We will not deliver product outside of the United States.

Choice of Law and Forum

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. Any claim or dispute between you and The Perfect Carpet that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Jose, California.

Limitation of Actions

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

XII. CONTACT AND VIOLATIONS

Questions about these Terms, or information about any violation of them, may be emailed to: customerservice@theperfectcarpet.com