HUDSON VALLEY EPOXY FLOORING TERMS AND CONDITIONS
This Website and the services of Hudson Valley Epoxy Flooring (the "Flooring Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites, directories, social media accounts or apps owned and operated by Hudson Valley Epoxy Flooring (including but not limited to HudsonValleyEpoxyFlooring.com, All Social Media Accounts of Hudson Valley Epoxy (Facebook, Twitter, Google, etc), Public Online Directories, and etc) and collectively referred to herein as "Hudson Valley Epoxy Flooring," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.HudsonValleyEpoxyFlooring.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on October 28th, 2017.
THE SERVICES
At Hudson Valley Epoxy Flooring we are committed to making your total Hudson Valley Epoxy Flooring experience a positive one. You find our website either through search engine results, or online directories, or through our various social media accounts. You contact us by either phone or email. Once you describe your flooring project to one of our operators, he or she will then forward your information (Name, Phone Number, Address, Job Details) to one of our network of flooring professionals. We do not guarantee we will be able to match you with a flooring professional, in the event we have no one available to provide an on-site consultation, or the actual flooring project, we will let you know.
Booking Appointments. Once your information has been collected, we then pass that information to one of our network of flooring professionals. The flooring contractor will then contact you either by Telephone, Email or SMS Text Message. The flooring contractor will then ask you about the project and any other necessary details. All business via the above communications methods is between the flooring service provider and customer. If an appointment is scheduled between the customer and flooring contractor, all times and dates are determined between you the customer and the flooring contractor. Hudson Valley Epoxy Flooring is not responsible for late appointments, or if the contractor does not shows up for the appointment. Hudson Valley Epoxy Flooring is solely providing the platform to facilitate scheduling of appointments between you and the Flooring Service Professionals.
No Guarantees or Endorsements. Although we take certain steps to make sure the credentials of our network of flooring specialists is accurate or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. Hudson Valley Epoxy Flooring does not endorse or recommend the services of any particular Flooring Service Professional. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Flooring Service Professional and the Flooring Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Flooring Service Professional. We do not guarantee or warrant any Flooring Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Hudson Valley Epoxy Flooring, nor is Hudson Valley Epoxy Flooring an agent of the Flooring Service Professionals.
No Contracting via the Hudson Valley Epoxy Flooring Website. Hudson Valley Epoxy Flooring may inform you of certain offers or discounts provided by a Flooring Service Professional. Such offers or discounts are made solely by the Flooring Service Professional, and Hudson Valley Epoxy Flooring does not guarantee or warrant the pricing or discounts that a Flooring Service Professional may offer you. Any quotes provided by Flooring Service Professionals via the Hudson Valley Epoxy Flooring website, social media accounts, or online directories listing Hudson Valley Epoxy Flooring, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Hudson Valley Epoxy Flooring. No contractual arrangement is created based upon the quotes provided to you from Flooring Service Professionals (or your scheduling of an appointment with a Flooring Service Professional) via Hudson Valley Epoxy Flooring. To contract with a Flooring Service Professional, you must work directly with the Flooring Service Professional. Hudson Valley Epoxy Flooring does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Flooring Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Hudson Valley Epoxy Flooring is not a party to such agreements. All payments and applicable taxes must be made to the Flooring Service Professional in accordance with the agreements.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Flooring Service Professional or the fees charged by any Flooring Service Professional, you must address such dispute with the Flooring Service Professional directly. YOU HEREBY AGREE TO RELEASE Hudson Valley Epoxy Flooring (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH FLOORING SERVICE PROFESSIONALS.
YOUR USE OF THE HUDSON VALLEY EPOXY FLOORING SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Hudson Valley Epoxy Flooring is for your personal use and not for advertising purposes. You may not use Hudson Valley Epoxy Flooring to recreate or compete with Hudson Valley Epoxy Flooring, to solicit or harass Flooring Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Hudson Valley Epoxy Flooring for any such damages, and will indemnify Hudson Valley Epoxy Flooring in the event of any claims against Hudson Valley Epoxy Flooring based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Hudson Valley Epoxy Flooring Services, products or properties at any time. All information about Flooring Service Professionals is confidential and for your personal use only. If it is determined or suspected by Hudson Valley Epoxy Flooring in its sole discretion that you are misusing or attempting to misuse or circumvent the Hudson Valley Epoxy Flooring services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Hudson Valley Epoxy Flooring reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
PAYMENTS
ALL PAYMENTS COLLECTED ARE COLLECTED BY THE INDEPENDENT FLOORING SERVICE PROFESSIONAL FROM THE CUSTOMER. Hudson Valley Epoxy Flooring does not collect, hold, or otherwise touch any money from customers to the Flooring Service Professional. We are not responsible for any refunds.
INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Hudson Valley Epoxy Flooring, you will be prompted to disclose certain information about yourself and your flooring service requirements and you will be able to send information, such as home or business records, on our website. Some of this information will be sent to Flooring Service Professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Flooring Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Hudson Valley Epoxy to send you telephone calls confirming your service request, and you understand that either Hudson Valley Epoxy Flooring or the Flooring Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by completing a flooring service request, you are entering into a business relationship with Hudson Valley Epoxy Flooring and/or a Flooring Service Professional and thus agree to be contacted by Hudson Valley Epoxy and/or a Flooring Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Hudson Valley Epoxy Flooring has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hudson Valley Epoxy Flooring has the right to refuse any current or future use of the Hudson Valley Epoxy Flooring Services (or any portion thereof) by you.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Hudson Valley Epoxy Flooring AND THE FLOORING SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A FLOORING SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Hudson Valley Epoxy Flooring AND EACH FLOORING SERVICE PROVIDER WHO ACCEPTS SUCH FLOORING SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Hudson Valley Epoxy Flooring AND EACH OF THE AFFECTED FLOORING SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
SMS MESSAGING
By submitting a service request, you agree that Hudson Valley Epoxy Flooring and the Flooring Service Professionals may send you informational text (SMS) messages as part of the normal business practice of Hudson Valley Epoxy Flooring. These text (SMS) messages shall not be used for marketing purposes.
CALL RECORDING
You acknowledge and agree that Hudson Valley Epoxy Flooring may monitor and/or record any telephone calls between you and Hudson Valley Epoxy Flooring.
RATINGS & REVIEWS ARE NOT ENDORSED BY HUDSONVALLEYEPOXYFLOORING.COM
All Ratings and Reviews displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Hudson Valley Epoxy Flooring. Hudson Valley Epoxy Flooring disclaims any and all representations or warranties with regard to the Ratings and Reviews. Hudson Valley Epoxy Flooring does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES, BLOG POSTS AND OTHER CONTENT
Hudson Valley Epoxy Flooring provides certain content or blog posts relating to home improvement (Specifically Flooring Based), repair, maintenance ("Articles"), on the Hudson Valley Epoxy Flooring or other websites they may or may not be owned and operated by Hudson Valley Epoxy Flooring. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the Hudson Valley Epoxy website or apps will let you leave Hudson Valley Epoxy Flooring's Web site. The linked sites are not under the control of Hudson Valley Epoxy Flooring and Hudson Valley Epoxy Flooring is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Hudson Valley Epoxy Flooring is not responsible for webcasting or any other form of transmission received from any linked site. Hudson Valley Epoxy Flooring is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hudson Valley Epoxy Flooring of the site.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
Hudson Valley Epoxy Flooring respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice. For other intellectual property claims, please send us a notice at hudsonvalleyepoxyflooring@gmail.com.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY HUDSON VALLEY EPOXY FLOORING, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HUDSON VALLEY EPOXY FLOORING SERVICES IN CONNECTION WITH THE HUDSON VALLEY EPOXY FLOORING WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A FLOORING SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
ARBITRATION AND GOVERNING LAW
The exclusive means of resolving any dispute between you and Hudson Valley Epoxy Flooring or any claim made by you or Hudson Valley Epoxy Flooring arising out of or relating to your use of this Website and/or Hudson Valley Epoxy FLooring services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association.
*NOTICE OF RIGHTS*
By using the Website and/or Hudson Valley Epoxy Floorings services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Hudson Valley Epoxy Flooring (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Hudson Valley Epoxy Flooring may be commenced only in the federal or state courts located in Orange County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Hudson Valley Epoxy Flooring, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
GENERAL PROVISIONS
You acknowledge and agree that the Hudson Valley Epoxy Flooring Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Hudson Valley Epoxy Flooring's sole obligation to you or any third party for any claim arising out of your use of the Hudson Valley Epoxy Flooring Services or the Hudson Valley Epoxy Flooring or apps, is that you are free to discontinue your use of the Hudson Valley Epoxy Flooring Services or the Hudson Valley Epoxy Flooring or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Hudson Valley Epoxy Flooring EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HUDSON VALLEY EPOXY FLOORING SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Hudson Valley Epoxy Flooring HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Hudson Valley Epoxy Floorings's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Hudson Valley Epoxy Flooring to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. 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 Services or the Terms and Conditions must be filed within one (7) days after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely in the State of New York and between New York residents. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Orange County, New York. These Terms and Conditions constitute the entire agreement between you and Hudson Valley Epoxy Flooring and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
