Introduction
Please review these terms and conditions, which govern Mid Island Floor & Decor Dept. account and related services, any mobile applications, such as the Mid Island Floor & Decor website available on your devices and any other site on which these terms and conditions appear, and any plugins that are operated by Mid Island Floor & Decor Dept. Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions, and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Mid Island Floor & Decor Dept. as a service to its customers, unless specifically provided otherwise on a Site.
Your Use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
You acknowledge and agree that (i) all information you provide with regards to a purchase of products and/or services, including, without limitation, credit card, wallet (e.g., ApplePay, etc.), or other payment information, is accurate, current and complete, and (ii) you may be subject to additional terms and conditions of the third-parties providing your chosen payment method.
Additionally, you represent and warrant that you have the legal right to use the payment method you provide to us.
Placing Your Orders on the Site
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
- Mid Island Floor & Decor Dept. acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site, including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges.
- All items and products purchased through the Site are made pursuant to a pickup contract. The risk of loss and title for such titles pass to you upon pickup of the items or products. Mid Island Floor & Decor Dept. is not responsible for arranging pickup for customers neither responsible for merchandise after pickup. Customer or pickup service is advised to inspect and verify merchandise condition and quantity before signing for received merchandise.
- If you wish to purchase products described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without reentering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.
- Products, materials, techniques, building codes and local regulations change; therefore, Mid Island Floor & Decor Dept. assumes no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.
Warranty Disclaimer; Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
MID ISLAND FLOOR & DECOR DEPT. DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MID ISLAND FLOOR & DÉCOR DEPT. SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY.YOU AGREE THAT MID ISLAND FLOOR & DECOR DEPT. WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE.
You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
Dispute Resolution
Mid Island Floor & Decor Dept. and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Mid Island Floor & Decor Dept. each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Mid Island Floor & Decor Dept. will engage in the following informal dispute resolution process:
- You must first present any claim or dispute to Mid Island Floor & Decor Dept. by contacting the store to allow Mid Island Floor & Decor Dept. the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Mid Island Floor & Decor Dept. your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.
- You and Mid Island Floor & Decor Dept. will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or Mid Island Floor & Decor Dept. is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.
- Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.
- Any statute of limitations will be tolled while You and Mid Island Floor & Decor Dept. engage in the informal dispute resolution process described in this section.
Choice of Law, Jurisdiction and Venue:
- You agree that this agreement and your use of the Site will be governed by the laws of the U.S. Virgin Islands. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in U.S. Virgin Islands, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
- YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
- MID ISLAND FLOOR & DECOR DEPT.AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, MID ISLAND FLOOR & DECOR DEPT. AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.
Changes to the Terms
You agree that Mid Island Floor & Decor Dept. may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.