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Terms Of Use

Terms Of Use

Last updated September 18, 2018

Welcome to the Dotfloor Inc. Marketplace (the "Site"). By accessing and using this Site, you signify your acceptance of and agreement to be bound by these Terms of Use. PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.

All references to “you” or “your”, as applicable, means the person and/or the company the person represents (including any successors and assigns thereof) that access, uses and/or participates in the Site in any manner. By accessing and using the Site and/or opening a Membership Account (as defined below) you hereby confirm that you have all necessary and legal authority to bind the company you represent. Your acceptance of these Terms of Use will be deemed acceptance by your company of these Terms of Use.

Dotfloor Inc. ("Dotfloor") reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion without liability. Any changes or modification will be effective upon posting of the revisions to the Site. Your continued use of this Site following the posting of any changes or modifications to the Site or these Terms of Use will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies to understand the terms and conditions that apply to your access to and use of the Site. 

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Dotfloor for other products or services including but not necessarily limited to the Terms of Sale (as defined herein).

  1. INCORPORATED POLICIES OR TERMS:
    1. Privacy Policy. Dotfloor believes strongly in protecting user privacy and providing you notice of Dotfloor's collection and use of data, including personal information, collected from the Site. Therefore, Dotfloor has adopted a Privacy Policy that you should review in order to fully understand how Dotfloor uses and collects information. Please follow this link to review Dotfloor’s privacy policy to understand our practices: Dotfloor Privacy Policy.
    2. Terms of Sale. All orders placed via the Site are governed by Dotfloor's Terms of Sale located at https://www.dotfloor.com/pages/terms-of-sales(the “Terms of Sale”). You should refer to our Terms of Sale to learn more about product and pricing information, applicable product warranties, shipping terms, delivery options and our return policy amongst other terms that govern your purchase of goods from the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including but not limited to all conditions, disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Dotfloor's sole discretion without liability so you should review the Terms of Sale each time you make a purchase.
  2. MEMBERSHIP ACCOUNTS: As part of your use of the Site, you may be permitted by Dotfloor to open a membership account under the Account Creation tab of the Site (the “Membership Account).
      1. If opening a Membership Account on behalf of a company, you hereby represent and warrant that you are the designated representative of your company authorized to open a Membership Account on behalf of your company and have the ability to bind the company to all terms and conditions governing the Membership Account including those set out in these Terms of Use.
      2. As part of the creation of your Membership Account you will be asked to create single user login credentials with a username and password.
      3. In consideration of your use of the Site, you agree on your own behalf and, on behalf of your company, where applicable:
        1. to provide true, accurate, current and complete information about yourself and/or the company that you represent;
        2. that you represent and warrant that you have the capacity and authority to execute agreements and place orders for Dotfloor products and services on behalf of you or your company;
        3. that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
        4. that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
        5. that you are fully responsible for all activities that occur under your password or Membership Account, and you and your company accept all liability for any acts or omissions by you arising out of the use of your Membership Account, even if such acts or omissions are not specifically authorised by you and your company;
        6. to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
        7. that you are fully responsible for managing your Membership Account, including but not limited to:
          1. maintaining the confidentiality of passwords and/or any Membership Account information;
          2. maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
        8. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dotfloor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dotfloor may suspend or terminate your Membership Account and refuse any and all current and future use of the Site by you. Membership Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy located at https://www.dotfloor.com/pages/dotfloor-privacy-policy
  4.  OWNERSHIP OF TECHNOLOGY:

Dotfloor has developed a Home Marketplace that offers you a variety of products and services to assist you in making legitimate orders and purchases of goods from the Site which services include but are not necessarily limited to the Dotfloor “Design Center” (which provides you the opportunity to utilize Dotfloor’s proprietary architectural design software that allows for room design, fixture configuration, colour matching and 3D image display among other things), and Dotfloor’s proprietary shipping and logistics technology (which provides "real-time" on-line quotes for various modes of travel, shipment scheduling and instantaneous calculations on all transportation costs from manufacturing distribution points to chosen destinations) (collectively the "Technology"). You acknowledge that Dotfloor owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line shopping destination for the global building industry. All content included on this Site, including but not limited to the Technology, is the property of Dotfloor, and/or its various third party licensors, service providers and sellers and is protected under the intellectual property laws of Canada and other countries. 

  1. THE MATERIALS:
    1. COPYRIGHT:

All copyrighted and copyrightable materials on this Site, including, without limitation, the Dotfloor design, text, graphics, pictures, and other files, and the selection and arrangement ("Copyright Materials") thereof are the property of Dotfloor, ALL RIGHTS RESERVED Copyright © 1999 - 2016 Dotfloor, Inc. and/or its licensors. 

  1. TRADEMARKS AND SERVICE MARKS:

The Dotfloor work mark, the Dotfloor logo, product brands and associated logos and all other content, products and services available through and described in this Site, including without limitation, all page headers, custom graphics, displays, graphs, icons, scripts and other components of the Site "Dotfloor", are either trademarks, service marks registered trademarks and/or trade dress of Dotfloor, its subsidiaries and its suppliers and licensors or other their respective owners (collectively the “Trademark Materials”).

  1. The Copyright Materials and the Trademark Materials are collectively referred to in these Terms of Use as the “Materials”. Except as expressly stated otherwise herein, none of the Materials may be copied, imitated, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or used, in whole or in part, in any form or by any means (including but not limited to electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of Dotfloor nor are you permitted to remove or alter any copyright, trademark or other proprietary notices contained in the Materials. Unauthorized use of this Site and/or the Materials contained in this Site may violate applicable copyright, trademark or other intellectual property law or other laws.
  2. All rights not explicitly granted to you in these Terms of Use are reserved and retained by Dotfloor.
  3. Dotfloor respects the intellectual property of others. If you believe Dotfloor is in violation of copyright or trademark please contact us at the following address. We will respond promptly to any legitimate concerns or complaints:

Dotfloor Inc. 
9381 East Stockton Boulevard, Elk Grove, CA, 95624, United States
Att: Legal Question

  1. USE OF SITE:
    1. Dotfloor grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases through the Site and shall not use this Site, the Materials, the Technology nor any other content of any kind on the Site for any other purposes, including without limitation, (a) for any resale or commercial use of the Site and/or the Technology or content therein; (b) for the collection and use of any product listings or descriptions; (c) for making derivative uses of the Site, the Materials and/or the Technology; or (d) in conjunction with the use of any data mining, robots, or similar data gathering and extraction methods; or (d) to make any speculative, false or fraudulent orders or any order in anticipation of demand. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Dotfloor or any third party.
    2. This Site and the contents provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Dotfloor, except that you may print the materials presented on this Site for the licensed purposes only and provided that, you may not, without the permission of Dotfloor or the respective copyright owner, (a) copy, publish, or post any content on the Site on any web site, computer network or broadcast or publications media (except as expressly permitted herein), (b) modify any content on the Site , and (c) remove or alter any copyright, trademark and other proprietary notices contained on the Site (d) use, frame or utilize framing techniques to enclose any Dotfloor trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) or (e) use any meta tags or any other "hidden text" utilizing an Dotfloor name, trademark, or product name. Unauthorized use of this Site and/or any content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
  2. USER GENERATED CONTENT:
    1. You may wish to:
      1. post submissions on the Site or through channels specifically designated by Dotfloor from the time to time which submissions may include reviews, comments, photos, suggestions, ideas, questions, or other similar information; and/or
      2. where applicable, to utilize the Site and the Technology (including the Dotfloor Design Center), to generate text, images, plans, displays, layouts and related content as part of your use of the Site in accordance with these Terms of Use (collectively referred to hereinafter as “User Generated Content”)
    2. Dotfloor welcomes User Generated Content in the permitted forms and through the designated channels of the Site on the basis that the User Generated Content is not illegal, obscene, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of spam. Dotfloor reserves the right (but not the obligation) to remove any User Generated Content, or portion thereof, regarding claims without foundations or verifications, but does not review User Generated Content regularly.
    3. If you do create and/or post User Generated Content through your use of the Site in accordance with these Terms of Use you grant Dotfloor an irrevocable, perpetual, worldwide, royalty-free, license to publish, reproduce, modify and distribute any such User Generated Content, or any portions thereof, in any manner that Dotfloor deems appropriate including, without limitation, on all social media platforms, the World Wide Web and in any other Dotfloor advertising/marketing materials or in any media now or hereafter known . You further release Dotfloor its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from any and all liability, claims or damages arising out of or relating to your User Generated Content.
    4. Unless otherwise explicitly stated herein or in Dotfloor’s Privacy Policy User Generated Content shall be considered non-confidential and Dotfloor is under no obligation to treat such User Generated Content as proprietary information except pursuant to Dotfloor’s Privacy Policy applicable to personally identifiable information.
  3. AGE AND RESPONSIBILITY:

Dotfloor.com is not created for children or persons who are under 18 years of age. By purchasing products from Dotfloor or providing Dotfloor with information when using this Site (including but not limited to User Generated Content) you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your Membership Account login information.

  1. TERMINATION:

You agree that Dotfloor, in its sole discretion, may terminate your Membership Account password, account or your access to or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if Dotfloor believes that you have violated or acted inconsistently with the Terms of Use or any applicable laws or regulations. Dotfloor may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to or use of the Site under any provision of the Terms of Use may be effected without notice, and you acknowledge and agree that Dotfloor may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Dotfloor shall not be liable to you or any third party for any termination or restriction of access to the Site.

  1. DISCLAIMER:

YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON, INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY AND THE MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY DOTFLOOR TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. DOTFLOOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE DOTFLOOR SITE, ITS OPERATION, THE TECHNOLOGY OR MATERIALS, OR ANY OTHER CONTENT OF ANY KIND CONTAINED IN OR GENERATED BY OR THROUGH THE SITE.

THE SITE AND ALL CONTENT THEREON, INCLUDING BUT NOT LIMITED TO ALL TECHNOLOGY AND MATERIALS, PROVIDED BY DOTFLOOR AND/OR MADE AVAILABLE TO YOU THROUGH THE SITE ARE NOT INTENDED TO SERVE AS OR SUBSTITUTE FOR BUSINESS, FINANCIAL, LEGAL ADVICE OR ANY OTHER PROFESSIONAL ADVICE OF ANY KIND, NOR SERVE AS A GUARANTEE OF ANY PARTICULAR OUTCOME OR FUTURE RETURN FOR YOU AND/OR YOUR COMPANY. BEFORE MAKING ANY DECISION WITH RESPECT TO YOU AND/OR YOUR COMPANY YOU SHOULD CONSIDER YOUR PARTICULAR OBJECTIVES AND FINANCIAL SITUATION AND NEEDS AND CONSULT WITH ALL APPROPRIATE PROFESSIONAL ADVISORS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY DOTFLOOR TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE.

DOTFLOOR RESERVERS ALL RIGHTS TO WITHDRAW OR DELETE ANY INFORMATION, CONTENT OR FUNCTIONALITY FROM THE SITE AT ANY TIME WITHOUT NOTICE TO YOU IN DOTFLOOR’S SOLE DISCRETION AND WITHOUT LIABILITY TO DOTFLOOR.

ANY CONTENT OR INFORMATION PROVIDED IN THE FAQ SECTION OF THE SITE IS PROVIDED FOR YOUR CONVENIENCE ONLY AND MAY NOT REFLECT ALL UPDATES MADE TO ANY BINDING TERMS OF USES OR TERMS OF SALE FOR THE SITE.

DOTFLOOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY OR THE MATERIALS OR YOUR USE OF ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, QUALITY, 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 A COURSE OF DEALING OR USAGE OF TRADE. FURTHER TO THE ABOVE DOTFLOOR DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF DOTFLOOR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY BUILDIDRECT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

  1. LIMITATION OF LIABILITY:

YOU AGREE THAT DOTFLOOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION OF, CONTENT IN OR PRODUCT OF (INCLUDING BUT NOT LIMITED TO THE TECHNOLOGY, THE MATERIALS AND ANY USER GENERATED CONTENT), MODIFICATION OF, OR DISCONTINUANCE OF THE SITE BY DOTFLOOR IN ITS SOLE DISCRETION, OR ARISING FROM ACCESS TO OR USE OF THE SITE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF DOTFLOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOTFLOOR (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (CDN $100.00) OR THE COMPENSATION YOU PAID DOTFLOOR, WHICHEVER IS LESS.

THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY DOTFLOOR. DOTFLOOR ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES. DOTFLOOR PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY DOTFLOOR OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN. BY USING THE SITE, YOU EXPRESSLY RELIEVE DOTFLOOR FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD PARTY WEBSITES. ACCORDINGLY, WE ENCOURAGE YOU TO READ THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE SITE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain 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.

  1. INDEMNIFICATION:

You shall indemnify, defend and hold harmless Dotfloor, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf or by any third parties arising from or in connection with (i) your use of or access to the Site, including but not limited any violation by you of the Terms of Use (ii) any violation by you of any third party right (including but not limited to any intellectual property or privacy right of any party) and (iii) User Generated Content. Dotfloor reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations. Your indemnification obligations survive any termination under Section 8 of these Terms of Use.

  1. RELATIONSHIP:

The relationship between Dotfloor and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or your access to or use of this Site.

  1. GOVERNING LAW AND DISPUTES:

These Terms of Use and the relationship between you and Dotfloor will be governed by the laws of the Province of British Columbia and, to the extent applicable, Canada without regard to any conflict of law provisions. All disputes arising out of or in connection with these Terms of Use and your use and access to the Site shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the British Columbia Arbitration Act, R.S.B.C. 1996, c. 55, as amended (and, to the extent applicable, the International Commercial Arbitration Act R.S.B.C. 1996 c. 233) and subject to the exclusive jurisdiction of the laws of the province of British Columbia and, where applicable, Canada. The place of the arbitration will be Vancouver, British Columbia and the language of the arbitration will be English. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 

  1. ASSIGNMENT:

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

  1. SEVERABILITY:

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. HEADINGS:

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

  1. ENTIRE AGREEMENT:

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

  1. CONTACTING DOTFLOOR:

We welcome any feedback, questions or comments you have about the Site or its contents. Please contact us at service@dotfloor.com.

OR

Dotfloor Inc. 
9381 East Stockton Boulevard, Suite 219, Elk Grove, CA, 95624, United States
Att: Customer Service