Rugs USA - Terms of Use

The following Legal Notice, together with any documents or additional terms it expressly incorporates by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) the Rugs USA website, including the domains https://www.rugsusa.com and all related Rugs USA subdomains, subdirectories and page paths (collectively, the “Site”); (b) any text, pictures, media, data, information, materials, functionality and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other products or services provided by us to you, including your purchase of products or services on or through the Site (collectively, the “Products”). References in these Terms of Use to the Site will include, where applicable, the Content and the Products. By using the Site in any way, you agree to be bound by and comply with these Terms of Use, as updated from time to time.

Your access to and use of certain functionalities provided in or through the Site may be subject to additional terms and conditions presented to you by us or our service providers, including the Privacy Policy, our Returns / Refund policy, our Payments policy, and all other policies disclosed through our “FAQs” link or otherwise available on the Site. Such additional terms and conditions are incorporated herein by reference, and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use for the applicable jurisdiction, and all other provisions of these Terms of Use will remain in full force and effect.

Use Of the Site

The Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by RugsUSA, LLC and its affiliates (collectively, “Rugs USA”, “we”, “our”). Rugs USA reserves the right to refuse service, terminate accounts and/or cancel orders in its discretion including, without limitation, if Rugs USA believes that customer conduct violates applicable law or is harmful to the interests of Rugs USA.

Certain sections of the Site make use of the Google Maps API and, as such, users are bound by Google's Terms of Service as well.

Copyright

All content and any compilations thereof included on the Site, including, but not limited to, text, graphics, logos, icons, images, audio clips and software, are the property of Rugs USA or its content suppliers and are protected by U.S. and international copyright laws. All software used on the Site is the property of Rugs USA or its software suppliers and is protected by U.S. and international copyright laws. The Content and software on the Site may be used as a shopping resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Site is strictly prohibited.

Trademarks

“Rugs USA”, the Rugs USA logo, and other Rugs USA graphics, logos and service names are trademarks of Rugs USA in the United States and other countries. Rugs USA's trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rugs USA.

Warranty Disclaimer

The laws of certain jurisdictions do not allow the exclusion or limitation of certain legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these Terms of Use (including the following disclaimers) may not apply, and you may have additional rights. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition, the scope and duration of such warranty or condition will be the minimum permitted under such applicable law.

To the fullest extent permitted by applicable law, you acknowledge, understand, and agree that, unless otherwise expressly set out in these Terms of Use or on the Site, the Site and all Products are provided “as is” and “as available”, with all faults and without warranties or conditions of any kind. Except for any specific warranties explicitly provided by us on the Site or as otherwise required by law, to the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the Site and Products, whether express, implied, statutory or collateral, including, without limitation, any warranties or conditions of merchantability, quality, durability, compatibility, title, security, reliability, completeness, quiet enjoyment, accuracy, currency, timeliness, integration, fitness for a particular or general purpose and non-infringement, and any warranties or conditions arising out of course of dealing or usage of trade, and that the Site and Products are or will be error-free or will operate without interruption. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to third-party communications and any third-party websites or content directly or indirectly accessed through the Site.

In the event that there is an interruption or disruption to the Products or our provision thereof for whatever reason, even if we have been made aware of an issue that could result in or is likely to result in an interruption or disruption of the Products or provision thereof, to the fullest extent permitted by applicable law, we will not be required to issue a refund for any purchase made by you unless otherwise set out in these Terms of Use. As soon as we have identified the cause of an interruption or disruption, we will use reasonable efforts to provide the Products as soon as reasonably possible.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we or our affiliates or our or their respective officers, directors, shareholders, employees, contractors, agents, licensors, licensees and services providers and any successors and assigns of the foregoing (collectively with us, the “Provider Related Parties”) be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any indirect, incidental, consequential, special, exemplary, aggravated or punitive damages, or lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, in each case, whether or not we were advised or should have known of the possibility of such damages, resulting from or related to the Site or the inability to make use of the Site or these Terms of Use. If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue use of the Site.

Without limiting the foregoing, under no circumstances will any of the Provider Related Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Applicable Law

The Site is created and controlled by Rugs USA in the State of New York, USA. As such, except as otherwise required by applicable law, the laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflicts of laws. Subject to applicable law, we reserve the right to make changes to the Site and these disclaimers, terms and conditions at any time.

Pricing

Rugs USA reserves the right to cancel any customer order that is found to have a pricing error due to a programming bug or typographical error on a web site or in a print catalog.

Third-Party Content and Services

The Site may provide or publish links or access to third-party content, websites, or services. Likewise, we may allow you to access the Site from third-party systems. We do not represent that we have reviewed such third-party websites and are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. We do not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under our control, and if you choose to access any such content, websites, or services, or to access the Site from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services, or systems and agree to accept and comply with any such terms of use.

Your interactions with any other entities and/or individuals found on or through the Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You agree that to the fullest extent permitted by applicable law we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.