Please read these terms and conditions carefully before using our website, purchasing our products, or engaging with our services.
By accessing or using this website and any associated web pages, mobile applications, APIs, software, or other services provided by Stainmaster® Carpet, Flooring, Vinyl Plank Flooring, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access or use the website or purchase products.
Website Access
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services solely for your own personal use. You may not use the website or any content for any other purpose without our prior written consent.
Use Restrictions
You agree not to:
- Use the website or services for any unlawful purpose or that violates any applicable laws.
- Use the website or services in a way that infringes the intellectual property or other rights of anyone else.
- Interfere with or disrupt the website, networks, or servers connected to the services.
- Attempt to gain unauthorized access to the website, accounts, or networks.
- Transmit viruses, worms, spam, or other harmful or offensive content or code.
- Otherwise violate these terms, any additional terms, or any Stainmaster policy applicable to the website or services.
We reserve the right to terminate your access or use at any time if we determine you have violated these terms or any other applicable rules, terms, or policies.
User Accounts
You are responsible for safeguarding your account log-in information and password. You are responsible for all activities under your account whether or not you authorized the activity. You agree to notify us immediately of any unauthorized use of your account.
We are not liable for any loss caused by unauthorized use of your account. We may terminate your account if we determine you have violated any of these terms.
Ordering Products
You may order Stainmaster products through this website. All orders are subject to product availability and shipping restrictions. We may reject orders for any reason.
Prices
The prices displayed on the website are quoted in U.S. dollars and are valid and effective only within the United States. We reserve the right to change prices at any time without notice. In the event of an error, we will cancel orders placed for products listed at incorrect prices.
Shipping & Delivery
Shipping and delivery costs will be clearly disclosed during checkout based on weight, dimensions, and destination. All stated delivery times are estimates only, but we will make reasonable efforts to deliver your order according to the provided timelines.
Title and risk of loss transfers to you upon our delivery to the carrier. You are responsible for filing claims with carriers for damaged and lost shipments.
Returns & Refunds
If you are unsatisfied with your purchase, you may return most unused products in their original condition within 30 days of delivery for a full refund. We do not provide pre-paid return labels. You are responsible for all shipping costs related to returns.
Custom products or special orders may not be returned. We reserve the right to apply restocking fees up to 15% for returns/exchanges of certain limited products.
Intellectual Property
The content on our website, including text, graphics, logos, software code, designs, product names, and other materials, are protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, republish, distribute, or exploit any content or material without our express written consent.
The Stainmaster name, logo, and related product and service names, logos, and slogans are trademarks of Stainmaster and may not be copied, imitated or used without permission. Other marks on the website belong to their respective owners. Nothing on this website should be construed as granting any license or right to use any marks displayed on the website.
User Content
We may provide features and functionality that allows you to post content, ratings and reviews, submit information, communicate with others, or otherwise submit materials. By posting content, you represent that you have the necessary rights and authority to post and distribute the content.
You hereby grant us a non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable, and transferable license to reproduce, modify, distribute, transmit, publish, and otherwise commercialize any content you post. You waive all moral rights and agree not to assert any claims against us.
We do not endorse or take responsibility for any user content. We have no obligation to pre-screen, monitor, or edit any content posted by users. We reserve the right to remove, delete, or refuse to post content at our sole discretion and without notice. However, we have no duty to do so.
Users are prohibited from posting objectionable content, including anything illegal, vulgar, obscene, racist, hateful, defamatory, deceptive, or invasive of privacy. We may suspend or terminate accounts for violations of these rules.
Services
We may offer services such as flooring installation, paint services, design consulting, or other contracting services. We only provide services within the United States. Service availability may vary by location. All custom services are provided according to signed work orders detailing the specifications, timing, and cost of the work.
We will make reasonable efforts to complete services on time and according to the agreed specifications. However, we are not liable for failure to meet estimated timelines or for variations required due to unforeseen conditions or customer changes.
Disclaimers
The website and services are provided on an “as is” basis without warranties of any kind. We expressly disclaim all warranties, express or implied, including but not limited to warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no warranties that the services or products will meet your needs or expectations.
We do not warrant that the website or services will operate error-free or that defects or errors will be corrected. We make no representation about the suitability, reliability, availability, timeliness, accuracy, or completeness of the products or services.
We are not liable for any loss, damage, injury, or other harm arising from use of the website or services. You use the website at your own risk. We have no liability for the content or activities of any third party website linked to or otherwise connected with the website.
Certain state laws do not allow limitations on implied warranties or exclusions of certain damages, so some of the above disclaimers may only apply partially or not at all.
Limitation of Liability
Our maximum liability arising out of or related to the website or these terms, whether arising in contract, tort, or otherwise, shall not exceed $100.
In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage arising from use of the website or services. This includes damages for loss of profits, revenue, data, or use even if advised of the possibility of such damages.
Indemnification
You agree to fully indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, or expenses arising from your use of this website or services. This includes any claims by third parties against us arising from your actions. We reserve the right, at your expense, to employ legal counsel and assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with the defense by providing information, testify, and making appearances.
Governing Law
These terms shall be governed by the laws of the State of California without regard to conflict of laws principles. Any disputes related to these Terms must be brought in the federal or state courts located in Los Angeles County, California and you consent to personal jurisdiction in those courts.
Class Action Waiver
You agree that any disputes will be resolved solely between you and Stainmaster according to these terms. You agree not to consolidate or join any action or proceeding without our consent. We both agree that class actions increase costs to consumers with little benefit, and thus any disputes will be resolved on an individual basis only.
Arbitration Agreement
If any controversy or dispute arises in connection with these terms, the parties agree to make reasonable, good faith attempts to resolve informally first. As required by these terms, the parties agree to submit any remaining dispute to binding arbitration rather than file a lawsuit in court.
The parties agree this arbitration agreement shall be governed solely by the Federal Arbitration Act. Arbitration shall take place before a single neutral arbitrator and will be administered by the American Arbitration Association according to its consumer arbitration rules. Arbitration hearings will take place in Los Angeles County, California.
The arbitrator will have authority to award the same damages and relief that a court would. The arbitrator may award declaratory or injunctive relief only to the claiming party and any such relief shall not extend beyond that party.
Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You may choose to engage in arbitration hearings via telephone. Arbitration costs shall be divided equally between the parties.
You and Stainmaster both agree to waive rights to a jury trial or to participate in class actions. In arbitration, disputes are resolved on an individual basis only. You agree the arbitrator shall have no authority to consolidate claims or join parties without the express written consent of all affected parties.
Modifications
We reserve the right to modify these terms from time to time at our sole discretion. All modifications will be posted on this page and you should check back frequently. Your continued use of the website following any changes means you accept the new terms. If you do not agree to the modifications, you must immediately stop using the website and services.
Summary
- You must be 18 or older to use this website. We grant you a limited license to access and use it for your own personal purposes.
- Do not misuse the website or upload any harmful content. We can terminate your access for violations.
- You are responsible for protecting your account credentials and all activities under your account.
- We accept orders subject to product availability, max quantities, and other restrictions. Prices are quoted in USD and subject to change.
- Delivery times are only estimates. You assume shipping risks. Returns and refunds are accepted within 30 days for most products.
- All website content is protected by copyright, trademark, and other IP laws.
- We are not responsible for any user-generated content. You grant us broad licenses for anything you post.
- Services are only available in the US and subject to limitations. We will make reasonable efforts to meet timelines.
- We disclaim implied warranties and limit liabilities to the greatest extent permitted by law. Use this website at your own risk.
- You agree to indemnify us for any claims or damages related to your use of the website.
- These terms are governed by California law. Any disputes must be handled via binding individual arbitration. Class actions are prohibited.
- We reserve the right to make changes to these terms at any time. Please check back for updates.
