Big
Sky Flooring Terms & Conditions
Currency
All transactions are in U.S. Dollars $USD.
Terms
1. Customer acknowledges that prior to taking possession of any products and/or
goods he examined it, he is aware of its condition, and that the products and/or
goods are in good and acceptable condition. Customers who pick up products
directly from Big Sky Flooring assume all risks of loss, including damage and
bodily injury while on the premises.
2. Customer assumes all risks inherent in the operation and use of items used
or rented from Big Sky Flooring including all claims of damage to property or
bodily injury. From the time that the customer takes possession of the item
until it is returned, the customer is responsible for the item. If the item is
lost, stolen, or damaged under any circumstances while in the possession of the
customer, the customer shall be responsible for all charges to replace the
item. The customer agrees to return the item in the same condition as received,
except for ordinary wear and tear.
3. Customer is responsible for the products and/or goods upon taking delivery
of same. If Customer contracts for the delivery of the products and/or goods to
a destination owned by a third party, Customer assumes all risks inherent with
the delivery and shall supervise and provide directions for the placement of
the products and/or goods once it arrives at the designated location. There
shall be no liability on Big Sky Flooring for incorrect location or damages
and/or injuries caused during delivery whether on Customer's property or
property of third party. The Customer further assumes the entire responsibility
for the defense of, and to pay, indemnify, and hold Big Sky Flooring harmless
from and hereby releases Big Sky Flooring from any and all claims for damage to
property or bodily injury (including death) resulting from the delivery of the
products and/or goods.
4. If Customer shall fail to make any payment due herein or if Big Sky Flooring
shall deem its rights to be insecure or if the Customer shall become bankrupt
or insolvent and/or a receiver is appointed to take charge of the Customer's
property or affairs, Big Sky Flooring may terminate this contract and have the
right to (a) take possession of the product and/or goods and (b) enter upon the
premises where the product and/or goods are located and take possession of it
and remove it from the property. The Customer agrees to protect and defend and
to hold Big Sky Flooring harmless for all damage or claim's of damage
accessioned by such entry of repossession or removal and to pay Big Sky
Flooring all costs, including court costs and attorney's fees by reason of any
(a) refusal to permit Big Sky Flooring or (b) inability of Big Sky Flooring to
enter upon the premises to take possession of or remove the products and/or
goods.
5. The Customer, and his representative or principal shall be responsible for
and shall pay Big Sky Flooring all charges hereunder. All charges are due upon
delivery and on demand unless otherwise agreed in writing.
6. Customer agrees to pay attorney's fees, collection fees, court costs and any
other expenses in collecting any charges under this agreement in taking the
products and/or goods or other wise in enforcing the terms of this agreement.
If the charges are not paid in full when due, Customer agrees to pay interest
of 1.5% monthly on the outstanding balance until satisfied.
7. This Contract represents the entire agreement and there are no collateral,
oral or other agreements outstanding. No rights under this contract may be
modified and no extension of the terms and conditions may be made except in
writing signed by Big Sky Flooring and made a part of this agreement.
8. The Customer is responsible to comply with all the provisions of the
Occupational Safety and Health Act (OSHA) and shall be exclusively liable for
the safety of its employees or others. If any Citations are issued to The Big
Sky Flooring based on a claim of (a) Customer's non-compliance with the act, or
(b) violations by Customer affecting Customer’s employees or others, or (c)
injury to any of Customer’s employees or others, the Customer shall defend,
protect, hold harmless and indemnify Big Sky Flooring for all loss, liability,
costs, delay etc. which Big Sky Flooring may sustain as a result of such
Citation or contesting same or both.
9. The Customer agrees that there are no returns or exchanges, all sales are
final.
10. Prices are subject to change without notice.
11. Big Sky Flooring is not responsible for typographical errors.
Big Sky Flooring Legal Notices
Welcome to the Big Sky Flooring™ site. By using the Big Sky Flooring Web site
YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF
USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear
elsewhere on the Big Sky Flooring Web site.
References to Big Sky Flooring herein refer to Stoneyard, Inc., Stoneyard LLC,
The Stoneyard, LLC, Big Sky Flooring LLC, or their affiliates, subsidiaries and
designees as deemed appropriate by Stoneyard, Inc.
Big Sky Flooring reserves the right to make changes to its Legal Notices and
Conditions of Use at any time. Each time you use the Big Sky Flooring Web site,
you should visit and review the then current Legal Notices and Conditions of
Use that apply to your use of this site and any transactions made while on the
site. If you are dissatisfied with, its content or Legal Notices and Conditions
of Use, you agree that your sole and exclusive remedy is to discontinue using
the Big Sky Flooring Web site.
Tampering with the site, misrepresenting the identity of a user, using buying
agents or conducting fraudulent activities on the site are prohibited.
Right to Download
You may only download Content displayed on the Big Sky Flooring Web site for
non-commercial, personal use provided you also retain all copyright, trademark
and other proprietary notices contained in the material, do not modify or alter
the material and do not copy or post the material on any network computer or
broadcast the material in any media. It is strictly prohibited to modify,
transmit, distribute, reuse, repost, "frame" or use the content of
the Big Sky Flooring Web site including the text, images, audio and/or video
for public or commercial purposes without written permission from an authorized
representative of Big Sky Flooring. It is strictly prohibited to download the images
of the products for sale within this site.
Proprietary Rights
All content included on or comprising the Big Sky Flooring Web site including
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds and other material (collectively "Content") is
protected by copyright, trademark, patent or other proprietary rights, and
these rights are valid and protected in all forms, media and technologies
existing now or developed in the future. All Content is copyrighted as a collective
work under the U.S. and international copyright laws, and Big Sky Flooring
owns, to the fullest extent allowed by such laws, the copyright in the
selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from or in any way exploit
any of the Content, in whole or in part.
One or more patents are pending that apply to this site.
The Big Sky Flooring logos and other trademarks on the site are the property of
their respective owners and are owned by, licensed to, or, where required, used
with permission by Big Sky Flooring and may not be reproduced, copied, or
manipulated in any manner without the express, written approval of the
trademark owner.
By using the Big Sky Flooring Web site, you agree that any information (except
for purchase information), materials, suggestions, ideas or comments you send
to Big Sky Flooring or any other third party using the Big Sky Flooring Web
site is non-confidential. By submitting any solicited or unsolicited
information using the Big Sky Flooring Web site, you grant Big Sky Flooring an
irrevocable and unrestricted license to use, modify, reproduce, transmit,
display and distribute such materials, photographs, pictures, drawings,
information, suggestions, ideas or comments for any purpose whatsoever to the
extent permitted by law.
Applicable Law
The Big Sky Flooring Web site is created, operated and controlled by Big Sky
Flooring in the State of Massachusetts, United States of America. The laws of
the State of Massachusetts will govern the Legal Notices and Conditions of Use
without giving effect to any principles or conflicts of laws.
Links to Third-Party Web Sites
The Big Sky Flooring Web site contains links to other sites operated by
third-parties, including but not limited to third-party sites that display the Big
Sky Flooring trademarks ("Third-Party Site(s)"). These links are available
for your convenience and are intended only to enable access to these
Third-Party Sites and for no other purpose.
Big Sky Flooring does not warrant or make any representation about the
substance, quality, functionality, accuracy, fitness for a particular purpose,
merchantability or any other representation about any Third-Party Site or its
content. A link to a Third-Party Site on the Big Sky Flooring Web site does not
constitute sponsorship, endorsement, approval or responsibility for any
Third-Party Site. Big Sky Flooring makes no representation or warranty as to
any products or services offered on any Third-Party Site.
The conditions of use and privacy policy of any Third-Party Site may differ
substantially from the Conditions of Use and Legal Notices that apply to your
use of the Big Sky Flooring Web site. Please review the conditions of use for
all Third-Party Sites for more information about the terms and conditions that
apply to your use of Third-Party Sites.
Privacy
Please review the Big Sky Flooring Privacy Policy for information on the
privacy practices of the Big Sky Flooring Web site.
Security
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer. You agree
to accept responsibility for all activities that occur under your account and
password.
The Big Sky Flooring site may only be used for lawful purposes. Activities
including, but not limited to, tampering with the site, misrepresenting the
identity of a user, using buying agents or conducting fraudulent activities on
the site are prohibited.
Users are prohibited from violating or attempting to violate the security of
the Big Sky Flooring Web site, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an account which
the user is not authorized to access; (b) using the web site for unintended
purposes or trying to change the behavior of the site; (c) attempting to probe,
scan or test the vulnerability of a system or network or breach security or
authentication measures without proper authorization; (d) attempting to
interfere with service to any user, host or network, including without
limitation via means of submitting a virus to the site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"; (f)
forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may
result in civil or criminal liability; or (g) forging communications on behalf
of the Web site (impersonating the Big Sky Flooring Web site) or to the Web
site (impersonating as a legitimate user). Sending unsolicited and unauthorized
e-mail on behalf of Big Sky Flooring, including promotions and/or advertising
of products or services, is expressly prohibited. Violations of system or
network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or
attempt to interfere with the proper working of the Big Sky Flooring Web site
or any activity being conducted on this site. You agree, further, not to use or
attempt to use any engine, software, tool, agent, data or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search the Big Sky Flooring Web site other
than the search engine and search agents provided by Big Sky Flooring or
generally publicly available browsers.
