Terms of service

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE.

Welcome to Floor Runner, LLC. (“Floor Runner”).  The floorrunner.com website is hereinafter referred to as the “Site.”  By using the Site you unconditionally agree to the terms and conditions set forth herein (“Terms of Use”).  The term “you” refers to the person or legal entity identified as the user when you register on this Site.  These Terms of Use are important and affect your legal rights, so please read them carefully. Floor Runner reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.  It is recommended that you review these Terms of Use whenever you visit the Site. 

By accepting these Terms of Use, you represent that you are 18 years of age or older and that, if you have accepted these Terms of Use on behalf of any person or entity, you represent that you have legal authority to do so.  

If you do not agree to every provision of the Terms of Use, you may not access or use the Site.

Warranty and Disclaimer

This Site and the materials and products sold on this Site are provided “as is” and without warranties of any kind, whether express or implied.  Floor Runner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.    Floor Runner does not make any representations or warrantees regarding the use of the materials or products sold in this Site. 

Pictures on Site are just for reference and the materials and products should not be ordered from pictures.  Please see a sample of the materials or products before ordering.  Floor Runner is not responsible for orders that do not match pictures.   It is your responsibility to make sure the materials or products you are ordering are fit for your project.  It is also your responsibility to ensure that the installer has accurately calculated the quantity of materials or products you  need. 

Order Acceptance and No Cancellations or Returns

Floor Runner has a no cancellation/no returns policy. All the products Floor Runner sells are ordered from and shipped directly from a third party, and therefore Floor Runner does not accept returns.  Except as provided below, all orders are final upon Floor Runner receiving payment.    The receipt of an e-mail order confirmation does not constitute the acceptance of an order from Floor Runner or a confirmation of an offer to sell.   Verification of information may be required prior to the acceptance and/or delivery of any order.  

Notwithstanding the foregoing, Floor Runner reserves the right to accept or decline any order, or to limit the order quantity on any item or refuse service to any customer.    If Floor Runner has received payment for an order and then cancels the order or part of the order, Floor Runner will refund the full amount of the cancelled portion of the order.  If Floor Runner mistakenly listed an incorrect price on the ordered product,  Floor Runner has the right to cancel the order made at an incorrect price.  Floor Runner will refund you the full amount of the cancelled portion of the order.   

Delivery of Orders

Your order(s) will be shipped to the address designated by you by a third party delivery service.  Orders may arrive in multiple packages and on separate days depending on type of and volume of product or material ordered.  Floor Runner shall not be liable for delivery delays or prevention of deliver due to acts of God, or other unforseen circumstance which may include, but not limited to, weather conditions, traffic conditions, mechanical difficulties, COVID, or employment issues. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOOR RUNNER OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OF DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS, OR DAMAGES FOR BUSINESS INTERRUPTION) DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR ANY INFORMATION OR MATERIALS OR PRODUCT    PROVIDED ON THE SITE OR THE ORDER, RECEIPT OR USE OF ANY MATERIAL, PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS OF USE.  FLOOR RUNNER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FLOOR RUNNER ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR MATERIALS OR PRODUCTS SOLD ON THE SITE EXCEED THE AMOUNT PAID TO FLOOR RUNNER FOR ANY PRODUCTS, MATERIALS  OR SERVICES WITHIN THE FORTY-FIVE (45) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Floor Runner, its officers, directors, employees, agents, licensors, attorneys and suppliers from and against all losses, claims, expenses, suits,  damages and costs, including reasonable attorneys’ fees, arising out of, resulting from, or in connection with (i) any use, inability to use, or performance of the Site; (ii)  any information, material or product provided on the Site; (iii) your order or any activity related to your order or  account; (iv) or any violation of the Terms of Use by you or any other person accessing the Site using your Internet account.

Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Louisiana, USA, without regard to conflict of law principles.  You agree that jurisdiction of any judicial action for enforcement of or relating to this Site, Terms of Use or materials or products sold by Floor Runner will be exclusively in, and you agree to submit to the jurisdiction of, the 9^th Judicial District Court, Rapides Parish, State of Louisiana, USA, or the United States District Court, Western District of Louisiana, USA,  provided that a final judgment in any such action may be enforced in any other jurisdiction by suit on the judgment.  EACH PARTY WAIVES ALL RIGHTS TO A JURY TRIAL ON ANY CLAIM OR CAUSE OF ACTION BASED UPON OR RELATING TO THIS SITE, TERMS OF USE OR PRODUCTS OR MATERIALS SOLD BY FLOOR RUNNER.