Please review the User Agreement and Private Policy shown below.
USER AGREEMENT COPYRIGHT
This Site and all materials included therein are owned by or licensed to NECF and are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by NECF. NECF grants you a limited license to access and use the Site for the limited purpose of gathering information about NECF and its products and services. You must abide by all copyright notices and restrictions contained on or attached to any content or portion of this Site. You may not download (other than page caching) the Site, or any portion of it, except with express written consent from us. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including computer programs or other code) (“Site Materials”), unless we have specifically authorized you to do so in writing, and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. Other than as set forth above, NECF retains all right, title and interest in and to the Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein. Your license to access and use the Site does not include any resale or commercial use of the Site, the Site Materials or the Site’s contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without the express written consent of NECF. Any unauthorized use of this Site, its contents or the Site Materials terminates the permission or license granted by NECF.
NEW ENGLAND CUSTOM FLOORS (the “Trademark”) is a trademark owned by NECF. You may not use the Trademark or any other mark owned by or licensed to NECF in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service.
RULES OF CONDUCT
By using the Site, you represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
LINKS, FRAMES, AND METATAGS
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light, provided, that we reserve the ability at our sole discretion to revoke, for any reason, your right to link to the home page of the Site. You may not frame the content of the Site. You may not use meta tags or any other “hidden text” that incorporates the Trademark, our domain name or our name without our express written consent.
LINKS TO OTHER WEBSITES
NECF may, in its sole discretion, offer links to other websites of various service, product and information providers, including sites for companies associated with NECF. This Policy does not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites. Further, these websites are not maintained or written by NECF, and we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, NECF will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS SITE, THE SITE MATERIALS AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXENT PERMISSIBLE BY LAW, NECF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE SITE MATERIALS, THE SITE CONTENTS AND ANY LINKED SITE, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SITE MATERIALS, SITE CONTENTS AND ANY LINKED SITE. NECF DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NECF SHALL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT OR ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NECF NOR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE CONTENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NECF MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM NECF. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. NECF MAY, IN ITS SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE SITE MATERIALS AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE FEATURE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT NECF SHALL BE UNDER NO OBLIGATION TO DO SO. NECF MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Site, you hereby grant to NECF a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against NECF for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You hereby agree to indemnify, defend and hold NECF, and all its officers, managers, members, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of or related to (i) the Communications as provided to NECF or (ii) any breach by you of the Policy or the representations, warranties and covenants contained herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NECF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NECF.
This Policy will be governed by the laws of the State of Connecticut applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Connecticut and Fairfield County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We reserve the right to suspend the Site or your use of the Site or terminate this Policy at any time without notice for any reason, including, in the case of the Policy, for your violation of any of its provisions. The Disclaimer and Limitation of Liability, Communications, Indemnification, Governing Law and General sections of this Policy shall survive any such termination.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining to your use of the Site, and any and all written (except to the extent your agreement with NECF with respect to any NECF product or service governs your use of the Site) or oral agreements heretofore existing between the parties hereto are expressly canceled.
NECF takes your privacy seriously. We know you trust us to help with your flooring needs, and we want you to know that you can trust us with your personal information.
WHY WE NEED YOUR PERSONAL INFORMATION
NECF may collect personal information from you from information you voluntarily provide if you register, make a purchase from or participate in the Site. We receive general contact information including, but not limited to, your name, address, telephone number, your email address and, in some cases, your credit card number. We might monitor your use of the Site through your IP address, computer settings or most recently visited URL. We also may receive information about you from other sources, such as updated address information. We may contact you about your account status or changes to any policies relevant to you. In general, NECF only uses the information you provide to us for the purpose for which the information was provided. For example, here are some of the ways we use your personal information:
- Complete your requests.
- Send you newsletters or information by mail or email about our services or products and services provided by some of our partners; you may opt-out of receiving future mailings from NECF and other entities by following the instructions set forth in the “Control of Personal Information” section below.
- Ask you for your feedback to help make our services and the Site better.
- Use your IP address to help diagnose problems with our server and to administer our web site.
- Respond to your email requests for information and/or customer service. If you are located outside of the United States, please note that the personal data you provide to us will be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer.
DISCLOSURE OF PERSONAL INFORMATION
We may also collect customer information on an aggregate basis and disclose the aggregate data to prospective partners or other outside parties. Aggregate customer statistics are not personally traceable to you. NECF may post collected data on the Site or share, rent, sell or otherwise disclose data to third parties. Any third party to which NECF shares, rents, sells or otherwise discloses personal data will be carefully pre-screened by NECF, determined by NECF to be reputable, and will use the personal data for marketing products and services which NECF determines, in its sole judgment, that visitors might find of interest. NECF will disclose to third parties only information knowingly and voluntarily disclosed by visitors. Through the use of third party cookies, advertisers will be electronically notified when visitors view or click on its advertisements. Other than as explained above, NECF will not disclose your personally identifiable information to outside parties except: (i) to the extent necessary to provide you with a service you purchased from NECF, which is provided by a third party under contract with NECF; (ii) when we believe in good faith that any applicable law, regulation, or legal process requires disclosure; (iii) when we believe disclosure is necessary to protect or enforce our rights or the rights of another customer; (iv) under urgent circumstances to protect the personal safety of users or members of the public; or (v) as otherwise authorized by you in writing. We may also provide information to governmental agencies or other companies assisting us in fraud prevention or investigation, when: (1) permitted or required by law; (2) attempting to protect you, another customer or NECF against actual or threatened fraud; or (3) investigating fraud that has already taken place.
CONTROL OF PERSONAL INFORMATION
If you have set up an account with us, you can visit the Your Account section of NECF anytime to see personal information we have collected about you and to tell us if you want to receive any promotional mail or email from us. To the extent that NECF uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes, it is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information. NECF allows you to change or modify the information you have previously provided to us. Upon request via e-mail or postal mail, NECF will provide you with a summary of any of your personal information retained by NECF. You may modify, correct, change, or update your personal record on NECF’s database. NECF will only send personal records to the e-mail address on file for the visitor name associated with it. Upon request, NECF will also remove your personal information from its database, thereby canceling your registration, if any, and your license and permission to use the Site. Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records. The Site also provides you the opportunity to opt-out of receiving all marketing communications via your e-mail account from our partners or NECF. To opt-out of these e-mails, change or modify your personal information or cancel your registration, please visit the Your Account section of the Site or send an e-mail to firstname.lastname@example.org.
INFORMATION ABOUT CHILDREN
We do not knowingly post or collect identifiable information from children under the age of sixteen (16) without a parent or guardian’s consent. Further, if you are under age 13, a law called the Children’s Online Privacy Protection Act (COPPA) requires us to have such permission before we may collect or use your personal information. We will need this permission before we are able to create an account for you. Parents of children under the age of 13 are welcome to call us at 203-227-2819 to review any identifiable information we have collected about your child. If you desire, you may request that we delete this information and/or specify that we collect no more of your child’s information. Please note that we will need to verify the identity of anyone requesting information about a child to ensure that the person is in fact the child’s parent or legal guardian and that a request for us to delete all personal information about a child may affect our continued ability to offer our products and services to such child.
LINKS TO OTHER SITES
Sometimes, we link to other sites. NECF does not make or control these sites, and we are not be responsible for contents or privacy practices of those sites. Please check the privacy policies on the linked site before disclosing information to anyone.
GENERAL COMMENTS ON PRIVACY AND SECURITY
While NECF has endeavored to create a secure and reliable site for its customers, NECF cannot ensure or warrant the security or confidentiality of any information customers transmit to and from the Site. When disclosing any personal information, you should remain mindful that the information is potentially accessible to the public, and consequently, can be collected and used by others without your consent. You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online. NECF will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form. However, transmissions made by means of the Internet cannot be made completely secure.
CALIFORNIA PRIVACY RIGHTS
Once a calendar year, California residents who provide personal information in obtaining products or services for household use are entitled to request and obtain from NECF information about the customer information that we shared, if any, with other businesses for their direct marketing uses, such as the types of information shared and the names and addresses of those businesses for the prior calendar year. To request such information, please email us at email@example.com.
New England Custom Floors, LLC
611 Riverside Avenue
Westport, CT 06880