This website is operated by Buyislander Com Technologies LLC (“Islander Flooring”, “we”, “our” or “us”).  These terms and Conditions govern Islanderflooring.com.  by using, interacting, or making purchasing with/through the Website, mobile site or applications, products, software and other service (collectively, the “Services”), you are agreeing to the following Terms and Conditions.

Eligibility

The services are not intended for use or access by anyone under the age of 18.  If you are under the age of 18, you may not use or access the Website or provide us with any personally identifiable information.  If you are fully able and competent to enter into the terms, conditions, representations and warranties wet forth in the Terms and Conditions; otherwise, please exit the Website.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on this Website including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes software layout, sound, video, design forms and the selections and arrangement thereof (“Site Materials”) for personal, noncommercial transitory viewing only.  This is the grant of a license, not a transfer of title, and this license does not include, without limitation:

• any resale or commercial use of this Website or any Site Materials;
• modification, adaptation, translation, reverse engineering, decomplication, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser;
• copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but no limited to, electronic, mechanical, photocopying, recording or otherwise;
• The collection and use of any product listings or descriptions;
• Making derivative uses of this Website or any Site Materials; or
• Use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from this Site or any other user of this Website.

This materials contained in this Website are protected by applicable patent, copyright, and trademark law.  Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Buyislander.com Technologies LLC, Island Flooring or any third party.  You may not use any meta tags or any other “hidden text” utilizing Islander Flooring’s name, trademark, or product name without Islander Flooring’s express written consent.

This license shall automatically terminate if you violate any of these Terms and may be terminated by Islander Flooring at any time.  Upon terminating your viewing of this Site Materials or upon the termination of this license, these Terms shall still apply, and you must destroy any downloaded materials in your processions, whether in electronic or printed format.

Account & Registration

You are required to set up a user account to use certain feature of the Website (“Account”), such as making a purchase and product reviews.  You will need to provide a username, password, and other information such as your name and email address.  If you provide information at the Website, you agree to: (1) provide accurate, current true and complete information about yourself; and (2) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete.  If you provide any information that is false, misleading, outdated, or inaccurate, Islander Flooring has reasonable to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

By register and complete your account registration process, you are fully responsible for maintaining the confidentiality of the account, password and responsible for all activities that occur under your account and password.  You agree to: (1) immediately notify Islander Flooring of any unauthorized use of your account, password, or breach of security; and (2) ensure that you exit of your account at the end of each session.  You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Island Flooring.  The Islander flooring cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Comments, Feedback & Other Submissions

We welcome all comments and feedback regarding our products and Websites.  We do not solicit nor accept confidential or proprietary information from you either through Website, email social medias or any other way.  By submitting or sending comments, feedbacks and other information and materials to us you represent and warrant that the information and materials is original to you and that no other party has any rights to the information or material.  All comments, feedback and other information and materials submitted shall be and remain property of Islander Flooring.  Islander Flooring have the unrestricted right to use, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, perform and display such material and information other works in any form, media or technology now known or later developed.

By submitted any comments, feedback and other information and materials, you are responsible for your use of and communications at the Website.  You agree not to post on our transmit through this Website any unlawful, infringing, threatening, harassing, indecent, offensive, defamatory, obscene, profane, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. 

Disclaimer

This Website, the site material and the products and services available on this Website are provided on an “as it”.  Islander Flooring makes no warranties of any kind, either expressed or implied, and herby disclaims and negates all warranties, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement of intellectual property or other violation of rights with respect to this Website, the Site Materials and the products and services available on this site, Islander Flooring does not warrant or make any representations concerning the accuracy, completeness, likely results, reliability, or currency of the Site Materials or the products and services available on the Website or otherwise relating to materials, products or services on any websites linked to this Website. Islander Flooring is not responsible for typographical errors or omissions relating to pricing, text, or photography.  Islander Flooring does not represent or warrant that this Website or its server(s) are free of viruses or other harmful components.  You expressly agree that use of this Website, including all content, data or software distributed by, downloaded, or accessed from or through this Webiste is at your sole risk.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.  

Limitation of Liability

To the Fullest extent permitted by applicable laws, in no event shall Island Flooring or its suppliers be liable for any special, punitive, exemplary, indirect, incidental, or consequential damages, loss of use, loss of profits, or loss of data, whether in an action in contract, trot (including, but not limited to, negligence), or otherwise, arising out of or in any way related to Islander Flooring’s operation of, or your use of, this Website, the Site Materials or the products and services available on this Website, even if Islander Flooring or its authorized representatives have been notified orally or in writing of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Islander Flooring (whether in contract, warranty, tort, including but no limited to negligence, product liability, strict liability or other theory of liability arising out of or relating to Islander Flooring’s operation of or your use of this Website, this Site Materials or the products and services available on this site exceed $100. 

The limitations set forth in this section will not limit or exclude liability for the gross negligence, intentional misconduct or fraud of Islander Flooring in connection with operating this site.

Revisions and Errata

Subject to applicable laws, Islander Flooring:

1. reserves the right to change the products and services advertised or offered for sale through this Website, the prices or specifications of such products and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person;
2. cannot guarantee that products or services advertised or offered for sale on this Website will be available when ordered or thereafter;
3. reserves the right to limit quantities sold or made available for sale;
4. does not warrant that the Site Materials (including, without limitation, product descriptions or photographs) are accurate, complete, reliable, current, or error-free; and
5. reserves the right to cancel, terminate or not to process orders (including accepted orders) where the price or other material information on this Website in in accurate or when it recognizes abuse of its policies.

If Islander Flooring does not process an order for such reason, it will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.

Sales Tax

Sales tax will be determined and charged as of time of shipping on orders shipped within the US except on orders delivered to Alaska, Delaware, Montana, New Hampshire, and Oregon.  Sales tax shown in the checkout process may be incorrect in amount or application.  We reserve the right to make an adjustment to the amount charged at any time to reflect the correct sales tax amount regardless of what is shown in the checkout process.  In the event of errors in our sales tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation.  No sales tax is charged on the purchase of a Gift Card.

Purchase Policies

If you make a purchase at this Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method.  Your purchase will be subject to additional purchase terms and conditions (collectively, “Purchase Policies”) appearing on the Shipping, Returns & Exchanges, and Taxes pages, which are hereby incorporated into and made part of these Terms and Conditions.  Please review our Purchase Policies before making any such purchases.  By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.

Links

1. Links to this Website

You are granted a limited, non0exclusinve right to create a hypertext link to the home page only on this Website, provided such link does not portray Islander Flooring or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked at any time.  You may not use, frame or utilize framing techniques to enclose any Islander Flooring trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page, or form contained on a page without Islander Flooring’s express written consent.  All other linking is prohibited without prior consent from Islander Flooring.  Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Islander Flooring or any third party.

2. Third party Links

General

You acknowledge that this Website permits access to products, services, websites, advertisements, promotions, recommendations, advise, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Part Content and Services”).

Disclaimer

You acknowledge that Islander Flooring does not investigate, monitor, represents, or endorse the Third Party Content and Services (including any third party websites, business listings, data or search results available through this Website).  Furthermore, your access to and use of the Third Party content and Services is at your sole discretion and risk, and Islander Flooring and its Affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services.  Islander Flooring hereby disclaims any representation, warranty, or guaranty regarding the Third arty Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.

Third Party Terms of Service

You knowledge and agree that your access to and use of the third Party Content and Services and any correspondence or business dealings between you and any third party located using this Website are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein.  Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice.  You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Islander Flooring and its Affiliates, partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on this Website.  Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent, or other intellectual property right in the Third Party content or Services or any products, services, processes, or technology described or offered therein.

Endorsements

You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service (including any third party website, business listings, data, end-user content (including suggestions, comments and recommendations) or search results available through this Website shall not constitute or imply any endorsement by Islander Flooring of suck Third Party Content and Services.  Islander Flooring reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through this Website although Islander Flooring has no obligation to restrict or deny access even if requested by you.

Inappropriate Materials

You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.  Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Islander Flooring and its Affiliates, partners, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

Use of Third Party Content and Services

You agree that the Third Party Content and Services contain proprietary information and material that is owned by Islander Flooring’s partners, suppliers, and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for per mitted use of the Third Party Content and Services.  No portion of the Third Party Content and Services may be reproduced in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity.  You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Islander Flooring is not in any way responsible for any such use by you. 

Intellectual Property

All Site Materials are owned by Islander Flooring and other and are protected by United States and international copyright, trademark and other laws.

The trademarks, service marks and logos used and displayed on this Website are either trademarks or registered trademarks of Islander Flooring and may not be copied, imitated or used, in whole or in part, without the prior written permission of Islander Flooring.  In addition, all page headers, customer graphics button icons, and scripts are trademarks, and/or trade dress of Islander Flooring, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Islander Flooring.  All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Except as stated in these Terms, none of the materials and intellectual property described in these Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Islander Flooring or the respective intellectual property owner.  You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only.  Any other use of the materials in this Website (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Islander Flooring, is strictly prohibited.

To notify us of a suspected copyright infringement, write to us at:

Islander Flooring

Attn: Legal Dearpatment

PO Box 691

Tualatin, OR 97062

Include the following (please consult your legal counsel or see Section 512(2)(3) of the Digital Millennium Copyright act to confirm these requirements):

1. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. A description or identification of the copyrighted work you claim has been infringed.
3. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow Islander Flooring to find it.
4. Your address, phone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law.
6. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

Repeated violations of others’ copyrights may result in a loss of privileges.

United States Usage

This Website is operated by a United States entity and is governed by the state and federal laws of the United State.  The laws of your Jurisdiction may be more or less strict than the laws that apply to this Website.  Islander Flooring makes no claims that this Website or any of its content is accessible or appropriate outside of the United State.  If you access this Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use this Website or Islander Flooring services if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the government of the country where you are accessing this Website or using Islander Flooring service.  You are responsible for compliance with all United States or other export and re-export restrictions that may apply to goods, software, technology, and services.

 Site Terms of and conditions of Use Modifications

Islander Floors may revise these Terms for this Website at any time in its sole discretion without notice.  If the Terms are changed, we will post the new terms on this Website and note the date they were late updated.  Any changes or modification will be effective upon posting of the Terms as revised, and your use of this Site following the posting will constitute your acceptance of the new Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.  Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Terms, this Website, the Site Materials or the products and services available on this Website shall be filed and adjudicated only in the federal or state courts located in Tualatin, Oregon, and you herby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.

Orders and Return Policy

By accepting the terms and conditions box on the checkout page, are also accepting Islander Flooring orders and return policy.

Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.  Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waivers

No wavier, express or implied, by either party of any breach of or default under these terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

This document was last updated on 12/14/2022.