Terms & Conditions

Copyrights

This Site and the materials within it are © 2019 Long’s Carpet , Inc. ("Long’s Carpet"). Viewing this Site creates a copy of Long’s Carpet materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.

Use License
Long’s Carpet grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Long’s Carpet that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Long’s Carpet relating to the sale of products or services to you through this Site, Long’s Carpet will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Long’s Carpet and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Long’s Carpet aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Long’s Carpet, the Long’s Carpet logo and the other Long’s Carpet formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Long’s Carpet. Long’s Carpet prohibits use of the Long’s Carpet logo as part of a link to or from any site unless establishment of such a link and use of the Long’s Carpet logo is approved in advance by Long’s Carpet in writing. Fair use of Long’s Carpet’s Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Prohibited Conduct
In connection with your use of this Site, you may not:

§ "harvest" (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site,

§ use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,

§ "stream catch" (download, store or transmit copies of streamed content),

§ obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,

§ "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems,

§ circumvent or reverse engineer the Site or its systems, or

§ restrict or inhibit another user or users from using and enjoying this Site.

In addition, if you post something to this Site, such as comments or other content, you may not post anything that:

§ infringes any third party intellectual property right (such as copyrights),

§ is defamatory (i.e., something that is negative and untrue about another person or entity),

§ divulges another person’s or entity’s confidential or private information or trade secret,

§ is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,

§ encourages criminal conduct,

§ advertises or solicits business for products or services other than those that are offered and promoted on this Site, or

§ contains any virus, malware, spyware or other harmful content or code.

Product Orders/Shipping
Long’s Carpet cannot guarantee the availability of any particular product displayed on this Site. Long’s Carpet reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Long’s Carpet reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Jobsite or Residential Delivery of flooring products is "curbside" truck height only. If you require special shipping arrangements (Liftgate, Inside Delivery, Upstairs, Rooftop, Expedited or Guaranteed delivery date, etc.), we recommend that you specify these desires in your shipping method for a custom quote as additional charges could apply. A business delivery is considered to be a business with a dock or unloading method appropriate for the type materials being delivered as well as the manpower to handle the shipment. All shipments are considered FOB from the shipper. For online or phone orders, merchandise may be shipped FOB from multiple locations direct to you or to Longs's Carpet's store for pickup. Claims for damages must include a delivery bill with damage noted at time of delivery. Long's Carpet is only liable for the condition of the merchandise up to the time it is loaded onto the delivery truck. All liability from this point to point of delivery is on the freight carrier. Long's Carpet cannot file claims with the carrier on your behalf if damages are not noted on the delivery receipt upon arrival of merchandise. Long's Carpet accepts no liability for damages or delay's once the merchandise has been transferred to the common carrier freight party.

Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than Long’s Carpet. Such links are provided for your reference only. Long’s Carpet does not control outside Sites and is not responsible for their content. Long’s Carpet’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Long’s Carpet’s inclusion of the links imply that Long’s Carpet is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Employment Information
Long’s Carpet may make employment information available through this Site. Long’s Carpet is an equal opportunity employer. Long’s Carpet provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Long’s Carpet’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

Contacting Us
If you have any questions about this agreement, please call us at 1-800-545-5664 or use the contact us page at www.longscarpet.com Although Long’s Carpet will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Long’s Carpet does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

Submissions
Long’s Carpet is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, e-mails, submissions to contests, or "before and after" pictures and/or commentary) to Long’s Carpet (the "Submissions"), the Submissions shall be deemed, and shall remain, Long’s Carpet’s property. The Submissions shall not be subject to any obligation of confidentiality on the part of Long’s Carpet and Long’s Carpet shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to Long’s Carpet, you agree that Long’s Carpet has the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. MAIL Brian Long, General Counsel, Long’s Carpet, 2625 South Dixie Hwy, Dalton, GA 30721 or by email to brian.long@longscarpet.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these terms and conditions. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the terms and conditions that were in effect as of the date of your suspension or termination.

General
You agree that this agreement and your use of this Site are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dalton, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is determined to be illegal or unenforceable, the remainder of these Terms and Conditions shall continue to be fully valid, binding, and enforceable.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceeding shall be brought and held in Dalton, Georgia, USA. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that Long’s Carpet may at any time change the terms, conditions, and notices under which this Site is offered. Such changes will be effective when posted. By continuing to use the Site after we post any such changes, you accept the terms and conditions as modified. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Long’s Carpet as a result of this agreement or your use of this Site. Long’s Carpet’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Long’s Carpet’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Long’s Carpet with respect to such use.

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

This agreement, the privacy and security statement, and any terms of sale constitute the entire agreement between you and Long’s Carpet with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Long’s Carpet with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Long’s Carpet in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Long’s Carpet in printed form.

If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions shall continue to be fully valid, binding, and enforceable. These terms and conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or us.