Last updated: March 9, 2017
FloydHome.com (including related domains and mobile sites, the "Site") is the official website for Floyd, Inc. ("Floyd"). We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personally identifiable data about you to us, you agree to be bound by these Terms of Service set forth below (the "Terms").
Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the "Contents") are intended for personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. We may change, move or delete portions of, or may add to our Site or its Contents from time to time, and these Terms cover any subsequent changes or modifications to our Site and/or its Contents.
The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and all worldwide right, title and interest in and to the Site and its Contents are owned by Floyd or its licensors. Floyd, FloydHome.com, The Floyd Leg, and all other trademarks appearing on the Site are trademarks of Floyd or are licensed and/or used with permission. You agree not to display or use such trademarks without Floyd's express permission.
User Comments, Feedback, Postcards and Other Submissions
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Floyd on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Floyd property. Floyd is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting a Comment, you represent and warrant that any Comment you submit does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary rights. You further represent and warrant that any Comment you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you submit.
We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when order was submitted on the Site.
We have a 30-day return policy. Please initiate your return by visiting www.floydhome.com/apps/returns. Regular item returns are subject to a 10% restocking fee, and made-to-order items are subject to a 50% processing fee for returns & cancellations to account for the manufacturing and shipping & handling costs incurred. Original shipping and delivery fees are non-refundable. In order to receive a refund, your order must be returned in its original packaging. After submitting your return request, we will send you a prepaid shipping label or arrange for your return pick-up (depending on your original shipping method), and once the product is inspected for quality and checked into our warehouse, we will issue your refund (provided that only purchases made from www.floydhome.com within the contiguous US qualify for free return shipping). All packages being returned with a pre-paid return label must move back into transit with the approved carrier within 30 days of receiving the return labels. After the return has reached our facility, please allow for 5-10 business days for the refund to be issued to your account.
If you are unable to comply fully with the return policy, or if your return arrives damaged, unfortunately you may not be entitled to a full refund or any refund.
Failed Deliveries, Returned & Missing Packages
In the case that the mailing service is unable to deliver a package due to an incorrect address entered by the customer, the customer's refusal to pay duties, multiple failed attempts to reach the customer at point of delivery, or otherwise, Floyd is not responsible for payment of return shipping costs levied by the courier. Similarly, Floyd is not responsible for the payment of re-shipping merchandise to the customer. In cases such as these, the customer is responsible for all shipping costs associated with returned packages due to failed delivery.
If a package(s) are confirmed delivered by the mailing service but the customer cannot locate the package(s), Floyd must be notified within 7 business days of the marked date of delivery in order for a replacement to be initiated.
You may not:
• modify, alter, reverse engineer, or create derivative works of this Site or its Contents;
• distribute to third parties or publicly display its Contents or use any portion thereof for commercial purposes, except as expressly authorized;
• scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other user's personal information;
• send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
• remove, modify, or obscure any copyright, trademark, or other proprietary notice;
• attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm Floyd or any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means;
• or otherwise use or access this Site, its Contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.
You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless Floyd and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys' fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.
Disclaimer of Warranty
The site and all content therein, and any products and services offered through the site, are provided on an "as-is" and "as-available" basis, without warranty of any kind. Floyd and its licensors and suppliers expressly disclaim and exclude to the fullest extent permitted by law any and all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Floyd does not warrant or make any representations of correctness, completeness, accuracy, reliability, availability, support, timeliness, safety, or performance with respect to the use of the site or its content. Floyd makes no warranty that the site or the products or services will meet user's needs or be error free or accurate. Any representation or warranty not expressly contained herein will not be enforceable.
Limitations of Liability
To the maximum extent permitted by law, and notwithstanding any other provision of this agreement, Floyd will not be liable for any direct, indirect, special, exemplary, or consequential damages, whether in contract, in tort (including negligence), or otherwise, including for loss, corruption, or inaccuracy of data, lost profits, lost business, cost of procurement of substitute goods or services, or liability or injury to third persons, whether foreseeable or not and regardless whether Floyd has been advised of the possibility of such damages. In no event will Floyd's total cumulative liability arising out of or related to this agreement exceed one hundred U.S. dollars ($100.00). The existence of multiple claims will not enlarge this limit. This limitation will apply notwithstanding any failure of essential purpose of any limited remedy.
This Site originates from the State of Michigan. Floyd makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Eastern District of Michigan. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
Modifications to these Terms
From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed.
These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to Floyd in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without Floyd's express prior written consent. Floyd may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party's permitted successors and assigns. In the event that any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.