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Terms of Use

Introduction
Welcome to Flamingo's Flooring website. This website or mobile application (collectively the "Site") is owned and operated by Flamingo's Flooring ("Flamingo's Flooring", "Company", "Seller", "We", "Us", "Our" as appropriate). All visitors and users of the Site ("You", "Yours", "User", "Users" as appropriate). The Site includes without limitation, our flooring products and installation services (collectively the "Services"). It contains information such as brands, logos, trademarks, trade names, service marks, advertizing, emblems, designs, products, pricing, information, text, photographs, marketing, documents, images, layouts, graphics, messages, communication, copyrighted materials, audio, video presentations, and other information provided by us on or through the site (collectively the "Content"). Please review these terms of use, which govern your use of the site (http://www.flamingosflooring.com). and by accessing, registering, making a purchase, interacting, and using this site, constitutes your unconditional agreement to be bound by these terms of use and privacy policy terms and conditions (collectively, the “Terms”).

Modifications Of Terms Of Use
Flamingo's Flooring may, in its sole discretion, change, modify, add or remove Terms of this agreement at any time. Changes shall be effective immediately, and subsequent use by You of this site shall constitute Your acceptance of the Terms. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes, and if You do not agree to the amended Terms, you as the User, agree to immediately stop using the Site and Services and to provide us notice to remove You from any distribution lists or other communication list that are available to You through the use of the Site and Services. We may modify, update, suspend or discontinue the Site and Services, in whole or in part, at Our sole discretion for any or no reason, at any time and with or without notice and we shall not be liable to any User or other third party for any such modification, update, suspension or discontinuance.

Intellectual Property
The Site content (and any intellectual property and other rights relating thereto) is and will remain the property of Flamingo's Flooring and its licensors and suppliers. We include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners. The Site Content, selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and You acknowledge that these rights are valid and enforceable. The trademarks, trade names, service marks, designs and corporate logos and emblems displayed on this Site belong exclusively to Flamingo's Flooring, our third party vendors, manufacturers, suppliers, licensors or others, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws. Nothing on this Site confers on You any license or right under any copyright, trademark or service mark of Flamingo's Flooring or any third party, by implication, estoppel or otherwise. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.

Site Use Conditions
Your use of the Site is subject to full compliance with these Terms. Flamingo's Flooring grants you permission to use the Site and to print individual pages for Your own personal, noncommercial use, provided that You agree to and accept without modification the Terms set forth in this agreement. You agree to not reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, display, publish, license, create derivative works from, transfer or sell any information, or otherwise exploit the Site, Services and Content for any purpose except for Your personal use and as described in these Terms, without our written consent. You further agree You will not do the following (collectively "User Conduct"):

Non-Permitted Site Use
Submit data or information to or through the Site that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless You are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information.
Transmit content that is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Flamingo's Flooring or any third party’s intellectual property rights or other rights.
Falsify Your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Flamingo's Flooring, or otherwise attempt to mislead others.
Post comments that is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation.
Intentionally or unintentionally violate the Terms.
Use the Site or Content on or from the Site for any unlawful purpose.
Express or imply that any statement You make is endorsed by Flamingo's Flooring.
Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully.
Remove any copyright, trademark or other notices of proprietary rights contained on the Site.
“Frame” or “mirror” any part of the Site without Flamingo's Flooring prior written authorization.
Harvest or collect information about Site visitors.
Modify, adapt, sub license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
Use the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights.
Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services.
Use the Site and Services or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any content that contains advertisements, promotional materials, junk mail, or any other form of solicitation.
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.
Transmit or submit any materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services.
Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its Contents.
Access, download, monitor, or copy any information contained on our Site and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site and Services.

Permitted Site Use
Permitted uses of the Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Flamingo's Flooring site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Flamingo's Flooring site for personal use, not for resale. You may also invite people You know to join the Flamingo's Flooring site. You acknowledge and agree that We do not control the User Content posted to the Site, or any links to other websites, including the Content of any messages posted by Users, and that We do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Site, or (ii) We do not make any promises, guarantees or warranties with respect to any of the User Content or products, Services, information, Content or materials featured or mentioned on the Flamingo's Flooring site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Flamingo's Flooring. You understand that, by using the Site, You may be exposed to User Content that may be offensive, indecent or objectionable.

Registration
In order to access some features of Flamingo's Flooring site, You may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Flamingo's Flooring Site. If you register, You agree to provide Us with accurate and complete registration information, and to inform Us immediately of any updates or other changes to such information. For example, You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the Terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.

Security
You are responsible for maintaining the confidentiality of Your password and You are fully responsible for all activities that occur under Your User ID and password, whether or not You authorize such activities. Any User ID and password for Your access to the Flamingo's Flooring site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of Your User ID or password of which You become aware, and (b) ensure that You exit from your account at the end of each session.

User Content
Flamingo's Flooring allows Users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Flamingo's Flooring Site (collectively “ User Content”).  Content should be written in English.
By submitting Content, You warrant that (i) You are the sole author and owner of the Content; (ii) You are at least 18 years old or if You are under the age of 18, You are at least 13 years old and Your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (iii) use of any Content You supply will not violate any Term of this Agreement and will not cause injury to any person or entity.
If You make any submission to the Flamingo's Flooring Site, You automatically grant, or warrant that the owner of such Content has expressly granted Flamingo's Flooring, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. You grant to Flamingo's Flooring all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Your Content by any other party. Flamingo's Flooring may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to Us that You do not wish to license to Us. Flamingo's Flooring is and shall be under no obligation (I) to maintain any Content in confidence; (II) to pay any compensation for any Content; or (III) to respond to any User Content.  You grant Flamingo's Flooring the right to use the name that you submit in connection with any Content.
Although Flamingo's Flooring cannot monitor all Content, You understand that Flamingo's Flooring shall have the right, but not the obligation, to monitor the Content of the Flamingo's Flooring Site to determine compliance with this agreement and any other operating rules that may be established by Flamingo's Flooring from time to time. Flamingo's Flooring shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on the Flamingo's Flooring Site for any reason, including violation of this Agreement, whether for legal or other reasons. Flamingo's Flooring cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You understand that all posted on, transmitted through or linked through the Site and Services, are the sole responsibility of the person from whom such Content originated. You understand that Flamingo's Flooring does not control, and is not responsible for Content or service provider Content made available through the Site and Services, and that by using the Site and Services, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content. Notwithstanding this right of Ours, You are solely responsible for any Content You submit and you agree to indemnify Flamingo's Flooring and its affiliates for all claims resulting from any Content you submit.
In no event Flamingo's Flooring will be liable, directly or indirectly, to anyone for any damage or loss of any nature whatsoever arising from or relating to any use, continue use or reliance on any User Content, any error or omission in any User Content, or defamatory statements, or confidential or private information, offensive or illegal conduct, of any User or third party. You expressly agree that You bear any and all risks associated with Your access to, contribution to, use of and/or reliance on User Content. You waive the right to bring or assert any claim against Flamingo's Flooring relating to Content, and release Flamingo's Flooring from any and all liability for or relating to any Content. Flamingo's Flooring has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

Site Accessibility
Flamingo's Flooring Site and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Flamingo's Flooring is not responsible for any delays, failures or other damage resulting from such problems.

Disclaimer of Warranties and Limitation of Liability
To the extent permitted by law, You assume all responsibility and risk for the use of the Site. The Site, the Content and Services offered through the Site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Flamingo's Flooring, all subsidiary, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Flamingo's Flooring and its licensors, vendors, suppliers, advertisers, sponsors, agents and representatives do not warrant that Your use of the Site will be uninterrupted, error-free or secure; that defects will be corrected; or that the Site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for Your use of the Site and your reliance thereon. No opinion, advice or statement by Flamingo's Flooring, or Flamingo's Flooring's licensors, vendors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that Flamingo's Flooring shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Site. Flamingo's Flooring does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
You agree that Flamingo's Flooring and its affiliates, will not be responsible or liable for damages of any kind arising out of your use of the Site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the Site. This also includes delays in being able to use the Site, the inability to use the Site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Flamingo's Flooring and / or its and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these Terms.
You should use Your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the Site and any materials provided through the Site are entirely at your own risk.

Indemnification
You agree to indemnify, defend and hold harmless Flamingo's Flooring, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms by you; (b) the inaccurate or untruthful Content or other information provided by You to Flamingo's Flooring or that You submit, transmit or otherwise make available through the Services; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Flamingo's Flooring will have sole control of the defense of any such damage or claim.

Links From This Site
We have provided hyperlinks from this Site and descriptions of or references to selected third party Web sites, products and services as a convenience to you. However, by providing such links, we are not endorsing such third parties or their Web sites or their products or services. We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, You do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you.

Links To this Site
If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) any link to our Site must contain the image of our logo and text "Flamingo's Flooring"; (ii) the link must "point" to the URL www.flamingosflooring.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that You or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with Us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) We reserve the right to revoke Our consent to the link at any time in Our sole discretion and You will remove the link immediately upon Our request. By linking Your Web site to Ours, you are agreeing to be bound by these Terms.

Images & Colors
Flamingo's Flooring and its suppliers have made significant efforts to accurately display the colors of products that appear on the Site.  However, as the actual colors You see will depend on Your monitor, We cannot guarantee that Your monitor's display of any color will accurately reflect actual product color or finish.

Entire Agreement
These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between You and Flamingo's Flooring. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Flamingo's Flooring regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Flamingo's Flooring under these Terms of Use.

Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California and the United States of America, without reference to any choice of law rules under California law. You agree that any action at law or in equity arising out of or relating to these Terms or relating Your use of this Site will be filed only in the state or federal courts located in Alameda County, California, and You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.

Miscellaneous
These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with You regarding Your use of this Site. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions deemed enforceable by applicable courts of law.

Violations
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of Our legal or equitable rights. You agree to defend and indemnify Us from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your violation of these Terms or Your use of this Site; (ii) any allegation that any materials you submit to Us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) Your activities in connection with the Site.

Contact Us

If you have any questions, comments or concerns about this Terms of Use, please feel free to contact us:

Mailing address: Flamingo's Flooring 1271 Washington Ave., San Leandro, CA  94577

Business location: 2543 Williams Street, San Leandro, CA  94577

Ph numbers: 510-895-5400  |  925-828-9600  |  408-262-6068  |  650-655-6600

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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510-895-5400 East Bay

650-655-6600 Peninsula

408-262-6068 South Bay

925-828-9600 Outer East Bay

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