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THE PERFECT RUG TERMS OF SERVICE

Welcome to The Perfect Rug!  The Perfect Rug gives you the opportunity to create a custom rug to your exact specifications (within 1/2 inch), shipped to you in as little as two weeks at a price that compares favorably to ready made rugs from leading retailers.

The following Terms of Service (“ Terms” ) govern the services provided to you by California Carpet, LLC, doing business as The Perfect Rug (“ The Perfect Rug” , “ we” , “ us” , and “ our” ), and your use of theperfectrug.com website and our associated monthly newsletters (“ Site” ).  

We may, in our sole discretion, modify or revise these Terms and policies from time to time, without specific notice to you, by posting the amended Terms on this Site.  Please read them carefully each time you visit the Site and before every purchase you make through the Site.  If you are a newsletter subscriber, we additionally will notify you of any changes to these Terms via the email address you have provided to us.  Please ensure that our email is not filtered from your Inbox by your ISP or email software.  You agree that your use of the Site after the date on which the Terms changed will be an indication of your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.

TERMS AND CONDITION OF SALE


I. TERMS OF SALE

1.      We are not responsible for delays beyond our control such as late vendor shipment, trucking delays or delays caused by natural disaster.  We will do our best to keep you informed of shipment status.

2.      Customer shall assume all risk of loss or damage to materials upon their delivery

3.      Limited Warranty:  We will use reasonable efforts to inspect materials before being delivered to the customer.  In the event of a manufacturing defect, we will use reasonable efforts to expedite manufacturing-related claims in accord with the manufacturer’ s warranty.  To report a defective item, please contact Customer Service.  In the rare case that a delivered product is determined defective by The Perfect Rug, we will gladly exchange the item at no cost if reported within 30 days of receipt.  All defective items must be returned like new in their original packaging.  If you have disposed of your packaging, Customer Service will send you replacement wrapping.

4.      All textile fabrics have some degree of variability. It is normal for The Perfect Rug material to have dye or textural variations from samples and from dye lot to dye lot.  Such variations are not a basis for a defect claim. Please note that rug materials can expand or contract and as such rug dimensions may be plus or minus 1/2 inch from specified dimensions.

5.      Since our rugs are custom made to your specifications, no refunds or exchanges are possible.  All orders are FOB Shipping Point and are paid in full when the order is placed.  CUSTOMER’ S SOLE REMEDY, FOR ANY DEFECT OR COMPLAINT RELATING TO ANY PRODUCT PROVIDED BY THE PERFECT RUG, IS LIMITED TO REPAIR OR REPLACEMENT, AT THE PERFECT RUG’ S OPTION, OF ANY ITEM DEEMED DEFECTIVE BY BOTH CUSTOMER AND THE PERFECT RUG, AND TIMELY NOTICED TO THE PERFECT RUG AS SET FORTH IN PARAGRAPH 3, ABOVE.

6.      Except for the Limited Warranty set forth in paragraph 3 above, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO THE MATERIALS WARRANTIES APPLICABLE TO MATERIALS ARE LIMITED TO THOSE PROVIDED BY THE MANUFACTURER.  THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PURPOSE ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.

7.      Except for a breach of the Limited Warranty set forth in paragraph 3 above, and other than the remedy set forth in paragraph 5 above, IN NO EVENT WILL THE PERFECT RUG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT RUG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.
 
II. REVIEW OF YOUR ORDER
 
We provide the online tools for you to design and review your custom rug order before submission.  Because of the custom nature of each order, we are unable to accept returns, so we encourage you to carefully review your order to ensure its accuracy before submitting.
 
Because we are an online business and because we can not allow for returns, we highly recommend you learn about our materials and request samples before you place any order for the purchase of a rug.  We will ship your samples within 2 to 3 business days via First Class mail.  Please contact us if you would like special accommodations.
 
III. PRODUCT COLOR AND MATERIAL REPRESENTATIONS
 
We attempt to describe our products as accurately as possible.  However, we can not guarantee that product representations appearing on this Site are completely accurate.  Colors and textures, as they appear on your computer monitor, may vary slightly from the actual materials.  To assist in receiving an order that satisfies your needs, please order samples before placing your order.
 
IV. RETURNS, EXCHANGES AND CANCELLATIONS
 
Since our custom rugs are made to your specifications, they cannot be changed, canceled or returned for any reason other than warranty repair once the order has been placed.

V. PAYMENT AND SALES TAX

We reserve the right to reject, at our discretion, any method of payment.  Acceptable methods of payment are identified during the checkout process.

We collect applicable sales tax on all orders shipped to California.

VI. PRICING

All prices on the Site are subject to change and/or correction at any time.

VII. DELIVERY
 
We will begin to manufacture products on orders once the order has been placed and payment received.  In most cases, production will take two weeks or less.  In some cases, if the material is back-ordered from the manufacturer, then production can exceed two weeks.   Once your product is made, with our standard shipping, delivery time is approximately 3-6 additional business days.    We ship each item as soon as it is made, so multiple item orders may arrive separately.    Most products are shipped via UPS or FedEx.  Oversized items will be shipped via freight carriers.
 
Need It Sooner?
 
Expedited delivery options  are available for most products for an additional charge.

Exceptions
 
Please note: On rare occasions, there may be delays due to out-of-stock materials, inventory taking, shipping delays, and temporary factory overload or factory closures.  You will be notified via email if production will take more than two weeks.

Alaska, Hawaii and Canada

 
For shipments to Alaska, Hawaii and Canada, shipping will be quoted at the time of order. Express shipments are not available to Alaska or Hawaii. We do not offer shipping outside the United States (except to Canada for an additional fee), or to APO/FPO addresses, Guam or Puerto Rico.

 
VIII. THESE TERMS AND CONDITIONS OF SALE MAY CHANGE
 
We reserve the right to update or modify these terms and conditions of sale at any time without prior notice to you.  Your use of the Site following the date of such change constitutes your agreement to be bound by the terms and conditions as changed.

TERMS & CONDITIONS FOR USE OF OUR SITE

I. ACCEPTANCE AND ELIGIBILITY


These Terms apply to all visitors of the Site.  By using the Site or by making a purchase through the Site, you signify your acceptance both to these Terms and to our Privacy Policy, which is incorporated by reference into these Terms and made a part hereof.  If you do not agree to these Terms, we ask you to please discontinue your use of the Site.  

References to “ content” herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, all newsletters or similar content, as well as all text, images, photos, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by the Site.
 
We reserve the right, in our sole discretion, to modify or revise any Site content, at any time.  

Our Site is not intended for anyone under 18 years old.  By using the Site or registering to receive our newsletters, you are representing that you are at least 18 years old.  You must be 18 years or older in order to place an order.  

II. OUR NEWSLETTER

You do not have to register with us to view this Site.  However, if you wish to receive our online newsletters you may sign up by clicking here.  Our newsletters are free and offer great specials and product updates.

To register for our newsletters you need only provide us your name and email address.  If at any time you wish to unsubscribe to the newsletters, please follow the steps provided in the newsletter email on how to unsubscribe.
 
III. USE OF THE SITE


Subject to these Terms, The Perfect Rug grants you permission to use the Site, access its newsletters, and make purchases solely for your use as intended through the normal functionality of the Site.  If you violate any of these Terms, we may, at any time, revoke permission to use the Site and terminate your account.

The Perfect Rug reserves the right to discontinue or make modification to the Site at any time.

Except for allowing you to use the Site for your personal use as set forth above, when you use the Site, you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of The Perfect Rug. We reserve all rights not expressly granted, in and to the Site, our Newsletters and their content.

IV. RESTRICTIONS ON USE


In your use of the Site you agree that you will not:

1.      Use the Site or newsletters for any illegal activity or to violate laws in your jurisdiction

2.      Exploit the Site to access unauthorized information

3.      Modify the Site content

4.      Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content on the Site or in the newsletters, in whole or in part, without our prior written consent

5.      Engage in or contribute to any wrongdoing that may create any liability for us

6.      Harm minors in any way or solicit personal information from anyone under 18.

7.      Use the Site to infringe or violate ours or any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right

8.      Provide false or deceptive information, or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity

9.      Use any email address, that you do not have authorization to use, to sign up for our newsletters

10.      Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein

11.      Decompile, disassemble, or reverse engineer any portion of the Site, except as may be permitted by law

12.      Process, collect or record user information or Site content, or otherwise access the Site without our permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications

13.      Contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods

14.      Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature

V. OWNERSHIP

All intellectual property rights in the content of the Site (including copyrights, trademarks, trade secrets and patents) are the property of California Carpet, LLC unless indicated otherwise.

The Site and material published on the Site are owned by us or our licensors.  We own copyright in the individual pages, and their components, and collective works available at the Site as well as the selection, coordination, arrangement and enhancement of the Site’ s content and we also own copyright in the Site.  The Site is copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. No portion of it may be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without our prior written permission.

The Perfect Rug is a trademark and property of California Carpet, LLC.  All trademarks appearing on this Site are trademarks of their respective owners, including California Carpet, LLC and its affiliates.  You are prohibited from using any of The Perfect Rug’ s marks without our prior written permission.

VI. SECURITY AND ACCOUNT
 
In order to access some features of the Site, including purchasing options, you will have to register with the Site and create an account.  You may not use another user’ s account without their prior written permission.  When you create an account, you must provide accurate and complete information.  If any of your information changes, you agree to update your registration information as soon as possible.  If we believe that your registration information may not be complete, current, or accurate, or that you have otherwise violated these Terms of Service, we reserve the right to suspend or terminate your account and disallow you further access to the Site.
You are solely responsible for the activity that occurs on your account, and you must keep your login information and account password secure.  You may change your password at any time by updating your account settings.  In addition, you agree to promptly notify us of any unauthorized use of your password or login information, the intentional or inadvertent disclosure of your password or login information, any other need to deactivate your account due to potential or actual security concerns, or any other breach of security.
We are not liable for any damages or harm related to any unauthorized use of your password or login information, the theft or loss of your password or login information, your intentional or inadvertent disclosure of your password or login information, or your authorization to allow another person or entity to use your account or login information.    You agree to indemnify the Company for any damages or losses that may be incurred or suffered by any party, including but not limited to us and other users of the Site, as a result of your failure to maintain the confidentiality of your account information, password and login information.

VII. LINKS TO OTHER MATERIALS


The Site may provide third party content and links to other internet sites or resources.  We are not responsible for the accuracy, completeness or usefulness of any third party content, nor do we make any endorsement claims for the Site’ s third party content.  You use the Site and the content at your own risk.  Because we have no control over the linked sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party site or resource.  We reserve the right to terminate any link at any time  The links we provide are for convenience only.  It is your responsibility to evaluate the content and usefulness of information obtained from other sites.
 
VIII. WARRANTY DISCLAIMER

YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM EXPERIENCED FROM USING THE SITE) IS AT YOUR SOLE RISK.  YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION AND CONTENT (INCLUDING ANY THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.  YOU ACKNOWLEDGE THAT THE PERFECT RUG MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  THE PERFECT RUG MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE.  YOU UNDERSTAND THAT THE PERFECT RUG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS.  NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR NEWSLETTERS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND NEWSLETTERS.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE PERFECT RUG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

IX. LIMITATION OF LIABILITY

IN NO EVENT WILL THE PERFECT RUG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT RUG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

THE PERFECT RUG IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE TRANSMISSION OF INFORMATION OVER UNENCRYPTED SYSTEMS SUCH AS EMAIL OR THE INTERNET.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


X. INDEMNITY


You understand that you are personally responsible for your use of the Site.  You also agree to indemnify and hold The Perfect Rug, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of and access to the Site your violation of any of these Terms or your violation of any applicable law or any right of any third party.  This defense and indemnification obligation will survive these Terms and your use of the Site.

XI. MISCELLANEOUS PROVISIONS


No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

Assignment
We may assign these Terms, in whole or in part, in our sole discretion.  You may not assign any right under these Terms without our prior written permission.  Any attempt by you to assign a right under these Terms without our permission shall be void and non-binding on The Perfect Rug.

Entire Agreement
These Terms, including our Privacy Policy [LINK] and any other The Perfect Rug policy which is incorporated herein by reference, are the entire agreement between you and The Perfect Rug. They supersede any and all prior or contemporaneous agreements, either oral or written, between you and The Perfect Rug relating to your use of the Site.

These Terms may not be amended or supplemented by any purchase order or similar form originated by you relating to the subject matter hereof, or by any written or oral statements of any of our employees.

Termination and Survival
We reserve the right to terminate these Terms and your access to the Site at any time, with or without cause.    Sections V through XI of these Terms shall survive the expiration or termination of these Terms for any reason whatsoever.

Waiver and Severability of Terms
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.  The failure of The Perfect Rug to partially or fully exercise any rights under these Terms or the waiver of any of the terms of these Terms by The Perfect Rug shall not prevent a subsequent exercise of such right by The Perfect Rug or be deemed a further or continuing waiver by The Perfect Rug of that or any other term.  

The rights and remedies of The Perfect Rug under these Terms and any other applicable agreement between you and The Perfect Rug shall be cumulative, and the exercise of any such right or remedy shall not limit The Perfect Rug 's right to exercise any other right or remedy.

No Third Party Beneficiaries

Nothing in these Terms shall be deemed to confer any third party rights or benefits.

Applicable Law
The Site is offered and controlled by The Perfect Rug, which is located in California.  The Site may not be, and we make no representations that it is, appropriate or available for use outside of the United States.  We will not deliver product outside of the United States.  

Choice of Law and Forum

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions.  Any claim or dispute between you and The Perfect Rug that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Jose, California.  

Limitation of Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.

XII. CONTACT AND VIOLATIONS

Questions about these Terms, or information about any violation of them, may be emailed to: customerservice@theperfectrug.com