Terms and Conditions
Last updated September 22, 2010
Use of the Web Site
The Company authorizes you to view and access a single copy of the content available on or from replacemyflooring.com (the "Web Site") solely for your personal, noncommercial use. You agree not to resell or assign your rights or obligations under these Terms and Conditions.
All trademarks, computer code, text, logos, graphics, user interfaces, visual interfaces, photographs and artwork and (collectively, "Content"), including but not limited to the structure, design, selection, coordination, expression, "look and feel" and arrangement of all Content contained on the Site is owned, controlled or licensed by or to replacemyflooring.com, are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
No part of the Site nor any Content may be copied, reproduced in any way, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for any form of publication or distribution or for any commercial enterprise whatsoever, without replacemyflooring.com’s express prior written permission except as expressly provided in these Terms and Conditions.
Acceptable Site Use
Users may not use any part of this Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting to violate the security of replacemyflooring.com, including, without limitation, (a)attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to replacemyflooring.com, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
replacemyflooring.com may be used only for lawful purposes by individuals seeking information about colleges and universities, scholarships, financial aid, or employment opportunities. The Company specifically prohibits any other use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Using any device, software or routine to interfere or attempt to interfere with the functionality of replacemyflooring.com
Taking any action which imposes an unreasonable or disproportionately large load on any replacemyflooring.com's infrastructure.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search replacemyflooring.com other than the search engine and search agents available from the Company on replacemyflooring.com and other than generally available third party web browsers (e.g., Mozilla, Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of replacemyflooring.com.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available on replacemyflooring.com.
Users who register with replacemyflooring.com must be at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 COPPA. replacemyflooring.com will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
You are responsible for maintaining the confidentiality of your information. You shall be responsible for all uses of your registration, whether or not authorized by you.
replacemyflooring.com is only a portal. This Web Site acts as a portal for students to search for colleges, scholarships, and Financial assistance. The Company is not involved in the actual transaction between colleges, scholarship providers and students, or employers and candidates. As a result, the Company has no control over the quality, safety or legality of the scholarships, the truth or accuracy of the listings, the ability of scholarship providers to provide scholarships, the ability of colleges to provide education, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Blue Phoenix Media Sites.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Blue Phoenix Media Site or the Web Site Content. The use of the Blue Phoenix Media Sites and the Web Site Content is at your own risk. Changes are periodically made to replacemyflooring.com and may be made at any time.
replacemyflooring.com and all Blue Phoenix Media Inc Sites are provided on an "as is" basis without any warranties of any kind. replacemyflooring.com does not promise or otherwise guarantee that the site or any content, service or feature of the site will operate error-free or that any Blue Phoenix Media site and it's server are free of computer viruses or other harmful mechanisms. If your use of any Blue Phoenix Media site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
Limitation of Liability
Except where prohibited by law, in no event will replacemyflooring.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if replacemyflooring.com has been advised of the possibility of such damages. The aggregate liability for the Company to you for all claims arising from the use of the Materials on the replacemyflooring.com Site is limited to $150.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and the other Blue Phoenix Media Sites and immediate termination of your registration with or ability to access this Web Site and the other Blue Phoenix Media Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions.
You irrevocably covenant, promise and agree to indemnify replacemyflooring.com and to hold Blue Phoenix Media its officers, directors,shareholders, predecessors, successors in interest, employees and agents, harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation (including attorneys’ fees), made against replacemyflooring.com by any third party due to or arising out of or in connection with your use of the Site.
Additional Terms and Conditions
Without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions of Use, Blue Phoenix Media does not provide or make any undertaking as to the quality or nature of any of the products or services purchased through replacemyflooring.com or any other Blue Phoenix Media Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the product or service, under the terms agreed to by the provider.
This Agreement constitutes the entire agreement between you and replacemyflooring.com with respect to the subject matter hereof and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.