Terms of Service

1. Content, Ownership, and Limited License

A. Content.

The Service may contain: (i) materials and other items relating to Remarkable Flooring and its products and services, and similar items from our licensors and other third parties, including: layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, website marks, and trade identities of various parties, including those of Remarkable Flooring (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). All rights, title, and interest in and to the Service and the Content is the property of Remarkable Flooring, our licensors, or certain other third parties, and is protected by U.S.A. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Except as expressly set forth in these Terms, no rights (either by implication, estoppel, or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating, or any other misuse of any of the Content is strictly prohibited.

B. Limited License.

Subject to your strict compliance with these Terms, and the Additional Terms, Remarkable Flooring grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, search, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, a "Device"). The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Service or any Content; and (ii) may be immediately suspended or terminated for any reason, in Remarkable Flooring's sole discretion, and without advance notice or liability. Your unauthorized use of the Service or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

C. Communications.

When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

D. Requests and Notifications.

You agree to cooperate with all reasonable requests from Remarkable Flooring and to notify Remarkable Flooring promptly upon learning of any actual or suspected unauthorized use or abuse of the Service or Content, or if you breach these Terms.

E. Reservation of All Rights.

All rights not expressly granted to you are reserved by Remarkable Flooring and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.

2. Restrictions on Use of the Service and Content

A. Service Use Restrictions.

You agree that you will not:

1. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, disparaging (including disparaging of Remarkable Flooring or its affiliates), vulgar, obscene, pornographic, invasive of another's privacy, or that promotes violence, racial hatred, terrorism or illegal acts or is otherwise objectionable (as determined by Remarkable Flooring in its sole discretion);
2. Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
3. Upload or transmit viruses, Trojan horses, or other harmful, disruptive or destructive files or code or post material that interferes with any third party's uninterrupted use and enjoyment of the Service;
4. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Service or to Remarkable Flooring, including forging any TCP/IP packet header or any part of the header information in any transmission to the Service for any reason;
5. Transmit or otherwise make available through the Service any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offers for sale of any products or services, except in areas specifically designated for such purposes;
6. Violate any applicable local, state, federal, or international law, rule or regulation;
7. Harass, stalk, or otherwise abuse another user;
8. Except as permitted by agreement or contract with Remarkable Flooring or its subsidiaries or affiliates, use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
9. Use any meta tags or any other "hidden text" utilizing any Trademarks;
10. Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive; that violate any right of any third party; or that are otherwise objectionable to Remarkable Flooring;
11. Reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service;
12. Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the Project Materials (defined below);
13. Harvest or otherwise collect or store any information (including personal information about other users of the Service, including email addresses, without the express consent of such users);
14. Attempt to gain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other means; or
15. Otherwise violate these Terms or any Additional Terms.

B. Content Use Restrictions.

You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Remarkable Flooring or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way.

C. Availability of Service and Content.

Remarkable Flooring may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Remarkable Flooring's sole discretion, and without advance notice or liability.

D. Reservation of All Rights Not Granted.

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Remarkable Flooring and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

3. Intellectual Property Concerns

Remarkable Flooring respects the intellectual property rights of others and asks that you do the same. If you believe that content on the Service infringes a copyright, trademark, or other intellectual property right that you own or are authorized to act on behalf of, please send a written notice to us at william@remarkable-flooring.com with the subject line "Intellectual Property Infringement Notice." Your notice should include:

1. A description of the work or intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to permit us to locate it (please include the URL on which the material appears);
3. Your full name, address, telephone number, and email address;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law;
5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the intellectual property at issue or are authorized to act on the owner's behalf; and
6. Your electronic or physical signature.

We will review and respond to such notices in our sole discretion, and may remove allegedly infringing material and/or terminate the access of users who repeatedly infringe. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

4. Reliance on Content and Content Accuracy

Remarkable Flooring assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Service. Any reliance you place on such information is strictly at your own risk. Remarkable Flooring disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its Content. Images and renderings on the Service are for illustration purposes only and may not be an exact representation of the actual product, including color variation. Remarkable Flooring reserves the right to change or update any products (including, without limitation, features, attributes, specifications, and descriptions) at any time without notice. While Remarkable Flooring strives to maintain accurate product information and images both digitally and in print, (i) product changes may potentially result in the existence of outdated product information; and (ii) actual products delivered may contain slight design/color variations from those depicted on the Service. In addition, Remarkable Flooring does not warrant that product descriptions or other Content of the Service are accurate, complete, reliable, current, or error-free.

The Service may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Remarkable Flooring, are solely the opinions and the responsibility of the person or entity providing those materials.

Remarkable Flooring will use reasonable efforts to include accurate and current information on the Service, but there may be occasions when information on the Service contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, financing, availability, and other matters. Remarkable Flooring reserves the right to correct any errors and to update Service information at any time.

5. Project Information and Photos You Submit

A. Your Project Materials.

The Service lets you provide information about your flooring project and may let you upload photos of the space where you are requesting work (together, "Project Materials"). You keep any ownership rights you have in your Project Materials.

B. How We May Use Project Materials.

You give Remarkable Flooring permission to access, store, copy, and share your Project Materials only as reasonably needed to review your request, prepare an estimate, communicate with you, schedule or provide the services you request, maintain business records, and comply with applicable law. We may share Project Materials with service providers who help us perform those activities, subject to our Privacy Policy.

C. Your Responsibilities.

You may submit Project Materials only if you have the right to do so. Please do not upload anything unlawful, harmful, or unrelated to your flooring project, or anything that violates another person's privacy or intellectual property rights. You are responsible for the accuracy of the project information you provide.

6. Warranty Disclaimer

To the fullest extent permitted by applicable law, your access to and use of the Service is at your sole risk and you understand and agree that the Service, its Content, and its links and communications are provided on an "as is," "as available," and "with all faults" basis. Remarkable Flooring disclaims all warranties, representations, and conditions, of any kind, either express or implied, regarding the Service (including its Content, hardware, software, and links), whether now known or hereafter enacted, including, without limitation, any warranties of title or implied warranties of merchantability, non-infringement, fitness for a particular purpose, title, results, accuracy, completeness, accessibility, compatibility, security, and freedom from malware, or those arising by statute or otherwise in law or from a course of dealing, course of performance, or usage of trade. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

The Service contains facts, opinions, views, statements, and recommendations of third-party individuals and organizations. The Service does not represent or endorse the accuracy, timeliness, completeness, or reliability of any facts, opinions, views, statements, recommendations, or other information displayed, uploaded, or distributed through the Service. You acknowledge that any reliance upon any such facts, opinions, views, statements, and/or recommendations is at your sole risk. Remarkable Flooring does not endorse, warrant, or guarantee any product or service offered through the Service and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Therefore, to the fullest extent permissible by law, Remarkable Flooring and its parent(s), subsidiaries, and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Remarkable Flooring Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

1. The Service (including the Content and the Project Materials);
2. The functions, features, or any other elements on, or made accessible through, the Service;
3. Any products, services, or instructions offered or referenced at or linked through the Service;
4. Security associated with the transmission of your Project Materials to Remarkable Flooring or through the Service;
5. Whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
6. Whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
7. Whether any defects to or errors on the Service will be repaired or corrected;
8. Whether your access to the Service will be uninterrupted;
9. Whether the Service will be available at any particular time or location; and
10. Whether your use of the Service is lawful in any particular jurisdiction.

7. Limitations of Liability and Remedies

Remarkable Flooring's entire liability and your exclusive remedy with respect to any Dispute (as defined below) with Remarkable Flooring (including without limitation your use of the Service or receipt of any communications) is to discontinue your use of the Service.

You understand and agree that the Remarkable Flooring Parties are not responsible for any damage to any user's computer, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. The Service may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Remarkable Flooring Parties shall not be liable for any loss or damages of any kind (including, without limitation, any direct, special, indirect, incidental, exemplary, consequential, economic, or punitive damages), whether based in tort, contract, strict liability or otherwise (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service) including, without limitation, resulting in any way from or in connection with: (i) the Service; (ii) any action taken in connection with an investigation by Remarkable Flooring or law enforcement authorities regarding your use of the Service; (iii) the Content or Project Materials; or (iv) any errors or omissions in the Service's technical operation, even if the Remarkable Flooring Parties had been advised of the possibility of such damages and regardless of the legal and equitable theory upon which the claim is based. In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, the maximum liability of Remarkable Flooring will be limited to one hundred dollars ($100).

By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

8. Waiver of Injunctive or Other Equitable Relief

As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or operation of any website, application, Content, product, Service, or intellectual property owned, licensed, used or controlled by Remarkable Flooring or a licensor of Remarkable Flooring.

9. Indemnification

You agree to defend, indemnify, and hold Remarkable Flooring Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees and costs) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Remarkable Flooring Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Project Materials; (ii) your use or misuse of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, confidentiality, property, or privacy, or other right of any person or entity; (vi) any misrepresentation made by you; or (vii) Remarkable Flooring Parties' use of the information that you submit to us, as permitted by these Terms (all of the foregoing, "Claims and Losses"). You agree to cooperate as fully required by Remarkable Flooring Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Remarkable Flooring Parties retain the exclusive right to retain counsel of their choosing, settle, compromise, and pay any and all Claims and Losses. Remarkable Flooring Parties reserve the right to assume, at your expense, the exclusive defense and control of any Claims and Losses. You will not in any event settle any Claims and Losses without, in each instance, the prior written consent of an officer or legal representative of Remarkable Flooring.

10. Dispute Resolution

A. First — Try To Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your Project Materials, these Terms, or any Additional Terms, whether heretofore or hereafter arising, including as relates to our service providers (collectively, "Dispute"), or to any of Remarkable Flooring's actual or alleged intellectual property rights (an "Excluded Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it ("Notice of Dispute"). Our Notice of Dispute to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10.A. Your Notice of Dispute to us must be sent to: Remarkable Flooring LLC, [Mailing address — to be added], Attn: William. For a period of sixty (60) days from the date of receipt of notice from the other party, Remarkable Flooring and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Remarkable Flooring to resolve the Dispute or Excluded Dispute on terms with respect to which you and Remarkable Flooring, in each of our sole discretion, are not comfortable. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Remarkable Flooring may commence a lawsuit.

B. No Class Action Matters.

To the fullest extent permitted by applicable law, Disputes will be resolved on an individual basis without resort to any form of class action, collective action, or representative action. You and Remarkable Flooring acknowledge that any and all Disputes will not be consolidated with any other proceedings that involve any claim or controversy of any other party and all claims must be brought solely in a party's individual capacity, and you and Remarkable Flooring will not sue as a class plaintiff or class representative, join as a class member, or participate in any purported class action, collective action, consolidated action, representative action or proceeding. Nothing in this paragraph limits either party's rights to bring a lawsuit as an individual plaintiff.

You may opt out of the mutual agreement to resolve Disputes on an individual basis only and continue to use the Service. In order to opt out, you must send a letter to: Remarkable Flooring LLC, [Mailing address — to be added], Attention: Dispute Agreement Opt-Out, to be post-marked no later than ten (10) days following your first use of the Service containing the Terms effective as of the Effective Date shown above. In order to be effective to opt out, your letter must include your name, email address, and the date of your first use of the Service. Note that opting out of this class action waiver does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any Disputes must be brought.

C. Limited Time To File Claims.

To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of a Notice of Dispute as set forth in Section 10.A) within one (1) year after the Dispute arises — or it will be forever barred.

D. Injunctive Relief.

The foregoing provisions of this Section 10 will not apply to any legal action taken by Remarkable Flooring to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your Project Materials, and/or Remarkable Flooring's intellectual property rights (including such Remarkable Flooring may claim that may be in dispute), Remarkable Flooring's operations, and/or Remarkable Flooring's products or services.

E. Waiver of Jury Trial.

Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to their constitutional or statutory right) to a trial by jury in any legal proceeding for any Dispute, including but not limited to Disputes arising out of or relating to these Terms or the relationship of the parties.

F. Courts in the State of Washington.

Any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in the state or federal courts located in the State of Washington. Accordingly, you and Remarkable Flooring consent to the exclusive personal jurisdiction and venue of such courts for such matters.

11. Third-Party Sites and Dealings with Third Parties

A. Third-Party Content and Sites; Advertisements.

The Service may contain links to third-party websites that are not owned, controlled, or operated by Remarkable Flooring. The Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, "Third-Party Sites"), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Remarkable Flooring. Remarkable Flooring may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Remarkable Flooring does not assume any obligation to review or monitor any Third-Party Sites. Remarkable Flooring does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. These Third-Party Sites are not under Remarkable Flooring's control, and you acknowledge that, whether or not such Third-Party Sites are affiliated in any way with Remarkable Flooring, Remarkable Flooring is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites. The inclusion of such a link does not imply endorsement of any Third-Party Site by Remarkable Flooring or any association with its operators. Furthermore, Remarkable Flooring is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such Third-Party Sites. Finally, Remarkable Flooring will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Remarkable Flooring disclaims all liability in connection therewith.

B. Dealings with Third Parties.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy, and data security). Remarkable Flooring disclaims all liability in connection therewith.

12. Linking Policy

If you link to the Service, we require that you follow these guidelines. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (i) the links to the Service must not damage, dilute, or tarnish the goodwill associated with any Remarkable Flooring names or any other intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with Remarkable Flooring; (ii) the links only incorporate text, and do not use any Trademarks; and (iii) the links and the content on your website do not portray Remarkable Flooring or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Remarkable Flooring. You agree that you will not link to the Service from any source that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; or that is libelous, defamatory, scandalous, inflammatory, or is otherwise inappropriate. Under no circumstances may you "frame" the Service or alter its intellectual property or Content in any way. Remarkable Flooring reserves the right, in its sole discretion, to prohibit linking to the Service or to terminate a link with any website that it deems inappropriate or inconsistent with the Service or these Terms.

13. Promotions

This Service may contain or offer promotions, promotional discounts, or sweepstakes ("Promotions") which may be governed by separate sets of rules and Additional Terms that describe the Promotions' eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable Promotion, and to read any Additional Terms to confirm their operation.

14. General Provisions

A. Remarkable Flooring's Consent or Approval.

As to any provision in these Terms or any Additional Terms that grants Remarkable Flooring a right of consent or approval or permits Remarkable Flooring to exercise a right in its "sole discretion," Remarkable Flooring may exercise that right in its sole and absolute discretion. No Remarkable Flooring consent or approval may be deemed to have been granted by Remarkable Flooring without being in writing and signed by an officer of Remarkable Flooring.

B. Applicable Law.

These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Washington, without regard to its conflicts of law provisions.

C. Operation of Service; Availability of Products and Services; International Issues.

Remarkable Flooring controls and operates the Service from the U.S.A., and Remarkable Flooring makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any Content, program, product, website, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Content, program, product, website, or other feature that we provide. You and we disclaim any application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.

D. Severability; Interpretation.

If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any Additional Terms, the word will be deemed to mean "including, without limitation." The section headings are provided for convenience only and shall not limit the full Terms. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Terms, unless otherwise provided by law, the English version shall prevail and govern.

E. Investigations; Cooperation with Law Enforcement; Termination; Survival.

As permitted by applicable law, Remarkable Flooring reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by Remarkable Flooring in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Service, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Remarkable Flooring under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Remarkable Flooring, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination, will survive your suspension or termination, including the rights and licenses you grant to Remarkable Flooring in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.

F. Assignment.

Remarkable Flooring may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Remarkable Flooring.

G. Complete Agreement; No Waiver.

These Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by Remarkable Flooring in exercising any of its rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by Remarkable Flooring.

H. Connectivity.

You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service providers, mobile services, and any other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

15. Contact Information

If you have any questions about these Terms or the Service, you may contact us by email at william@remarkable-flooring.com with "Attention: Terms of Service" in the subject line, or by phone at (425) 600-9370.