Modern Flooring Services™

Website Terms of Use

Last Updated: January 24, 2025

Welcome to Modern Flooring Services!

Access to our website https://modernflooringservices.com(the “Site”) and use of any software, services, technology or tools on this Site is governed by these Terms of Use (defined below). The Terms of Use are important and affect your rights and responsibilities. Please review them carefully before using the Site. Your use of the Site is your acceptance and your agreement with these terms of use, which are a binding agreement between you and us.

These terms of use are entered into between you and Modern Flooring Services, LLC (“Modern Flooring,” “we,” “us,” or “our”). The following terms and conditions, together with any documents, policies, notices, or other terms and conditions that are described as incorporated into these terms of use (collectively, “Terms of Use”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, and this is true regardless of whether you access the Site as a guest or as a registered user.

Acceptance of the Terms of Use

By using the Site, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Site. Modern Flooring may terminate your ability to use the Site without notice if you do not comply with the Terms of Use.

All information Modern Flooring collects on this Site is subject to our Privacy Notice posted at https://modernflooringservices.com/privacyNotice.html. By using the Site, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Notice.

The Site is offered and available only to users who are 18 years of age or older and reside in the United States. By using this Site, you represent and warrant that you are at least 18 years old, you are able to form a binding contract with Modern Flooring, and you live in and are accessing this Site from the United States. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site. Your continued use of the Site after we post revised Terms of Use means that you agree to and are bound by the changes. You are expected to check this page each time you access this Site, so you are aware of any changes.

Accessing the Site, Changes to the Site, and Account Security

We reserve the right to withdraw, change, edit, or amend this Site, and any services or material we provide on the Site, in our sole discretion and without notice. We will not be liable to you or anyone else if for any reason all or any part of the Site is modified or unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or to the entire Site. We may update the content on this Site from time to time, but its content is not necessarily complete or current. Any of the material or content on the Site may be out of date at any given time, and we are under no obligation to update such material or content.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide or upload to this Site, whether to register, to use any functionality, interactive features, or tools accessible on this Site, or otherwise, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Policy or any other terms described in this Terms of Use and any specific terms of use that apply to a particular service, functionality, interactive feature, software, or tool accessible from this Site. Some interactive features or tools that are accessible from this Site may have additional terms or information rights to content you provide or upload. You are responsible for carefully reviewing and understanding the related terms of use before accessing or using any interactive feature or tool.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security or unauthorized disclosure of confidential information. You also agree to ensure that you securely exit from your account at the end of each session (not leaving it open to access by others). You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms of Use or we otherwise notice conduct that puts the Site at risk or jeopardizes the safety and security of the Site, your account or access, or the accounts or access of any other users of this Site.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, tools, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Flooring, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our terms of use and any end user license agreement for such applications.
• If we provide social media features or links for social media purposes with certain content, you may take the actions that are enabled by those features.

You must not:

• Modify copies of any materials from our Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
• Publish, transmit, distribute, or sell any content from this Site or produced from this Site.

You must not access or use for any commercial purposes any part of the Site or any services, software, tools, or materials available through the Site. If you wish to print, download, modify, or make any other use of material on the Site other than as specifically authorized in the Terms of Use, you must receive our advance consent. Please address your request to: services@modernflooringservices.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Modern Flooring. Any use of the Site not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Trademarks, Logos, and Other Proprietary Information

The Modern Flooring Services name, the Modern Flooring Services logo, and all related names, logos, product and service names or logos, designs, and slogans are trademarks of Modern Flooring. All other names, logos, product and service names, designs, and slogans on this Site or accessible from this Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of Modern Flooring or the owner of the mark.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with the Terms of Use. You agree that you will not:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors, yourself, or any other person in any way, including without limitation, by exposing them to inappropriate content, asking for personally identifiable information, harassing, bullying, or otherwise.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonate or attempt to impersonate Modern Flooring, a Modern Flooring employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Modern Flooring or users of the Site, or expose them to liability or reputational harm.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, tools, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, upload, or transmit (collectively, “Post”) to other users or other persons, or to Modern Flooring or our licensors, service providers or vendors, content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in the Terms of Use. Any User Contribution that you Post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and assigns of each, the forever right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant to us that:

• You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and assigns of each.
• All of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Modern Flooring, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Modern Flooring.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site if you violate any provision of the Terms of Use or if we otherwise notice conduct that puts the Site at risk or jeopardizes the safety and security of the Site, your account or access, or the accounts or access of any other users of this Site or other persons.

We also have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MODERN FLOORING AND ITS AFFILIATES, LICENSEES, VENDORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE PREVIOUSLY LISTED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS.

However, we cannot and do not undertake to review User Contributions or user Posted content before it is posted on the Site and cannot ensure prompt removal of objectionable contributions or content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided or Posted by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Unsolicited Ideas Sent to Modern Flooring

Modern Flooring does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The purpose of this notice is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted or presented to us. Do not send your unsolicited ideas to us or any of our employees, service providers, agents, or vendors. If you do send any such ideas, information or materials, we cannot and do not provide any assurances that they will be treated as confidential or proprietary.

Copyright Infringement and Trademark Violations

We respect the intellectual property rights of others, and we ask you to do the same. If you believe that Modern Flooring or any other content provider on our Site or any user has violated your copyright, trademark, or other intellectual property right that you own or claim, please contact us at services@modernflooringservices.com.

We take claims of copyright infringement seriously, and it is Modern Flooring’s policy to terminate in appropriate circumstances the user accounts of repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law and in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our designated copyright agent in accordance with our Copyright Policy. The Copyright Policy also includes procedures for providing a counter notice, if you believe that material you posted on the Site was removed by mistake or misidentification. To be effective, your notice or counter notice must be submitted as described in the Copyright Policy and include all of the information required under the Copyright Policy to be included in the notice or counter notice.

No Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties and may include content provided by other users of the Site. All statements and content Posted or added to the Site by third parties or other users are solely the responsibility of the person or entity Posting the content, and any opinions contained within such content are solely the opinions of the Poster of the content (and not our opinions). We are not responsible, or liable to you or any third party, for the content or accuracy of any content Posted or provided by any third parties or users of the Site.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Notice. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice, the Terms of Use, or any applicable additional terms of use associated with any interactive feature or tool that you use on the Site.

You can find the additional terms of use for the AI Estimating Assistant Tool here and the supplemental terms applying to any tools or interactive features that use or make use of artificial intelligence (“AI Terms”) here.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, affiliation, approval by us, or endorsement of you or the content that includes our link, without our advance, written consent.

This Site may provide certain features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, only with respect to the content they are displayed with, and only in accordance with any additional terms and conditions we provide with respect to such features.

You must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of the Terms of Use or our Privacy Notice.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are available to you for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site (Modern Flooring) is based in the State of Washington in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Warranties – Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site or tools available on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any back-up or reconstruction of any data that may become lost to you. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, BUGS, DESTRUCTIVE CODE, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR TOOLS OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL OR ACCESSING ANY WEBSITE LINKED FROM THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MODERN FLOORING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY TOOLS OR WEBSITES AVAILABLE OR LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE MAXIMUM COLLECTIVE LIABILITY OF MODERN FLOORING AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Modern Flooring, its affiliates, licensors, vendors, and service providers, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns of each, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site’s content, services, tools, and products, other than as expressly authorized in the Terms of Use.

Dispute Resolution

Please read the provisions below carefully because they apply to resolution of any and all disputes between us and govern how and when claims you may wish to pursue against Modern Flooring must be brought. THESE PROVISIONS REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) WITH LIMITED EXCEPTION, SUBMIT CLAIMS YOU HAVE AGAINST MODERN FLOORING TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

Governing Law and Jurisdiction

The laws of the State of Washington will govern the Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws. We agree that the venue (location) for resolving any and all disputes will be King County, Washington, unless we otherwise agree in writing during the Negotiated Resolution Process described below.

Notice and Negotiation Period Required Before Pursuing Your Claim

You and we agree that most disputes can be resolved without resort to litigation or arbitration. If you have any dispute with us or a potential claim, you agree that before taking any formal action you will contact us at claims@modernflooringservices.com and provide a brief, written description of the dispute or claim and your contact information (including your username, if your dispute relates to an account). You and we will use reasonable efforts to resolve the dispute directly through communication with each other, and these advance good faith negotiations will be a condition to either you or Modern Flooring initiating further action (the “Negotiated Resolution Process”), except in the case of Excluded Disputes (defined below).

If we do not reach an agreed-upon solution with you within a period of 30 days from the time the Negotiated Resolution Process begins, then either you or Modern Flooring may initiate binding arbitration as the sole means to resolve any dispute (except for Excluded Disputes) subject to the terms set forth below. See below for more information regarding initiating an arbitration. The Negotiated Resolution Process begins when the parties have acknowledged and set an agreed upon date to begin good faith negotiations. If either party refuses to respond, engage, or set a reasonable and prompt date to begin negotiations then, at the other party’s sole option, the Negotiated Resolution Process (and the start of the 30-day period) will be deemed to begin on the date five days after you send notice to us at claims@modernflooringservices.com that includes the information required above or we send notice to you at the email (a) that you used to register on this Site, (b) that you used to register, request or use any services or tools available on this Site, or (3) from which you sent any communications or notices to us.

WAIVER OF TRIAL BY JURY

Mandatory Arbitration

If you and we are not able to agree on a resolution to the dispute or claim during the Negotiated Resolution Process, any controversy, dispute, or claim arising out of or relating to the Terms of Use or your access to or use of the Site or any content, services, tools, materials, or other data or information provided on the Site, other than Excluded Disputes (defined below), must be settled by arbitration before a single arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with its rules that are applicable to the claim, as in effect at the time of the claim, and expenses between the parties will be allocated as determined by the applicable AAA rules.

This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings must be held in King County, Washington, or if the parties agree or if such jurisdiction is not reasonably accessible to you, the arbitration may be held remotely, and any judgment on the award rendered may be entered in any court that has appropriate jurisdiction. The parties are permitted to request the arbitrator to apply sanctions in the form of the other parties’ arbitration costs and fees, if the arbitrator finds that the claims are frivolous or brought for an improper purpose.

Within the first 30 days of your first use of the Site, you may opt-out of this mandatory arbitration provision by sending us written notice of your decision clearly marked “Opt-out to Mandatory Arbitration under the Terms of Use for the Modern Flooring Services LLC website” to the mailing address (do not send by email) set forth below under the heading “Your Comments and Concerns.” This opt-out will only be effective if we receive it within 30 days of your FIRST use of the Site, or in the case of updates to the Mandatory Arbitration provision, if you do not wish to agree to the updates, within 30 days of your first visit to the Site following the effective date of the update. Opt-outs to updates to the Mandatory Arbitration provision will only apply to the updates, and you will still be bound by the previously accepted provision. If you properly opt-out, you only need to do so one-time, and you will be considered to have opted-out of all subsequent updates as well, unless you withdraw your opt-out. If you opt out of the mandatory arbitration provisions, Modern Flooring will also not be bound by them. If you opt-out of the mandatory arbitration provisions, you will still be bound by all other dispute resolution provisions in the Terms of Use, including without limitation the Negotiated Resolution Process, the class action waiver, the waiver of trial by jury, and the limitation on the time to file claims.

Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis or on any basis where your claim is combined or consolidated with claims of any other users, persons, or entities. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

You and Modern Flooring agree that an arbitrator will not have authority to conduct a class arbitration of any Dispute. You and Modern Flooring further agree that any arbitration or court action to resolve any dispute will take place on an individual basis without resort to any form of class, consolidated, or representative action (the “Class Action Waiver”). YOU UNDERSTAND AND AGREE THAT THIS CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION FOR ANY DISPUTE, INCLUDING CONSUMER DISPUTES AND BUSINESS DISPUTES. If any court or arbitrator determines that the Class Action Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class or consolidated basis, then the mandatory arbitration provisions in this Terms of Use will be null and void in their entirety and neither you nor Modern Flooring will be required to or deemed to have agreed to arbitrate disputes.

Limitation on Time to File Claims

Excluded Disputes

Excluded Disputes may only be brought in any state or federal court of competent jurisdiction located in King County, Washington. Excluded Disputes means any of the following:

1. Disputes relating to or arising from misappropriation, infringement, validity and/or enforceability of a party’s intellectual property rights (including patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
2. Any action by a party seeking entry of a temporary restraining order, preliminary injunctive relief, or permanent injunctive relief.
3. Any claims that, as a matter of law, the parties cannot agree to arbitrate.
4. You may elect, after providing notice to us, to pursue your claim in small-claims court rather than arbitration if you notify us in advance at claims@modernflooringservices.com of your intention to do so within 60 days of the occurrence giving rise to (or that you allege gave rise to) your claim. The small- claims court proceeding will be limited solely to your individual dispute or controversy. You cannot combine your small-claims action with any other parties. In addition to the notice required in this paragraph, you must comply with the applicable small-claims court process to properly notify or serve the defendants.

Term and Termination

The Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, certain provisions of the Terms of Use and the Privacy Notice that by their nature are intended to survive after your use of the Site has ended, will survive and remain in effect and binding. Provisions that survive include without limitation “No Warranties,” “Limitations of Liability,” “Indemnification,” and “Dispute Resolution.”

You agree that Modern Flooring, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting from your use of or loss of access to the Site.

Waiver and Severability

If Modern Flooring waives or agrees to waive any term or condition set out in the Terms of Use, this waiver or agreement is not and will not be interpreted as a continuing waiver of such term or condition or a waiver of any other term or condition. Modern Flooring does not waive any rights or provisions of the Terms of Use by failing to assert or enforce those rights or provisions.

If any court, arbitrator, or other tribunal with jurisdiction finds any provision of the Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitutes the sole and entire agreement between you and Modern Flooring with respect to the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site, except as incorporated into the Terms of Use.

Your Comments and Concerns

Modern Flooring may contact you regarding the Terms of Use or the Privacy Notice using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Modern Flooring, you can click on the “unsubscribe link” provided in such communications or contact us at privacy@modernflooringservices.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, the Terms of Use, or the Privacy Notice, please contact us at privacy@modernflooringservices.com or by mail at:

EFFECTIVE DATE: January 24, 2025

Additional Terms of Use for the AI Estimating Assistant™ Tool

Modern Flooring Services™

Last Updated: January 24, 2025

These additional terms of use for the AI Estimating Assistant™ Tool (“Estimate Tool”], together with the Terms of Use Terms of Use for the Modern Flooring Services™ website (the “Site”) and the AI Terms Terms of Use(collectively, the “Estimate Tool Terms”), govern your access to and use of the Estimate Tool, along with any related estimates, orders, or requests you receive through use of the Estimate Tool. All capitalized terms used but not defined in these additional terms for use of the Estimate Tool will have the meanings assigned to those terms in the Terms of Use for the Site or the AI Terms.

By using the Estimate Tool, you accept and agree to be bound and abide by the Estimate Tool Terms. Please read the Estimate Tool Terms carefully, as these terms affect your rights and responsibilities. If you do not want to agree to all of these terms, you must not access or use the Estimate Tool. Modern Flooring or its licensor may terminate your ability to use the Estimate Tool without notice if you do not comply with the Estimate Tool Terms.

The Estimate Tool is offered and available only to users who are 18 years of age or older and reside in the United States. By using the Estimate Tool, you represent and warrant that you are at least 18 years old, you are able to form a binding contract with Modern Flooring, and you live in and are accessing the Site and the Estimate Tool from the United States. If you do not meet all of these requirements, you must not access or use the Site or the Estimate Tool.

Modern Flooring or its licensors may update the Estimate Tool Terms from time to time. When these changes are made, Modern Flooring will make a new copy of the Estimate Tool Terms available at Terms of Use. You understand that the Estimate Tool is made available to you at no charge for limited personal, non-commercial use only. If you use the Estimate Tool after the date on which the Estimate Tool Terms have changed, your continued use of the Estimate Tool is and constitutes for all purposes acceptance of the updated Estimate Tool Terms. If you have a paid account or paid subscription, the new Estimate Tool Terms will apply to that account or subscription upon your renewal or upgrade.

Modern Flooring or its licensors may suspend or discontinue the Estimate Tool at any time.

Collection of Information by the Estimate Tool

All information Modern Flooring collects on the Estimate Tool is subject to our Privacy Notice available at https://modernflooringservices.com/privacyNotice.html. By using the Site, you consent to all actions taken by us with respect to your Personal Information in compliance with the Privacy Notice or the Estimate Tool Terms.

You acknowledge that Modern Flooring or its licensors may, directly, or indirectly through third parties, collect and store information regarding use of the Estimate Tool and about how you access or use the Estimate Tool. If you upload pictures into the Estimate Tool, you must comply with the instructions in the Estimate Tool. Do not upload any pictures that contain identifiable information or data (for example, personal papers, clothing with names or logos, family photos, any person or pet, and the like). Carefully inspect the area before taking the photo to ensure that there is no identifiable information, persons, or pets in the picture.

By using the Estimate Tool or adding or uploading information, content, or pictures into the Estimate Tool, you agree to the following:

1. The content or pictures comply with the Terms of Use for the Site Terms of Use, including without limitation, the terms pertaining to user content and User Contributions.

2. Your data and pictures and the content of your pictures can be used by Modern Flooring and its licensors for any purposes consistent with the Estimate Tool Terms or the Privacy Notice and for purposes of:

   1. Providing any estimates or information requested.
   2. Following-up with you about your estimate or any services that you may request.
   3. Providing any services you may request from us or our vendors or service providers.
   4. Improving the performance or security of the Estimate Tool, supporting or providing maintenance for the Estimate Tool, or developing updates.
   5. Aggregating with the input of other users and using all input, data, and User Contributions to train, test, or otherwise improve the Estimate Tool.
   6. Verifying your compliance with the Estimate Tool Terms or the Modern Flooring Terms of Use.
   7. Defending Modern Flooring or its licensors, affiliates, vendors, service providers, employees, agents or contractors in any disputes or claims you may assert or allege against us.
3. License to Content: You hereby grant to us and our affiliates, licensors, vendors, and service providers, and the licensees, successors, and the successors and assigns of each, the perpetual (forever) and unlimited right to use your data and pictures, including the content of pictures, for all purposes listed in #2 above. You represent that you own or control all rights in and to your information, content, and pictures, and have the unlimited right to grant these use rights and this license.
4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Modern Flooring, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Estimate Terms

The Estimate Tool is designed to generate an estimate for the cost of labor only for the installation of your flooring project, based on the content, information, measurements, or pictures that you provide to the Estimate Tool. This estimate does NOT include the cost of materials. If after reviewing the estimate generated by the Estimate Tool, you are interested in proceeding with a project, Modern Flooring will schedule a time with you to confirm the accuracy and completeness of the estimate and will provide a final estimate for the project that may be the same or may differ significantly from the estimate generated by you through the Estimate Tool.

You agree to the following, with respect to any estimate you receive through the estimate tool:

1. You understand that any estimate is based on the information that you submit, and you will not rely on the estimate as a contract or a final estimate for the project. We reserve the right to accept or reject any estimate or project. The estimate is not an agreement by Modern Flooring to provide the services for your project.
2. Modern Flooring has your consent to reach out to you to discuss the estimate and your project, to provide your information to our contractors and service providers for this purpose, and to generate referrals for you to service providers not affiliated with Modern Flooring if your project is outside of our service area.
3. If you elect and we agree to proceed, Modern Flooring (or one of its service providers) will arrange an appointment with you at the project location to discuss your project with you and verify or modify the estimate as appropriate. If your project is outside of our service area, we may refer you or your project to another service provider not affiliated with Modern Flooring.
4. The estimate does not include materials, although Modern Flooring may be able to assist you with compiling a shopping list and arranging for purchase or delivery of materials, if you select to proceed with Modern Flooring for the labor part of your project and pay a deposit.
5. An estimate is only an estimate. Your final project may cost more than the estimate, particularly in situations, including without limitation, where the project is expanded, changed, or modified by you, or during installation, we discover unexpected or other circumstances not visible during the estimate that give rise to additional costs. Although we have confidence in the accuracy of the Estimate Tool, you will not rely on any estimates generated by the Estimate Tool that have not been further verified by Modern Flooring.
6. Estimates generated by the Estimate Tool contain confidential information of Modern Flooring. You will not share the estimates, other than with others who are decisionmakers with respect to the project. You may, of course, discuss the estimate with Modern Flooring.
7. Your use of the Estimate Tool in accordance with the Estimate Tool Terms is voluntary and free to you for a limited number of estimates for personal use only, and you will comply with the Estimate Tool Terms.

Intellectual Property Rights

The Estimate Tool and its entire contents, features, and functionality (including but not limited to all information, software, tools, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Flooring, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Estimate Tool Terms permit you to use the Estimate Tool and the estimates generated from the Estimate Tool for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Estimate Tool or on the Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download up to two copies of any estimate generated for you by the Estimate Tool, along with any terms and conditions that apply to that estimate, for your own personal, non- commercial use and not for further reproduction, publication, or distribution or sale. The estimates contain confidential information and copyrighted works of Modern Flooring and its licensors, so you agree that you will not provide the estimates or copies of the estimates to other parties, but you will limit disclosure and use to you and any other persons who are assisting you with the decision to proceed or not proceed with our services in connection with the estimates.

• Modify any output, estimates, terms, or other materials from the Estimate Tool or use any such content separately from accompanying terms or text.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from the Site, the Estimate Tool, or any estimates or other materials or content generated from the Estimate Tool.
• Access or use for the Estimate Tool for any commercial purposes or in any way other than its intended use to generate an estimate for personal use.
• Publish, transmit, distribute, or sell any content from the Estimate Tool or produced from the Estimate Tool.

If you wish to use the Estimate Tool in any way other than that set out in the Estimate Tool Terms, you must receive advance consent from Modern Flooring or its licensors. Please address your request to: services@modernfooringservices.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to the Estimate Tool in breach of the Estimate Tool Terms, your right to use the Estimate Tool will end immediately and you must, at our option, return or destroy any output and all copies of any output that you have received from or through the Estimate Tool. No right, title, or interest in or to the Estimate Tool or any output through or from the Estimate Tool is transferred to you, and all rights not expressly granted are reserved by Modern Flooring and its licensors. Any use of the Estimate Tool not expressly permitted is a breach of the Estimate Tool Terms and may violate copyright, trademark, and other applicable laws.

Incorporation of Terms of Use for the Site and AI Terms

The Terms of Use for the Site and the AI Terms are incorporated into the Estimate Tool Terms and are part of the binding contract between you and Modern Flooring for use of the Estimate Tool. References to the Terms of Use in the Terms of Use for the Site, will be deemed to include the Estimate Tool Terms and references to the Site or “tools” will be deemed to include the Estimate Tool. Please carefully review the Terms of Use, including without limitation the “No Warranties,” “Limitations of Liability,” “Indemnification,” and “Dispute Resolution” terms, as those terms affect your rights and responsibilities and include required processes and procedures for disputes or claims you may wish to pursue against us. These terms include a waiver by you and us of any rights to a trial by jury, a mandatory 30-day Negotiated Resolution Process, and other than for Excluded Claims, mandatory arbitration of claims not settled in the Negotiated Resolution Process, and a limitation on time to file claims. No class actions or consolidated proceedings are permitted.

If there is a direct conflict between the additional terms of use for the Estimate Tool and the Terms of Use for the Site, with respect to the Estimate Tool, the additional terms of use for the Estimate Tool will prevail.

Geographic Restrictions

Modern Flooring is based in the State of Washington in the United States. The Site is for use only by persons located in the United States. The Estimate Tool may not be accessible, available for use, or able to provide estimates in all states and may be limited to certain states and areas where Modern Flooring does business and is available to provide labor for projects. Your project may be referred to other labor service providers appropriate for your project in your area or the Estimate Tool may generate referrals for you to consider. We are not affiliated with or responsible for any services provided by other labor service providers.

We make no claims that the Estimate Tool or any of its content is appropriate or complies with applicable laws and regulations outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Entire Agreement

The Estimate Tool Terms constitutes the sole and entire agreement between you and Modern Flooring with respect to the Estimate Tool and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Estimate Tool, except as incorporated into the Estimate Tool Terms.

Your Comments and Concerns

Modern Flooring may contact you regarding the Estimate Tool Terms, any estimate generated by the Estimate Tool, or the Privacy Notice using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Modern Flooring, you can click on the "unsubscribe link" provided in such communications or contact us at privacy@modernflooringservices.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, the Estimate Tool, any terms of use, or the Privacy Notice, please contact us at services@modernflooringservices.com or by mail at:

EFFECTIVE DATE: January 24, 2025