FOR USING THIS WEB SITE.
This website –UtahRugs.com– henceforth referred to as the “Site” or “UtahRugs.com”, is being made available to you free without charge. The terms "you", "your", and "yours" refer to anyone viewing accessing, visiting, browsing, or using the Site. The terms "Designerrugsouce.com", its affiliates and subsidiaries, are defined by the terms "we", "us", and "our". We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions at any time we see fit. As such, you should periodically review these Terms and Conditions. Changes in the Terms and Conditions will not apply to orders we have already accepted unless the law requires that we do so. Any violation of the Terms and Conditions agreement by you will result in a revocation of your privileges of browsing, accessing, viewing or using the Site. Your accessing, viewing, browsing and/or using the Site after we have posted changes to these Terms and Conditions constitutes your agreement and acceptance to these changes whether or not you actually reviewed them. These Terms and Conditions will be updated periodically and the date of the updates will appear at the bottom of this page so that you may be advised.
Entering the site constitutes your acceptance to these Terms and Conditions. If you do not abide by the Terms and Conditions listed on this page, please refrain from entering the site.
About Us
This Site is operated by UtahRugs.com. We are a company operating out of Utah and our principal place of business is located at
2876 Highland Dr
Salt Lake City, Utah 84106
Discrimination
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Privacy
Please review our Privacy and Security Policy, which also governs your visit to the Site. If a conflict arises between the terms listed in the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
Copyright
You acknowledge that the Site contains information, data, software, photographs, videos, typefaces, graphics, and other material (henceforth referred to as "Content") that are protected by trademarks, copyright, trade secrets, rights in databases and other proprietary rights. You agree that these rights are protected and valid in all forms of media and technologies existing now or hereinafter development. All Content is copyrighted as a collective work under the U.S. copyright laws. We own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Any select portions of the Site are to be used only by the expressed consent of Designerrugsources.com. or as permitted by the fair use privilege under U.S. copyright law (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under U.S. copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (henceforth referred to as "Associates") who supply some of the goods advertised on the Site and in some cases. In accordance with the Digital Millennium Copyright Act of 1998, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
Your name, address, telephone number, and e-mail address;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of where the infringing material claimed by you is located or identified on the Site;
A statement by you, made under penalty of perjury, that the information submitted to us is true and accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the intellectual property or copyright.
A statement by you that you, in good faith and belief, that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or law;
If you are not the owner of or person of the material in question, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest must be provided and verified;
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail:
2876 Highland Dr
Salt Lake City, Utah 84 1 0 6
By Phone : ( 801 ) 359-6000
By Fax: (801) 363-3203
B y e - m a i l :sbashir@utahrugs.com
T r a d e m a r k s
UtahRugs.co m and other marks which may or may not be designated on th Site by a "! ® S M o r o t h e r s i m i l a r d e s i g n a tion, are registered, pending or unregistered trademarks or service marks of UtahRugs.com, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of UtahRugs.com. UtahRugs.com's trademarks and trade dress may not be used in connection with any product or service that is not UtahRugs.com's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UtahRugs.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UtahRugs.com.
Site Access
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UtahRugs.com or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
Regarding Your Account
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
Links
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only, outwardly of UtahRugs.com, and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Disclaimers and Limitations of Liability
The Site is provided on an "AS IS," "as available" basis. Neither UtahRugs.com, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither UtahRugs.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the product or services offered for sale on the Site. Further, UtahRugs.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. UtahRugs.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by UtahRugs.com or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall UtahRugs.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to UtahRugs.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if an authorized representative of UtahRugs.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The product on our Site are intended for personal, commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing product for a commercial or business use or application.
Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of UtahRugs.com, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of UtahRugs.com or any third party. Notwithstanding the foregoing, neither UtahRugs.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither UtahRugs.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or UtahRugs.com. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Usage by Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing product from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
Applicable Law
If you access the Site from anywhere in or out of the United States, you agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and UtahRugs.com and/or its Associates.
Disputes
If you access the Site from in or out of the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to product you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate UtahRugs.com's intellectual property rights, UtahRugs.com may seek injunctive or other appropriate relief in any state or federal court in the United States and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others; all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Prices and Availability of product
Prices and availability of product on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of product and it is always possible that, despite our best efforts, some of the product listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that product may sell quickly and/or are available in a limited quantity and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from Google, but the product is no longer available in our or our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability or any other foreseeable reason.
Ordering Through the Site
Google Checkout assists us in processing orders. When ordering a product, you will be presented with Google Checkout’s terms and conditions to which you must agree with in order to receive the product(s) you ordered. If there is any inconsistency between these Terms and Conditions and those of Google Checkout, these Terms and Conditions will prevail.
You will need to create a Google Checkout account in order to shop from UtahRugs.com. Once you login; you will be prompted by Google Checkout for your Debit/Credit card information and shipping address details. Your credit card information will remain with Google Checkout as to protect UtahRugs.com and you as a customer. Once your account is created with Google Checkout, it will be used for all incoming financial transactions made by you through Google Checkout and Designerrugsouce.com. Please refer to our HYPERLINK "http://Designerrugsource.com/privacypolicy"Privacy Policy as we do not use this information for reasons other than to collect information to better our service to you. Our third-party service partner Google shall do the same unless otherwise noted in their Terms of Service or Privacy Policy. In any event, our terms of service and Privacy Policy shall prevail in all matters pertaining to the use of your personal information on UtahRugs.com.
After registering with Google Checkout and agreeing to Google’s terms and conditions, you will be redirected to a checkout page hosted by Google to complete your order. On the checkout page you are required to select a method of payment and provide your shipping address details. After placing an order with us, you will receive an email from Google Checkout acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted by us but only that is had been confirmed with us through Google Checkout that your order has been placed. Your order through Google Checkout constitutes an offer to us to buy product(s) and all orders are subject to acceptance by us. Google Checkout will confirm our acceptance of your offer by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). Thereupon purchase, we will, bill your credit card, collect and remit any duties and taxes -if any- to the appropriate taxing authority and arrange for the product to be shipped directly from our warehouse to the shipping address by common carrier. We are then legally obliged to deliver the product(s) ordered as set out in these Terms and Conditions.
The contract will relate only to those product whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other product which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our inventory or for any reason deemed by us reasonable to rescind our acceptance of the contract terms without penalty. You agree that UtahRugs.com can at any time or under any condition deemed reasonable, reserve the right cancel your order.
Shipping
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.
Package Tracking
To track your order, click Track [Carrier] package on the Order Receipt page in your Google Checkout account. If tracking information isn't available, and if you placed an order that should have arrived, according to us or tracking information in your account, please contact the shipping carrier for additional information.
As we use a third party carrier to deliver our product to you, you may of your own choosing, track these packages through their site services. Tracking information varies by carrier. Some only provide confirmation of shipment, while others provide detailed updates, estimated delivery dates, or geographic locations. Shipping carriers may provide on their website additional details about their delivery process.
Once your order has been confirmed and your credit card has been debited for the amount agreed upon and the item is in the possession of the third party shipping company, the item falls under the third party’s shipping procedures, schedules, insurances, limitations of service, and all other contractual agreements made with the third party shipping company and you. You will agree that Designerresources.com holds no responsibility to the package once it is in the possession of the third party company. You agree that credit cards and debit cards are to be charged on the date of product reservation for the order and not the date of shipping.
Delivery Times
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation.
We will try our best to process your order on the same day it was received or on the following day. Your order may take up to two business days to fully process depending on when your order was received.
Special Shipping Procedures
Many of our items exceed 150 US pounds, and as such, separate shipping arrangements are necessary for the delivery of these product(s) and delivery times may be affected. In the event that an item or multiple items exceed 150 US pounds, the order will be ground shipped through the third party shipping company.
Risk of Loss
All items purchased from UtahRugs.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier. In the event that a package is lost, stolen or damaged while in the care of the third party carrier, a claim must be filed with the third party carrier.
Our liability for losses any customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation.
Other than the warranties and other assurances we give you in these Terms and Conditions, UtahRugs.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by UtahRugs.com shall create a warranty (unless made fraudulently).
Non-U.S. Pricing
Pricing of product available for purchase by non-U.S. customers may vary by country and from our prices available to our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties and imports factored into the price of the product. However, please note that UtahRugs.com will not pay for shipping charges to addresses outside the U.S. nor will utahrugs.com pay for order cancellation charges or any charges outstanding for packages shipped to address outside the U.S. In all instances of contracts regarding packages sent to addresses outside of the U.S. adhere to these Terms and Conditions as governed by U.S. law and the State of Utah, U.S.
Order Cancelations
If you are contracting as a consumer, you may cancel an order that we have accepted at any time prior to shipping. In which case, you will receive a full refund of the price paid for the product. Please note you must return the product to us and must pay the cost of returning the product to us under the policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us.
To cancel an order, you must inform our customer service immediately by email or phone. In which case, a customer representative will provide you with a link to the Return Merchandise Authorization (RMA) label in which you must fill out using your order information, including the order number. You will attach this label to the package being returned. If you have questions or if you have lost your order number, you will need to contact our customer support via email at HYPERLINK "mailto:info@designerresource.com"info@designerresource.com or by phone.
You agree to return the product(s) to us immediately in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the product while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Details of this statutory right, and an explanation of how to exercise it, may be obtained by contacting us at HYPERLINK "mailto:info@designerresource.com"info@designerresource.com. This provision does not affect your statutory rights.
Rug underlay, as it is a custom item specific to your order, will not be accepted for return under any circumstances by UtahRugs.com. UtahRugs.com will not pay for shipping charges associated with the return of custom underlay, regardless of whether or not you were aware of this condition.
Privacy Policy
As our customer, your privacy is important to us. We will never share your personally identifiable information without your prior consent. We gather certain types of information in an effort to improve your shopping experience and to communicate with you about our product, services, promotions and contests. Our Privacy Policy describes the types of information we gather and how we use it.
UtahRugs.com collects two types of information from customers that are stored in a secure database: voluntary information (such as name, e-mail address, billing and shipping addresses and phone number) and automatic information (such as number of visits and browser used.) Your credit card information will remain with Google Checkout.
Voluntary information is personally identifiable information that our customers provide when registering with Google Checkout. It makes it possible for you to purchase items, receive electronic newsletters and enter contests and other promotional opportunities provided by UtahRugs.com. We also maintain a record of customer product interests and purchase history from our site in order to better supply product. This information is also necessary for us to process and ship orders, inquire our customers about purchases, and inform them about occasional special offers.
Automatic information is non-personally identifiable information that Google Checkout receives and stores and is made available to us whenever you interact with UtahRugs.com. The information is received when your Web browser accesses UtahRugs.com through Google Checkout and includes the following:
IP address - to measure our site traffic, diagnose problems with our server and administer over our Web site.
Referral site - if you come to our site via a link from another Web site, the location of the referral is noted. This is used to help us know where some of our users come from.
Browser type - to help us optimize our site to match the latest technology used by our customers.
Number of visits - so we can offer special promotions to regular customers and provide a more personalized shopping experience.