Terms of Service

These Terms of Service ("Terms") govern your access to and use of the FloorFound website at floorfound.com and any related content and services (collectively, the "Service") provided by FloorFound ("FloorFound," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service

FloorFound operates an end-to-end sales operation for premium furniture trade brands, connecting trade brands with independent dealers. This website provides information about FloorFound and links to our operating platform. The Service is intended for business use by trade brands, dealers, and related professionals.

Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you are acting on behalf of a business and have the authority to bind that business to these Terms.

Accounts and the platform

Certain features, including dealer registration and login, are provided through our platform at recommerce.floorfound.com and may be subject to additional terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Text messaging terms (SMS, MMS, and WhatsApp)

FloorFound Messaging is an optional text messaging program for registered dealers and for the trade brands that supply inventory to FloorFound (supplier partners). When you opt in, FloorFound will exchange SMS, MMS, or WhatsApp messages with you at the mobile number you provide about inventory offers, orders, recommerce requests, and related conversations about doing business with FloorFound. We use the channel you can receive; if we reach you on WhatsApp, your use of WhatsApp is also governed by WhatsApp's own terms. That includes notifying you when a new inventory offer is available for your business, with a link to view and respond to it, following up on open offers and conversations, responding to your questions and counter-offers, and updating you on the status of an offer, order, or recommerce request. By opting in, you agree to these SMS terms in addition to the rest of these Terms.

How you opt in

You opt in by replying to a FloorFound email that describes this program with the mobile number you want us to text and your confirmation. By doing so you consent to receive automated SMS, MMS, or WhatsApp messages from FloorFound at that number. Opting in is not a condition of buying from or doing business with FloorFound. You confirm that you are authorized to consent on behalf of your business and that the number you provide is yours or your business's to use.

Message frequency and cost

Message frequency varies based on offer activity and on the conversations you have with us. FloorFound will initiate no more than three messages per day to your number; replies to messages you send us are not limited. Message and data rates may apply. Check with your mobile carrier for details about your plan. Carriers are not liable for delayed or undelivered messages.

Opting out and getting help

Reply STOP to any message, on any channel, to cancel. After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will receive no further messages from the program on any channel. You can also opt out by emailing support@floorfound.com. To rejoin, reply START or ask us by email. Reply HELP to any message, or email support@floorfound.com, for assistance.

Replies

You can reply to a message to ask a question, make a counter-offer, or continue a conversation about an offer, order, or recommerce request. Your replies may be handled by a FloorFound team member or by an automated assistant acting on FloorFound's behalf. You can ask for a person at any time, and a FloorFound team member will follow up. A text reply is not an acceptance of an offer; offers are accepted through the link in the message, on the FloorFound platform.

Privacy

How we handle your mobile number, consent, and message content is described in the text messaging section of our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Changes to the program

We may change or end the program at any time. If we change these SMS terms materially, we will update the "Last updated" date above and, where required, notify you by text or email.

Acceptable use

You agree not to:

• Use the Service for any unlawful, harmful, or fraudulent purpose
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Interfere with or disrupt the integrity or performance of the Service
• Scrape, harvest, or collect data from the Service without our written permission
• Reverse engineer or copy any part of the Service except as permitted by law
• Use the Service to transmit malware or other harmful code

Intellectual property

The Service and its content, including text, graphics, logos, and software, are owned by FloorFound or its licensors and are protected by intellectual property laws. FloorFound grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended business purpose. All rights not expressly granted are reserved.

Third-party links and services

The Service may contain links to third-party websites and services that we do not control. We are not responsible for the content, policies, or practices of any third party. Your use of third-party services is governed by their terms.

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any information on the Service is accurate or complete.

Limitation of liability

To the fullest extent permitted by law, FloorFound and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed one hundred U.S. dollars (US$100).

Indemnification

You agree to indemnify and hold harmless FloorFound and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service or your violation of these Terms.

Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Contact

Questions about these Terms? Email chris@floorfound.com.