TERMS & CONDITIONS

Please review these terms and conditions and the Privacy Policy which collectively may be referred to as the “Terms” or “Agreement”, and which among other things govern your interaction with and use of healthyhomeflooring.co, any other site operated by Healthy Home Flooring, any mobile application offered by us and any other site on which these Terms appear (each referred to as a “Site”). By using the Site or its related services, products, and functionality, including but not limited to making a purchase, you agree to be bound by these Terms and agree the Terms shall govern your usage of the Site or purchase.

PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH REQUIRES AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES, RATHER THAN A CLASS OR COLLECTIVE ACTION OF ANY KIND.

PRODUCT ORDERS

Healthy Home Flooring, LLC cannot guarantee the availability of any particular product displayed on this Site. Healthy Home Flooring, LLC reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Healthy Home Flooring, LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). For online or phone orders, merchandise may be shipped from multiple locations to you or your selected HHF store for pickup. Healthy Home Flooring, LLC therefore will charge your credit card(s) at the time of purchase a deposit equal to 100% of the purchase price, plus any taxes and delivery fees. In the event of an unexpected delay in the shipment of the merchandise, you will be notified and given an opportunity for a full refund.

INFORMAL DISPUTE RESOLUTION

Either party asserting a Dispute (as defined below) shall first try to negotiate in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 business days from receipt in which to respond. The notice is required to include your name and contact information (including address, telephone number, and email address). It is also required to include sufficient for the Healthy Home Flooring, LLC Parties (as defined below) to identify any transaction at issue and. a detailed description of (1) your Dispute, (2) the nature and basis of claim(s), and (3) the nature and basis of the relief sought. You must personally sign the notice. During this informal process, should the Healthy Home Flooring, LLC, Parties request an individualized telephonic conference to further the parties’ efforts to resolve the Dispute, you agree to personally participate along with your counsel if you are represented. Unless otherwise agreed in writing, the informal dispute resolution procedure will not exceed 90 days.

Notice shall be made by first class or registered mail (1) to Healthy Home Flooring, LLC at 2732 W. Mcdowell Rd, Phoenix, AZ 85009 Attn: Legal Department, or (2) to you at the postal address on file with Healthy Home Flooring, LLC.

Both you and the Healthy Home Flooring, LLC Parties agree that this informal dispute resolution procedure is a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this mandatory informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, either party may elect to have this issue decided by a court and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.

You agree that any legal dispute or claim between you and Healthy Home Flooring, LLC, including its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns (collectively, the “ Healthy Home Flooring, LLC Parties”), arising out of, relating to or concerning any aspect of your customer relationship with Healthy Home Flooring, LLC, this Site and/or this agreement, any communications between you and the Healthy Home Flooring, LLC Parties, or your participation in any program or service provided by the Healthy Home Flooring, LLC Parties (“Dispute”), shall be resolved only through an individual action. Dispute includes any dispute, action, claim, or other controversy between you and the Healthy Home Flooring, LLC Parties, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute also includes all legal disputes or claims that arose before the existence of the Terms (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of the Terms. The term “Dispute” will be given the broadest possible meaning allowable under law.

CLASS ACTION WAIVER

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT ANY ACTION, LAWSUIT, ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL AND NOT A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. A DISPUTE MAY NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THE AGREEMENT AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF THEN NEITHER PARTY IS ENTITLED TO ARBITRATE SUCH CLAIM OR REQUEST FOR RELIEF. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (INCLUDING PUBLIC INJUNCTIVE RELIEF) AND ANY APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT, BUT SHALL BE STAYED PENDING RESOLUTION OF THE REMAINING CLAIMS.

The Informal Dispute Resolution provision and this Class Waiver shall survive any termination of the Terms and your relationship with Healthy Home Flooring, LLC.

GOVERNING LAW, JURISDICTION AND OTHER TERMS

The Agreement and any Dispute shall be governed by, and interpreted, construed, and enforced in accordance with, the law of the State of Delaware which will govern without regard to principles of choice or conflicts of law. You agree that any permitted non-arbitrated disputes or claims between you and Healthy Home Flooring, LLC arising from or related to the Site or this Agreement shall exclusively be resolved in a state court presiding over Delaware or, if the subject matter jurisdictional requirements can be satisfied, in the United States District Court for the Delaware, and you irrevocably consent and submit to the personal jurisdiction and venue of such state and federal courts for any such dispute or claim. You waive any right that you may have to object to the personal jurisdiction or venue of such state and federal courts.

You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk.

You agree that Healthy Home Flooring, LLC may at any time change the terms, conditions and notices under which this Site is offered. Such changes will be effective when posted. By continuing to access or use the Site, among other things, after we post any such changes, you accept the Terms as modified. If we make any future changes, they shall not apply to any Dispute for which you have previously provided notice to Healthy Home Flooring, LLC. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Healthy Home Flooring, LLC as a result of this agreement or your use of this Site. Healthy Home Flooring, LLC’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Healthy Home Flooring, LLC’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Healthy Home Flooring, LLC with respect to such use.

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

This Agreement, including the privacy policy, and any terms of sale constitute the entire agreement between you and Healthy Home Flooring, LLC with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Healthy Home Flooring, LLC with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Healthy Home Flooring, LLC in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Healthy Home Flooring, LLC in printed form.

If any provision of these Terms is found to be illegal or unenforceable, the remainder of these Terms shall continue to be fully valid, binding, and enforceable. Except as specifically provided in the Dispute resolution provisions above, these Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.

Effective Date: April 1, 2024.