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These Terms of Service (the “Terms”) form a binding agreement between you and My Way Carpet & Floors (“we,” “us,” or “MyWayCarpet.com”). By accessing or using mywaycarpet.com, our subdomains, mobile experiences, or by engaging our services, you agree to these Terms. If you do not agree, do not use the site or our services.
You must be at least 18 years old and able to form a binding contract to use the site or to engage our services. If you are acting on behalf of an entity, you represent you are authorized to bind that entity.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the site for your personal, non-commercial use, subject to these Terms. All other rights are reserved.
You may not (and may not assist anyone else to):
Limited “fair use” review by search engines, accessibility tools, and personal browsing is permitted.
You will not use the site to: (a) impersonate any person or entity; (b) transmit malicious code, viruses, or worms; (c) overload, disrupt, or interfere with the site; (d) collect or store personal information about other users without authorization; (e) attempt to gain unauthorized access to any account, system, or data; or (f) post or transmit anything unlawful, defamatory, obscene, hateful, threatening, or that infringes another’s rights.
Catalog information — including style names, color names, SKUs, specifications, and photographs — is provided as a convenience to help you browse what we install. Manufacturer specifications may change without notice. Color reproduction in digital photos may differ from the physical product. Before final selection, please view a physical sample in our showroom or request one from us.
Prices, promotions, financing terms, and labor estimates posted on the site are general guidance and are not binding offers. A binding price for your project requires a written, signed estimate or contract from us covering the specific scope, materials, room measurements, sub-floor condition, and installation requirements.
We reserve the right to correct typographical, pricing, or specification errors and to refuse or cancel any project where information is materially wrong.
Installation services are governed by the written contract or work order you sign with us, which controls scope, materials, schedule, warranty, payment terms, and any cancellation provisions. To the extent of any conflict, the signed contract controls over these Terms with respect to the services it covers.
We are not responsible for delays caused by manufacturer back-orders, weather, force-majeure events, or conditions in your property that were not disclosed before work began.
If you submit a review, photo, video, testimonial, or other content (“User Submissions”), you represent that you own or have rights to the content and grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, edit (for clarity and length only), display, and distribute it for marketing, advertising, and operational purposes — including on the site, in social media, and in print materials.
You may request removal of a User Submission at any time by emailing legal@mywaycarpet.com.
The site — including all text, layout, graphics, color scheme, typography, photography (other than manufacturer-supplied product photography), custom catalog interface, compare-board feature, scoring icons, brand look-and-feel, the MY WAY CARPET and MyWayCarpet.com trademarks and trade dress, and the “877-GO-MY-WAY” jingle/audio — is the property of My Way Carpet & Floors or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. See our Intellectual Property Notice for details.
We display and discuss third-party manufacturer brands (including Anderson Tuftex, Masland, Kane Carpet, Shaw, COREtec, Fabrica, and others) as an authorized retailer. All third-party trademarks, logos, and product names are the property of their respective owners. Their inclusion does not imply endorsement of us by those brands beyond our dealer relationship.
The site may contain links to third-party sites or services. We do not control and are not responsible for the content, terms, or privacy practices of those sites.
THE SITE AND ALL CONTENT, FUNCTIONS, MATERIALS, AND SERVICES ON THE SITE ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. SOME STATES DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE STATES, THE DISCLAIMERS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Installation work that we contractually perform is covered by the written warranty in your contract, which is separate from this disclaimer.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MY WAY CARPET & FLOORS NOR OUR OWNERS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For any direct damages, our aggregate liability arising from or related to your use of the site is limited to the greater of (a) one hundred dollars (US $100) or (b) the amount you have paid us for services in the six (6) months preceding the claim.
These limits do not apply to liabilities that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud.
You agree to defend, indemnify, and hold harmless My Way Carpet & Floors and its owners, officers, employees, agents, licensors, and service providers from and against any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your User Submissions; or (d) your misuse of the site.
We may suspend or terminate your access to the site at any time, with or without notice, for any reason or no reason, including suspected violation of these Terms. Provisions that by their nature survive termination (including sections 8 through 17) will continue in effect.
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. Subject to section 15, any judicial action arising from these Terms or your use of the site must be brought exclusively in the state or federal courts located in Middlesex County, New Jersey, and you consent to personal jurisdiction and venue in those courts.
Informal resolution first. Before filing any claim, you and we will attempt to resolve the dispute informally by written notice to the contact in section 17, with a 60-day period to negotiate in good faith.
Binding arbitration (US users). If informal resolution fails, all disputes — except those qualifying for small-claims court — will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The seat of arbitration is Middlesex County, New Jersey. Class actions, class arbitrations, and representative actions are waived to the fullest extent permitted by law.
30-day opt-out. You may opt out of arbitration within 30 days of first agreeing to these Terms by sending written notice to legal@mywaycarpet.com with the subject line “Arbitration Opt-Out” and your full name and address.
My Way Carpet & Floors
Attn: Legal — 3373 South Clinton Avenue, South Plainfield, NJ 07080
Phone: 1-877-466-9929
Legal: legal@mywaycarpet.com
General: info@mywaycarpet.com
