Terms of service

COVERED BY RUGS TERMS OF SERVICE
Last Updated: October 23, 2018
AF Holdings LLC (“AF Holdings LLC”, “we” or “us”) maintains the Covered by Rugs website, referred to as the “Site” for your personal entertainment, information, education and shopping convenience. You are encouraged to use and enjoy the Site. With your use of the Site, you agree to these Terms of Service and the disclaimers and terms and conditions stated on the Site (“Terms of Service”). You should carefully read the Terms of Service before using the Site. If you do not agree to be bound by the Terms of Service, do not use the Site. Please note that other websites provided by AF Holdings LLC may be subject to different terms and policies.

We reserve the right to update and makes changes to these Terms of Service at any time by updating this posting. By using the Site, you agree to be bound by any such changes and should periodically visit this page to determine the then-current Terms of Service to which you are bound.
Eligibility. The Site is available to people residing in the United States who can form legally binding agreements under applicable law. Access to the Site may be prohibited in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.
Ownership of Content. Content included on the Site, including information, data, software, technical information, photographs, videos, typefaces, graphics, and other material (collectively “Content”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and AF Holdings, LLC (its vendors or licensors) owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. The rights in the Content are retained by the owner and are protected by copyright and other applicable law. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the Site and functionality, including the Idea Board and Tools, remain the exclusive property of AF Holdings, LLC and its vendors and licensors.
License to Access the Site. We grant you a limited license to access and make informational, personal and non-commercial use of the Site and Content. You may download material on the Site for non–commercial, personal use provided you retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted on the Site). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of the Site including the text, images, audio and/or video for public or commercial purposes (other than as permitted on the Site) without written permission from an authorized representative of AF Holdings, LLC.
Product, Service and Technical Information on the Site. Unless otherwise stated in the Site, the products and services depicted on the Site are available through authorized AF Holdings, LLC dealers, retailers and installers. We have made a conscientious effort to display and describe the products, services and related specifications available on the Site accurately and completely. However, the detail and accuracy of the image and specifications of products that you see as a visitor to the Site will depend on a number of things. We do not guarantee that the product images, services or specifications displayed on the Site are or will remain accurate. We are constantly updating the products and services on the Site in response to the technological and product advancements. The technical information, recommendations and other information made available on the Site, including recommendations regarding product selections, are not substitutes for consultation with retailers and dealers familiar with your particular needs and circumstances. The display of a product or service on the Site does not mean that the product or service is or will be available through a particular dealer or retailer, even if the dealer or retailer is mentioned on the Site. We are not a party to any sales or other transaction that you may make with a dealer, retailer or installer.

General Conditions. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
User Generated Content. User Generated Content (“UGC”) refers to the content added by users or visitors to the Site, as opposed to content created by the Site. All content uploaded or posted or shared to the Site by any users is UGC. We do not check UGC for appropriateness, violations of copyright, trademarks, or other rights or other violations of these Terms. UGC, as a part of the Site, is provided without a warranty of any kind, in accordance with the terms of this Site.
By providing UGC, you grant AF Holdings, LLC, its legal representatives and successors, as well as persons and companies acting with its permission, the perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You understand that we may use your UGC, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that UGC may be copied or exported from the Site and published elsewhere on the internet, including on any social media sites.
All UGC must comply with these Terms and our posting guidelines which may change from time to time. In addition, you understand that any UGC may be removed from the Site at any time for any reason.
When you submit UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the Site and our other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
a. You are at the least the age of legal majority in the state in which you reside;
b. The UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity;
c. The UGC does not violate any law, rule, or regulation of any governmental entity;
d. The UGC is not subject to any obligation of confidentiality;
e. The UGC does not contain any fraudulent statements or misrepresentations that could damage AF Holdings, LLC or any third party; and
f. You have not received any compensation of any kind for any UGC, unless properly disclosed pursuant to FTC guidelines.
You agree to indemnify and hold AF Holdings, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. Upon submission of UGC you hereby release AF Holdings, LLC and Releasees from, and irrevocably waive, any and all claims that use of your UGC with or without your name infringes or violates your rights in the UGC or any work or material contained in your UGC.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of the Site, or collect or solicit passwords or personal information from other users, or otherwise engage in any commercial activities via the Site. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam.
You understand that, under no circumstances will AF Holdings, LLC be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, and you waive any rights you have in having the material altered or changed posting, e-mailing or otherwise making available on the Site or other social media sites
Personal Information. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Restrictions on Use. You are prohibited from using the Site or any of its Content (i) to post or transmit any infringing, threatening, false, misleading, libelous, defamatory, obscene, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) to advertise or sell any products or service (other than as expressly permitted for designers); (iii) for any purpose that is unlawful or prohibited by these Terms of Service; (iv) in any manner which could damage or disparage AF Holdings, LLC; (v) in any manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site; and (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are strictly prohibited. AF Holdings, LLC will fully cooperate with any law enforcement authorities or any court order requesting or directing AF Holdings, LLC to disclose the identity of anyone posting or transmitting any such information or materials.
General Audience Site. The Site is a general audience site and is not intended for use by children. Children accessing the Site should get permission and assistance of a parent or guardian to use the Site.
Monitoring. AF Holdings, LLC shall have the right, but no obligation, to monitor content of the Site provided by third parties, if any, to determine compliance with the Terms of Service, any other operating rules established by AF Holdings, LLC for this Site and to comply with any law, regulation, or authorized government request.
Links to Third Party Websites. The Site may contain products and services offered by, and hypertext links to sites owned or operated by, parties other than AF Holdings, LLC (“Linked Sites”). Links to third-party sites are provided for your convenience only. AF Holdings LLC makes no representations whatsoever about any other web site which you may access through the Site. When you leave the Site, please understand that AF Holdings, LLC has no control over the content on that Linked Site. In addition, a link to a non–AF Holdings LLC, web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. AF Holdings, LLC makes no representation or warranty as to any third–party products or services. No rights to use or copy the information on this or the third–party site are granted or implied.
Linking to the Site. Linking to any page of the Site other than to coveredbyrugs.com through a plain text link is strictly prohibited in the absence of the written consent of AF Holdings, LLC. Any web site or other device that links to the coveredbyrugs.com is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that AF Holdings, LLC is associated with that web site or is endorsing that web site or its products, (d) misrepresenting any state of facts, including its relationship with AF Holdings, LLC, and (f) using any logo or trademark of AF Holdings, LLC without express written permission from AF Holdings, LLC.
Disclaimer of Warranties. THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND AF HOLDINGS, LLC, AND its affiliates, subsidiaries, designees AND each of their respective officers, directors, employees, agents, third–party content providers, designers, contractors, distributors, merchants, sponsors, licensors AND the like (collectively, “associates”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, We neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) the Content will be accurate, reliable, complete or up-to-date; (iii) Content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States; (iv) your access to the Site will be uninterrupted or error free; (v) information contained on Linked Sites will be accurate reliable, complete, or up-to-date; (vi) you will be satisfied with any products or services that you purchase from a Linked Site or any designer, dealer, retailer, or installer listed on the Site; and (vii) with reference to any discussions, chats, postings, transmissions, and the like that may be on the Site, We assume no responsibility or liability arising from any material or information that may be provided by any third party. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Exclusion of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL AF HOLDINGS, LLC OR ANY ASSOCIATES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. NEITHER AF HOLDINGS LLC, NOR ANY OF ITS ASSOCIATES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
Indemnification by You. You agree to indemnify, defend and hold harmless AF Holdings, LLC and its Associates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to any unauthorized use by you of the Site or Content, your provision of any Submission, any breach by you of these Terms of Service or your violation of any law or the rights of a third party.
Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
Termination/Access Restriction. We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the Site and the related services or disable your account at any time, without notice and for any reason. We also reserve the right to modify, terminate or withdraw the Site or any Content on the Site at any time without notice.
Arbitration. Except for intellectual property claims, any dispute, claim or controversy arising out of, relating to or concerning in any way these terms or website, whether sounding in contract, tort, or otherwise, shall be fully and finally settled by binding arbitration administered by the American Arbitration Association in Atlanta, Georgia. The arbitrator(s) may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Legal fees, including, without limitation, reasonable attorneys’ fees and costs of arbitration, shall be awarded to the prevailing party in the arbitration. Claims may only be brought by a party in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and the arbitrator or arbitrators may not consolidate more than one person’s claims or otherwise preside over any class or representative proceeding.
Intellectual property claims not submitted for arbitration shall be brought in the Federal District Court for the Northern District of Georgia, and the parties agree to the jurisdiction of Federal District Court for the Northern District of Georgia.
Governing Law and Disputes. The Site is created, operated and controlled by AF Holdings, LLC in the State of Georgia, United States of America. As such, the laws of the State of Georgia will govern these Terms of Service without giving effect to any principles or conflicts of laws.
General If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. These Terms of Service represent the entire agreement between you and AF Holdings, LLC with respect to access and use of the Site and supersede any prior statements or representations.