Please read the following terms and conditions before using the Mullican Flooring, LP (“Mullican”) web site. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (“Agreement”).
To access certain portions of this web site, you must have an assigned username and password. Mullican provides usernames and passwords to authorized Mullican distributors only. Password holders agree to provide truthful and accurate information during prompted to submit personal information through a form or e-mail request from authorized Mullican staff and to maintain the accuracy of any submitted data. Mullican reserves the right to terminate any account and suspend use of any and all services offered through this web site if any information provided is untrue, inaccurate or incomplete.
All materials contained on this web site are copyrighted except where explicitly noted otherwise. © 2006 Mullican Flooring, LP. All rights reserved.
The use of Mullican’s trademarks as a "link" on or from any other web site is strictly prohibited unless Mullican has approved the link in advance.
Disclaimer of Photos
The photos on this web site are provided to assist you in choosing the right Mullican product for your home. Photos can be helpful in determining species, grade, and other considerations such as color, grain variation, and other related charachteristics of flooring material. These photos are meant to be samples only and are not intended to provide a perfect match to the actual flooring product. Colors and photo size may vary based upon your screen resolution and other computer settings outside of Mullican’s control. The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue, brightness, contrast, and other screen variations.
The size of the sample photo shown on the website is a very small fraction of the number of boards in an actual floor. You should expect greater variation in grain, color, and character in your actual floor than may be visible in the photograph. Wood is a natural product and some variation is to be expected. Some species of wood change color over time. This may vary based on the specific conditions of your site.
Therefore, Mullican shall not be held responsible for any variation between the photos on this website and the actual flooring you receive, including but not limited to: Color variation, grain variation, color change, and character variation.
Disclaimer of Warranties
Mullican makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Mullican make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, MULLICAN PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MULLICAN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF MULLICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
MULLICAN MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MULLICAN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MULLICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree, at your own expense, to indemnify, defend and hold harmless Mullican, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this web site or any product or service related thereto.
This Agreement and the relationship between you and Mullican shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a Tennessee court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.