Terms of Service
Cancellation. If the Customer desires to cancel the Agreement, Customer must pay a cancellation fee equal to 15% of the total cost estimate above, and all ordered materials will be subject to a return/restocking fee of up to 35%. If materials cannot be returned/restocked, Customer shall be responsible for the full cost of those materials. If applicable, any balance of Customer’s deposit will be returned to the Customer in the form of a check or credited back to the credit card used to pay the deposit.
Independent Contractor. It is understood and agreed that the operations of Good Guy are those of an independent contractor and that Good Guy, its officers, employees, and contractors are not employees of the Customer. Moreover, Customer understands and agrees that Good Guy may hire sub-contractors to perform Services under this Agreement (each a “Contractor”).
Clean Up & Damages. During the removal and/or installation process dust will be created. Unless the Services include cleaning, Good Guy is not responsible for clean-up and/or costs associated with clean-up. Good Guy is not liable for damage to the interior or exterior of the house, building, or structure unless caused by direct actions or gross negligence of Good Guy, as well as the use of nonnormal or unreasonable procedures by its Contractors. This includes but is not limited to; furnishings, merchandise, flooring, light fixtures, sheetrock, texture, paint, trims and moldings, countertops, brick, siding, etc. Good Guy is not responsible for damage to hidden water lines, A/C Freon lines, electrical lines or any other hidden objects. Work Outside the Scope of Services. Replacement of deteriorated decking, framing, sheetrock, cement board, concrete or other substrate materials, unless otherwise stated in this Agreement, are not include and will be charged as an extra to Customer on a time and materials basis.
Acclimation. HVAC must be on and running for 48-72 hours with all engineered wood, laminate and vinyl products on site for acclimation prior to installation. Solid wood floors require a minimum of 5 days acclimation prior to finishing the floors.
Miscellaneous Terms. Good Guy Flooring cannot be responsible for shade variation, dye lot or calibration variances in products sold. Samples are a representation of the product and may not match the actual product being installed. In existing homes, when replacing carpet, the tack strip will be left down unless they are damaged or need to be replaced. This is at the discretion of Good Guy Flooring. Moreover, floor preparation will incur an additional charge if needed.
Timing of Services. Scheduling a specific arrival hour cannot be guaranteed. Good Guy will do its best to arrive as close to the scheduled time as possible. If you need to reschedule your installation, you must give Good Guy at least a 48-hour notice. Failure to provide adequate notice may result in an additional charge.
Warranty of Work. Good Guy will not warrant work related to faulty, incorrectly installed or defective plumbing, including but not limited to, shower drains, pipes, sinks, tubs, toilets, toilet escutcheons, pan liners and/or fixtures. Labor Warranty only covers faulty installation by Good Guy. It does not cover damage caused by outside sources, natural disasters, settlement, distortion, failure of substrates or framing or failures by other general contractors or sub-contractors not under Good Guy’s supervision. Labor warranty also excludes any damage caused by owners, tenants or anybody affecting the work of Good Guy other than employees or representatives of Good Guy. Good Guy shall revoke Labor warranty if Good Guy is not paid in full. Labor and Material Warranty are not transferable without additional cost.
Payment. Fifty percent of the Payment is due upon execution of this Agreement. Payment in full is due immediately upon completion of work specified in this Agreement. NSF and/or returned checks are subject to a $35.00 fee and payments are due immediately. Unpaid balances are subject to finance charges at a rate of 1.5% per month which is equal to an annual percentage rate of 18%. If collection becomes necessary, the customer agrees to pay all costs, expenses, and legal fees associated with the collection, with or without suit, including attorney fees and court costs.
Ownership & Liens. Customer agrees that Good Guy Flooring shall retain title to all materials used in this agreement until the total amount due under said Agreement has been paid in full, including any late fees, interest and/or extra charges or alterations to the original Agreement. Customer agrees to grant Good Guy Flooring a lien on Customer’s property as a security interest for the performance of this Agreement.
Insurance. Customer’s Insurance company must include Good Guy as an additional payee. Good Guy representatives reserve the right to negotiate price and measurements with the insurance company in the event of a loss claim. Good Guy reserves the right to file for supplemental insurance claims due to inaccurate measurements, higher priced materials and/or labor.
Severability. To the extent that any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this section is reasonable in view of the parties’ respective interests.
Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Indemnification & Limitation of Liability. Each party agrees to indemnify, defend and hold harmless the other party and its Affiliates and its and their respective officers, directors, employees, agents, successors, licensees, supplier and assigns from and against any and all claims, losses, liabilities, damages, penalties, governmental inquiries, investigations and proceedings, and all claims, as well as all costs and expenses (including reasonable attorneys’ fees) related to any of the foregoing by third parties (or the government) (all of the foregoing, collectively, “Claims”) arising from the indemnifying party’s alleged breach of this Agreement. In no event shall Good Guy or its affiliates be liable for any indirect, incidental, consequential, special, punitive or exemplary damages. Good Guy’s liability under this Agreement is limited to the total amount paid by Customer hereunder. Governing Law; Venue: This Agreement shall be governed in all respects by the laws of the State of Texas without regard to any provisions thereof relating to conflict of laws among different jurisdictions. Venue for any dispute between the parties will be in the state or federal courts of Dallas County, Texas.
Arbitration. Any controversies arising out of this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, performance, or termination, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law in Dallas, Texas, and the judgment upon award may be entered in any court having jurisdiction thereof. I (we) the owner (s) agree to the terms herein, including paying Good Guy Flooring the total price listed for the Services described herein.
Information We Collect and How We Use It. Our primary goal is to collect information in a friendly, customized, and efficient manner. We collect:
- Personal information you provide to us;
- Automatically collected anonymous data;
- Non-personally identifiable information
1. Personal Information You Provide to Us. Good Guy Flooring may require customers who request access to specialized content or services, register to use our Site or mobile application, or enter contests, to give us personal information, including demographic information and unique identifiers, in order to provide you with a more personalized experience.
Personal information we collect may be used by Good Guy Flooring to advertise or market our business, promotions, or services, keep and maintain accounts, and keep records of transactions. For instance, if you provide us with your email address, we may send you emails, which you may unsubscribe from, informing you about available products, programs, offers, and services. (See the Section titled “Choice” below for more information about how to change your email preferences.)
Disclosures and Transfers. Good Guy Flooring will not sell, rent, disclose, or transfer your personal information to any third party except when one of the following conditions is true:
- We have the individual’s permission to make the disclosure;
- The disclosure is required by law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Good Guy Flooring;
- The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
- The disclosure is to entities who sell or market our products, provided the disclosure is consistent with the purpose for which the personal information was obtained.
Data Retention. Except as otherwise permitted or required by law, Good Guy Flooring only retains personal data for as long as necessary to fulfill the purposes Good Guy Flooring collected them for. To determine the appropriate retention period for personal data, Good Guy Flooring considers the amount, nature, and sensitivity of personal data, the potential risk of harm from unauthorized use of processing by other means, and any applicable legal requirements.
2. Automatically Collected Anonymous Data. Following standard industry practice, Good Guy Flooring uses pixel tags and other methods to gather information about the emails it sends to registered Site users. Pixel tags are tiny graphic files that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our email service provider’s (“ESP”) servers to retrieve the pixel tag file, allowing the ESP to record and store information. Good Guy Flooring uses this information to optimize delivery of future messages to specific recipients.
We maintain log files tracking IP addresses to analyze trends, help diagnose problems with our servers, and to monitor traffic/usage in order to provide better service to our clients and Site visitors.
Good Guy Flooring engages with a third party, Google Analytics, to measure your use of our websites and applications so that we can make improvements, tailor the Site and online services to your likely interests, and conduct market research. The information provided to this third party does not include personal information. If you do not want your use of our Site tracked, do not use it.
We may use third-party service providers to serve advertisements on our behalf across the internet. These service providers may collect your IP address and non-personally identifiable or de-identified information about your visits to our Site in order to serve Good Guy Flooring ads while you are visiting other websites. Such non-personally identifiable information is anonymous or de-identified and does not reflect your name, address, email address or other personal information; however your IP address may be collected by such services. This anonymous or de-identified information is often collected through the use of a pixel tag (also known as cookies and action tags), which is industry-standard technology used by most major websites.
Third party advertising websites, such as Facebook, may use tracking pixels to track the success of the ads we run on such websites.
To learn more about these and other third party analytical tools, and how to opt out of cookies using your browser settings please visit www.aboutcookies.org.
At certain points in your visit to the Site, our server or the servers of our unaffiliated service providers (providers who help us maintain and operate the Site for other reasons related to the operation of our business) may send a “cookie” file to your computer. Your browser may prompt you to accept this file unless you have set your browser preferences to accept all cookies automatically. Cookies are employed primarily to provide you with a good experience when you browse our Site and also allows us to improve the Site. We may link cookie information with any personally-identifiable information you provide us.
Personal data is collected so we can personalize your experience on the Site and enable you to share pages on social media sites.
3. Non-personally Identifiable Information. The Site may collect non-personally identifiable information during your visit, such as type of browser, operating system, domain name, or IP address. An IP address is a number that identifies a specific computer connected to the internet. Web servers — the big computers that “serve” up web pages — automatically identify your computer by its IP address. When you visit pages on the Site our servers log your IP address. We do not link IP addresses to any personally identifiable information. This means that your session will be logged, but you remain anonymous to us. IP address information is used only to improve the service of the Site, and is then discarded at the end of each session.
Good Guy Flooring also collects information through “referrers” and various environmental variables. A “referrer” is information that the browser passes to Good Guy Flooring’s web server which references the URL from where you came. “Environmental variables” include, among other things, the domain from which you access the internet, the time you accessed our Site, type of browser, operating system or platform used, the internet address of the website you left to visit Good Guy Flooring, the names of the pages you visit while at our Site, and the internet address of the website you then visit. We collect all of this information to allow us to detect broad demographic trends, to provide information tailored to your interests and to enhance your experience on the Site.
At times, the Site uses what are commonly referred to as “pixel tags,” “web beacons,” or “clear GIFs,” including other similar methods (collectively, “Pixel Tags”) to collect aggregated information about Site usage. Pixel Tags allow Good Guy Flooring to measure the number of users who have visited specific pages on our Site and help determine the effectiveness of advertising campaigns. The information collected from Pixel Tags contains no personally identifiable information and is used for statistical analysis only.
In certain situations, the use of Pixel Tags and cookies may be controlled by unaffiliated entities in order to manage programs or promotions. Where permitted by law, Good Guy Flooring cannot be responsible for third-party uses of Pixel Tags and cookies; however, when we are able, we will require these unaffiliated entities to not collect personally identifiable information.
Profiling. To help us improve our Site and to ensure that we make every effort to provide you with information and offers that are of interest to you, we may develop a non-identifiable profile based on the pages within our site that you visit.
Choice. You have the following choices regarding the use of your information:
- You may choose not to provide us with any contact information;
- You may set your browser to reject cookies and to erase cookies that have already been placed on your hard drive;
- If you do not want your personal or non-personal information merged with cookie and other information, you should not use the Site or should adjust your browser settings appropriately;
- If you no longer wish to subscribe to Good Guy Flooring emails or digital promotional communications, you can opt out of receiving them by following the Unsubscribe instructions included in each newsletter or communication;
- If you would like to modify or delete information or specific details associated with your email settings, you can easily do so by following the preference center instructions included in each newsletter or communication.
- If personally identifiable information changes, you may update such information by making the change through our preference center.
Data Rights. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You may have the following rights depending on the country in which you live:
- You may choose to access, correct, update, or request deletion of your personal information;
- You may object to processing of your personal information;
- You may withdraw your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
- If you have any questions or requests related to your personal information or how Good Guy Flooring processes them, please contact Good Guy Flooring at email@example.com. Proof of identity may be required to protect personal data against unauthorized access. Any personal data collected to respond to an inquiry or fulfill a request will be retained for 90 days after request closure and then deleted. This will allow for follow-up processing as necessary.
- If for any reason you are unsatisfied with how Good Guy Flooring has handled your personal data or your data request, you may contact your local Supervisory Authority (an independent public authority) to lodge a complaint.
Data Storage and Maintenance. All personal data collected is stored and maintained in the United States, unless legally required to be kept elsewhere. Personal data are always processed by Good Guy Flooring in a manner that best ensures their security.
Good Guy Flooring may share personal data with its service providers (e.g. a company that physically stores data on computer servers) to manage a business account or when otherwise permitted or required by law. Good Guy Flooring service providers are required by contract to adhere to the same data protection laws that Good Guy Flooring follows to further ensure data security.
Security. We make every effort to have reasonable security procedures in place to protect the loss, misuse or alteration of information under our control. If you have any questions about the security of our Site, you can send an email to firstname.lastname@example.org.