Floor Revolution is owned and operated by TRICK 3D, LLC (referred to herein as " TRICK 3D ”, “ we ”, “ us ”, or “ our ”). These Terms and Conditions of Use (" Terms of Use ") are a legal and binding agreement between you and TRICK 3D governing your use of this website (the “ Site ”) and all content, information, materials, products, services, and solutions featured, displayed, contained, and available on the Site (collectively the “ Services ”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT USE THE SITE OR THE SERVICES.

In addition, when you order or subscribe to any of our products, services, or solutions, you will also be subject to our terms, conditions, and agreements applicable thereto.

1. Modifications

We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently updated as indicated by the “ Last Updated ” section at the end of these Terms of Use. Your continued access to and/or use of the Site and the Services after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates.

2. Privacy

Please review our Privacy Notice as posted on the Site (the “ Privacy Notice ”), which is incorporated herein and also governs your use of the Site and the Services, to understand TRICK 3D’s privacy practices.

3. Use

TRICK 3D hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Services solely for your personal, non-commercial use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or the Services. TRICK 3D may at any time, for any reason, and without notice or liability: (i) modify, suspend, or terminate operation of or access to the Site or the Services, or (ii) change, revise, or modify the Site or the Services, including, without limitation, all pricing information.

4. Ownership and Intellectual Property Rights

The Site, the Services, and all Floorplan Revolution technology and know-how (“ Floorplan Revolution Technology ”) are owned by or licensed to TRICK 3D and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. Floorplan RevolutionSM and the other trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and the Services are owned by TRICK 3D and protected by U.S. and international trademark laws (collectively, the “ Marks ”). You agree that TRICK 3D owns and retains all right, title and interest (including all intellectual property rights) in and to the Site, the Services, the Marks, and the Floorplan Revolution Technology (collectively, the “ TRICK 3D Intellectual Property s”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Site and the Services.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any TRICK 3D Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any TRICK 3D Intellectual Property except as expressly provided in these Terms of Use. You are also advised that TRICK 3D will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

5. Restrictions on Use

You agree not to:

  • reproduce, distribute, publically display, or otherwise transfer the Site or Services;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, the Services, or any Floorplan Revolution Technology;
  • prepare derivative works based on the Site, the Services, or any Floorplan Revolution Technology;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site, the Services, or any Floorplan Revolution Technology;
  • frame, mirror, or in-line link the Site or Services, or incorporate into another website, application, or other service any TRICK 3D Intellectual Property;
  • use this Site, the Services, or the Floorplan Revolution Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of TRICK 3D or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this Site, the Services, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

6. Orders and Accounts

To place an order for our Services, you must create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login. TRICK 3D shall not be liable for any loss or damage arising from your failure to comply with these obligations. TRICK 3D may reject any order for any reason in its sole discretion.

7. User Content/Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site, the Services, or otherwise to us (e.g., through email) (“User Content”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Notice, User Content is considered non-confidential and non-proprietary. Furthermore, you grant TRICK 3D an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit and distribute any User Content, without compensation or accounting to you or anyone else. You represent and warrant that: (i) you have the right to submit User Content to TRICK 3D and grant the licenses set forth above; (ii) TRICK 3D will not need to obtain licenses from any third party or pay royalties to any third party for its use of User Content; (iii) User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) User Content complies with these Terms of Use and all applicable laws and regulations.

TRICK 3D takes no responsibility and assumes no liability for any User Content.

8. Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED "AS IS”. TRICK 3D MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRICK 3D DOES NOT GUARANTEE THAT THE SITE, SERVICES, OR FLOORPLAN REVOLUTION TECHNOLOGY WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

If you are dissatisfied with the Site or the Services in any way, your sole and exclusive remedy is to discontinue accessing and using the same.

9. Limitation of Liability

IN NO EVENT SHALL TRICK 3D, ITS OWNERS, EMPLOYEES, CONSULTANTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF TRICK 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

N NO EVENT SHALL TRICK 3D’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE, THE SERVICES, AND THESE TERMS OF USE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless TRICK 3D from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from (i) your breach of these Terms of Use, (ii) your use of the Site or the Services, and (iii) any allegation that User Content violates any law or infringes and third party right, including any intellectual property or privacy right.

11. Copyright Infringement Notification

TRICK 3D’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Please visit http://www.copyright.gov/onlinesp/ for details. If you believe in good faith that your copyright has been infringed by the Site or Services, you (or your agent) should send us a notice that complies with the DMCA. Such notice must contain the following: (i) your name, address, telephone number, email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the Services that you claim is infringing is located (for example, the URL), including clear screenshots of such Content (this is for identification purposes only, not to “prove” your claims); (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

TRICK 3D
2020 Howell Mill Road
Suite C-150
Atlanta, Georgia 30318

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

12. Electronic Communications

When you visit the Site, use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

13. Links

Our Site, Services, and communications may contain links to other websites and social media platforms such as Facebook, Instagram, and Twitter (“ Linked Sites ”). These Terms of Use only apply to this Site and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

14. International Use

This Site is controlled, operated, and administered by TRICK 3D from offices within the United States of America. We make no representation regarding use of the Site or the Services outside of the United States.

14. Governing Law/Jurisdiction/Claim Limitation

These Terms of Use are governed by the laws of the State of Georgia. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use, the Site, or the Services. Any action or suit related to these Terms of Use, the Site, or the Services must be brought in the state or federal courts sitting in Atlanta, Georgia, provided however, that TRICK 3D may seek equitable relief in any jurisdiction. Any cause of action brought against TRICK 3D must be commenced within one (1) year after the claim or cause of action arose. In any action or proceeding arising under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

15. Violation of these Terms of Use and Remedies

TRICK 3D may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and/or the Services if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable harm to TRICK 3D, and therefore you agree that TRICK 3D shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.

16. General Provisions

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. TRICK 3D’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by TRICK 3D hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy and any other applicable terms included within the Site and/or the Services, as each is currently posted, constitute the entire agreement between TRICK 3D and you with respect to your use of the Site and the Services and supersede all previous written or oral agreements relating to the subject matter hereof.

17. Contact Us.

If you have any questions or concerns about the Site, the Services, or these Terms of Use please contact us at info@floorplan-revolution.com .

Last Updated

Terms of Use last updated on March 7th, 2016

Copyright © TRICK 3D, LLC. All rights reserved.


Copyright 2016 TRICK 3D, LLC. All rights reserved.