Terms of Use

www.forms-surfaces.com

Effective date: April 15th, 2024

1. Introduction

Welcome to the Forms & Surfaces Inc. website, available at www.forms-surfaces.com. These Terms of Use govern your access to and use of our website and services, which include the design, customization, and sale of architectural materials, elevator interiors, outdoor site furniture, and lighting products.

By accessing or using our services, you agree to be bound by these terms and all terms incorporated by reference. If you do not agree to all of these terms, do not use our services.

2. Definitions

• "Company," "we," "us," or "our" refers to Forms & Surfaces Inc.
• "Services" refers to all the products, services, content, features, technologies, or functions offered by us and all related sites, applications, and services.
• "User," "you," "your" refers to the website visitor, customer, or user of the Services.
• "Products" includes all items available for customization and purchase through the Services.
• "Content" encompasses all visual, textual, or auditory data and information available through the Services, including articles, images, designs, videos, photographs, messages, graphics, and music.

3. Scope of Services

Forms & Surfaces Inc. provides an extensive array of architectural and design services tailored to meet the needs of various sectors. Our Services allow you to:

• Browse and review our range of products.
• Access and download supporting materials such as PDFs, 3D files, and installation instructions.
• Customize designs through the website interface, subject to confirmation and finalization of orders through direct communication with our territory sales managers.

4. User Eligibility and Registration

To access certain features of our Services, you may need to register for an account. By creating an account, you agree to:

• Provide accurate, current, and complete information about yourself.
• Maintain and promptly update your account information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Immediately notify us if you discover or otherwise suspect any security breaches related to our Services.

5. Intellectual Property Rights

All materials provided on the Forms & Surfaces Inc. website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services, are owned either by Forms & Surfaces Inc. or by our respective third party authors, developers, or vendors ("Third Party Providers"). Except as stated herein, none of these materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Forms & Surfaces Inc. or the Third Party Provider. Furthermore, you may not "mirror" any material contained on this Site on any other server without Forms & Surfaces Inc.' prior express written permission.

6. Use of Site and Services

You are permitted to use the Site and the Services for lawful purposes as intended under these Terms of Use. Specific prohibited activities include, but are not limited to:

1. Commercial exploitation of any Services without the express prior written consent of Forms & Surfaces Inc.
2. Collection and utilization of any product listings, descriptions, or pricing details.
3. Derivative usage of the Site or its content.
4. Downloading or copying of account information to assist another merchant.
5. Any deployment of data mining, robots, or comparable data gathering and extraction tools.
6. Attempting to decompile, disassemble, or reverse engineer any software contained on the Forms & Surfaces Inc. website.

7. Custom Orders and Design Services

Forms & Surfaces Inc. offers customized design services that allow you to tailor specific products to meet your unique requirements. The process for custom orders is as follows:

• Submission of a design request through our website.
• Initial review by our design team to assess feasibility and provide a preliminary quote.
• Collaboration with a territory sales manager to finalize design specifics and confirm the order.
• Upon agreement, a detailed contract outlining the specific terms, conditions, and obligations related to the custom order will be provided.

11. Order Acceptance and Payment Terms

Forms & Surfaces Inc. reserves the right to accept or decline any inquiries or pre-orders received through our website. We may refuse or cancel any pre-order, regardless of confirmation, for various reasons, including but not limited to discrepancies in product availability, inaccuracies in product descriptions or prices, or errors in your details. If we need to cancel a pre-order or require additional information to process it, we will contact you. By submitting an inquiry or pre-order, you commit to providing accurate, complete, and up-to-date information and agree to promptly update this information as necessary to facilitate communication and eventual transaction completion through the appropriate channels.

12. Shipping and Delivery

We are committed to assisting with the coordination of shipping and delivery for orders managed through authorized dealers. We provide estimated delivery times during the pre-order process; however, actual delivery may vary due to factors outside our control. We are not liable for delays caused by natural disasters, carrier issues, or other unforeseen circumstances. Should significant delays occur, we will make every effort to notify you.

13. Cancellations, Returns, and Refunds

For pre-orders made through our website, cancellations may be made within a specified timeframe before shipping for a full refund, managed through our authorized dealers. Once the product has been shipped, it becomes eligible for return only according to the Returns Policy as stated on our website. This policy details the conditions under which a product can be returned and the process for obtaining a refund or exchange through our dealers. Forms & Surfaces Inc. reserves the right to limit or deny returns or exchanges that do not comply with our policy.

14. Privacy and Data Protection

Our Privacy Policy outlines our practices concerning the handling of your personal data. By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy, which covers the collection, use, and sharing of your personal information, among other topics. We are committed to protecting the privacy and security of our users' information.

15. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track the activity on our services and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. By using our Services, you consent to the use of cookies and similar technologies for purposes outlined in our Cookie Policy. You have the option to refuse all cookies or indicate when a cookie is being sent, however, if you do not accept cookies, you may not be able to use some portions of our Services.

16. Third-Party Links and Content

Our website may contain links to third-party websites or services that are not owned or controlled by Forms & Surfaces Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Forms & Surfaces Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

17. Prohibited Activities

In using our Services, you must refrain from:

• Engaging in any activity that would disrupt, interfere with, or adversely affect the normal flow of operations on our website or the use of our Services by other users.
• Attempting to gain unauthorized access to the Services, other users' accounts, or systems and networks connected to the Services through hacking, password mining, or any other means.
• Using the Services for illegal or unauthorized purposes, including the infringement of intellectual property rights or privacy rights of others.
• Posting or transmitting content that is illegal, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, or racially, culturally, or ethnically objectionable.

18. Warranties and Disclaimers

Forms & Surfaces Inc. provides its website and services on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by you from Forms & Surfaces Inc. shall create any warranty not expressly stated in these terms. Furthermore, we do not warrant that the product descriptions, colors, information, or other content available on the site are accurate, complete, reliable, current, or error-free.

Important Note: This disclaimer does not affect any standard warranties offered on physical products purchased from Forms & Surfaces Inc. Product warranties are provided separately.

19. Limitation of Liability

To the maximum extent permitted by law, Forms & Surfaces Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorized access, use, or alteration of your transmissions or content.

20. Indemnification

You agree to indemnify, defend, and hold harmless Forms & Surfaces Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms of Use. This indemnification obligation will survive the termination of these Terms of Use and your use of the Services.

21. Dispute Resolution

Any disputes arising out of or relating to these Terms of Use or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state where the company is headquartered, unless otherwise agreed upon by all parties involved. By using the Services, you agree to be bound by this arbitration clause and to waive the right to class actions or claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

22. Amendments and Updates

Forms & Surfaces Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these terms of service. It is your responsibility to periodically review these Terms of Use for any updates or changes.

23. Termination of Services

Forms & Surfaces Inc. may terminate or suspend your access to all or part of the Services at any time and for any reason, including, but not limited to, violation of these Terms of Use. Upon termination, all rights granted to you under these Terms of Use will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services.

24. Governing Law

These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of Pennsylvania, USA, in which Forms & Surfaces Inc. is headquartered, without giving effect to any principles of conflicts of law. By using the Services, you agree that any legal action or proceeding between you and Forms & Surfaces Inc. related to these Terms of Use will be brought exclusively in a federal or state court of Pennsylvania where Forms & Surfaces Inc. is headquartered.

25. Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This does not affect any non-waivable statutory rights that apply to you.

26. Accessibility Statement

Forms & Surfaces Inc. is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards to ensure we provide equal access to all users. If you have difficulty using or accessing any element of this website or on any Forms & Surfaces Inc. mobile app or tool, please feel free to call or email us. We will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support).

27. Feedback and Contact Information

Forms & Surfaces Inc. welcomes your feedback and suggestions about how to improve our Services. Feedback is considered non-confidential and non-proprietary. Please provide specific details regarding your feedback or suggestions, along with any relevant documentation. If you need to contact us for any reason, including any question regarding the use of our Services, these Terms of Use, or otherwise, please reach out via the contact details provided on our website.

28. Entire Agreement

These Terms of Use, together with any amendments and any additional agreements you may enter into with Forms & Surfaces Inc. in connection with our Services, shall constitute the entire agreement between you and Forms & Surfaces Inc. concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.