Arbitration Agreement –
Being aware of the high cost of legal disputes, not only in dollars but in time and energy, both The Last Inventory and you agree that any legal dispute or claim between you and The Last Inventory, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, arising out of, relating to or concerning any aspect of your customer relationship with The Last Inventory, this Site and/or this agreement, any communications between The Last Inventory and then you, or your participation in any program or service provided by the “The Last Inventory” (“Dispute”), shall be resolved through binding individual arbitration unless you are expressly permitted to resolve your legal dispute or claim outside of arbitration pursuant to this Arbitration Agreement. Dispute includes any dispute, action, claim, or other controversies between you and the “The Last Inventory”, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The dispute also includes all legal disputes or claims that arose before the existence of the Terms & Conditions (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of the Terms & Conditions. The term “Dispute” will be given the broadest possible meaning allowable under the law.
All arbitration proceedings between you and the “The Last Inventory” will be administered by the American Arbitration Association (“AAA”) and shall be governed by the applicable rules of the AAA then in effect (the “Rules”) as modified by this Arbitration Agreement. If AAA is unable or otherwise unavailable to administer an arbitration consistent with the terms of this Arbitration Agreement, then the parties shall attempt to agree on an alternative administrator. If the parties cannot reach an agreement on an alternative administrator, one shall be selected by a court, which shall administer the arbitration consistent with the terms of this Arbitration Agreement. You or The Last Inventory may commence an arbitration against the other by delivering a demand for arbitration (“Demand”) that is personally verified by you and describes in detail the nature and basis of your claim(s) and request for relief. The Demand shall be sent by first class or registered mail to 1500 S. IH-35E, Ste# 101, Lancaster, Texas 75146, Attn: Ryan Dotson. In your Demand, you shall personally certify to AAA and to The Last Inventory that you are a party to this Arbitration Agreement and provide a copy or link to it when submitting your Demand. You shall also personally certify that you have fully complied with the Informal Dispute Resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in an individualized administrative telephonic conference with AAA prior to the appointment of an arbitrator if requested by The Last Inventory.
The arbitration will be conducted before a sole neutral arbitrator selected by agreement between you and The Last Inventory, who shall be located where the arbitration shall take place. If you and The Last Inventory cannot agree on the appointment of a single arbitrator, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted at a location reasonably convenient to you.
The parties agree that the arbitrator may award relief (including declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The award of the arbitrator will be the exclusive remedy of you and The Last Inventory for all claims, counterclaims, issues, or accountings presented or pleaded to the arbitrator. The award of the arbitrator may require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. The provisions of the Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by the Terms & Conditions as any court would. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only to the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
Judgment upon the award may be entered in a state court presiding over Lancaster, Texas or, if subject matter jurisdictional requirements can be satisfied, the United States District Court for the Northern District of Texas (Ft. Worth Division), and you irrevocably submit to the jurisdiction and venue of any such courts in any action or proceeding brought to enforce a judgment. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO SUE, OR TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, INCLUDING ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT THE ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. A DISPUTE MAY NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THE ARBITRATION AGREEMENT AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF THEN NEITHER PARTY IS ENTITLED TO ARBITRATE SUCH CLAIM OR REQUEST FOR RELIEF. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (INCLUDING PUBLIC INJUNCTIVE RELIEF) AND ANY APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT, BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
Notwithstanding the foregoing waiver, either you or The Last Inventory may elect to have your individual claim heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator, assuming it is consistent with the jurisdictional and dollar limits that may apply.
If your Dispute is asserted or noticed along with 30 or more similar claims or disputes by the same or coordinated counsel or is otherwise coordinated, you understand and agree that the adjudication of your Dispute might be delayed. Specifically, you understand and agree to the following coordinated bellwether process: Counsel for the claimants and counsel for The Last Inventory shall each select 15 Demands to proceed first in arbitration in a bellwether process. The remaining Demands shall not be filed or deemed filed in arbitration and no intake shall be processed and no filing or other arbitration fees shall become due and owing for those Demands until they are selected for a bellwether process. If the parties are unable to resolve the remaining Demands after the conclusion of the initial 30 proceedings, then each side shall select another 15 Demands to proceed to arbitration for a second bellwether process. This process shall continue until all of the Demands are adjudicated or otherwise resolved. Only one case may be assigned to each arbitrator as part of this process unless the parties mutually agree otherwise. The statute of limitations shall be tolled for Demands that are coordinated as part of this process until the time the Demands are selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against The Last Inventory.
Except as specifically set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Except as specifically set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the lawsuit waiver above must be decided by a court, and an arbitrator does not have the authority to consider the validity of the such waiver. The Informal Dispute Resolution provision and this Arbitration Agreement shall survive any termination of the Terms & Conditions and your relationship with The Last Inventory.
Termination or Suspension of Use & Access –
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these terms and conditions. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the terms and conditions that were in effect as of the date of your suspension or termination.
Copyright Infringement Notice –
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted, or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Ryan Dotson, General Manager, The Last Inventory, 1500 S. IH-35E, Ste# 101, Lancaster, Texas 75146 or by email to firstname.lastname@example.org. Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the site;
(3) your contact information, including your address, telephone number, and, if available, an email address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Informal Dispute Resolution –
Either party asserting a Dispute (as defined below) shall first try to negotiate in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 60 business days from receipt in which to respond. The notice is required to include your name and contact information (including address, telephone number, and email address). It is also required to include sufficient for The Last Inventory (as defined in the next column) to identify any transaction at issue and. a detailed description of:
(1) your Dispute,
(2) the nature and basis of claim(s),
(3) the nature and basis of the relief sought.
You must personally sign the notice. During this informal process, should The Last Inventory request an individualized telephonic conference to further the parties’ efforts to resolve the Dispute, you agree to personally participate along with your counsel if you are represented.
Notice shall be made by first class or registered mail to The Last Inventory at 1500 S. IH-35E, Ste# 101, Lancaster, Texas 75146 Attn: General Manager.
Both you and The Last Inventory agree that this informal dispute resolution procedure is a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this mandatory informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, either party may elect to have this issue decided by a court and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.
The Last Inventory loves to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to forums, pop-up chat, e-mails, submissions to contests, images for Product Visualizer, or “before and after” pictures and/or commentary) to The Last Inventory (the “Submissions”), the Submissions shall be deemed and shall remain, property of The Last Inventory. The Submissions shall not be subject to any obligation of confidentiality on the part of The Last Inventory. The Last Inventory shall not be liable for any use or disclosure of the Submissions. By providing the Submissions to The Last Inventory, you agree that The Last Inventory has the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site are original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Google Maps, Maps API & Google’s Invisible Recaptcha –
This site uses the Google Maps API and Google’s Invisible ReCaptcha. By using this site, you are bound by Google’s Terms of Service.
Contacting Us –
We are here to help. Please feel free to contact us (469)336-2757 to speak with our customer service department.
The Last Inventory may make employment information available through this Site. The Last Inventory is an equal opportunity employer. The Last Inventory provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. The Last Inventory’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.
Phone Ordering, Online Ordering, & Special Orders –
The Last Inventory cannot guarantee the availability of any particular product displayed on this Site. The Last Inventory reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. We do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. The Last Inventory reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted). Delivery of flooring products is “driveway” only. If you require special shipping arrangements (upstairs, Inside, etc.), we recommend that you contact our shipping department for “the White Glove Service”. For online or phone orders, merchandise may be shipped from multiple locations for pickup. the Last Inventory therefore will charge your credit card(s) at the time of purchase a deposit equal to 100% of the purchase price, plus any taxes and delivery fees. In the event of an unexpected delay in the shipment of the merchandise, you will be notified and given an opportunity for a full refund.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of the Last Inventory and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Last Inventory enforces its intellectual property rights to the fullest extent of the law. The name of The Last Inventory, The Last Inventory logo, and the other The Last Inventory formatives may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this Site, without prior written permission from The Last Inventory. The Last Inventory prohibits the use of The Last Inventory logo as part of a link to or from any site unless the establishment of such a link and use of The Last Inventory logo is approved in advance by The Last Inventory in writing. Fair use of The Last Inventory’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the trademarks of their respective owners.
This Site and the materials within it are copyrights of The Last Inventory. Viewing this Site creates a copy of The Last Inventory materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
Use License –
The Last Inventory grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, material, software, products, or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms, and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to The Last Inventory that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and The Last Inventory relating to the sale of products or services to you through this Site, The Last Inventory will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Prohibited Conduct –
In connection with your use of this Site, you may not:
- “harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services, and promotions available on the Site,
- use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,
- “stream catch” (download, store or transmit copies of streamed content),
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,
- “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or its systems,
- circumvent or reverse engineer the Site or its systems, or
- restrict or inhibit another user or users from using and enjoying this Site. In addition, if you post something to this Site, such as comments or other content, you may not post anything that:
- infringes any third-party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person’s or entity’s confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
- contains any virus, malware, spyware, or other harmful content or code.
Internal Links to Third Party Sites –
This Site may contain links to Sites owned or operated by parties other than The Last Inventory. Such links are provided for your reference only. The Last Inventory does not control outside Sites and is not responsible for their content. The Last Inventory’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does The Last Inventory’s inclusion of the links imply that The Last Inventory is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.