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1. INCORPORATED POLICIES OR TERMS
1.2 Terms of Sale: All orders placed via the Site are governed by Backsplash Tile USA's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Backsplash Tile USA's sole discretion so you should review the Terms of Sale each time you make a purchase.
2. “Material” means works whether written, graphical, photographical, visual, audio, and any subject matter owned by Backsplash Tile USA that appears or has been implemented in the News Section on the Backsplash Tile USA website.
3. As is the case with all material on the Backsplash Tile USA website, material located in the Backsplash Tile USA News Section is protected by copyright.
4. Permission (“Permission”) to use Backsplash Tile USA’s News material is granted conditionally as set out in the News Conditions of Use.
5. Nothing in the granting of this Permission constitutes an irrevocable privilege or right on the part of the user.
6. Backsplash Tile USA reserves the right to revoke permission to use any of its copyrighted materials in the event that Backsplash Tile USA determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the conditions of use.
7. The user of the copyrighted material upon notice from Backsplash Tile USA shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay.
1.4 Copyright & Disclaimer: The information in these Web pages is intended for U.S. businesses or their customers only and is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. In no event shall Backsplash Tile USA be liable to any person for any special, indirect or consequential damages relating to this or use of these materials.
Any issues involving this site shall be governed by the laws of the state of Georgia and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in Georgia.
Product categories and classifications such as Granite, Marble, Travertine, Limestone, Quartzite, etc. are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. For example, many stones are commonly known as granites, but geologically, they are actually Charnockites, Polimitic Mataconglomerates, and any of other various different geological stones. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on Backsplash Tile USA's website reflect the industry classification of products and do not necessarily reflect the geological composition. Backsplash Tile USA makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on our website, should not necessarily be used for customs classification. If the geological composition is important, we suggest getting the product tested by a scientific laboratory.
All prices shown are Wholesale Price or special negotiated prices with each customer and does not include destination and handling charges. Price excludes license, registration, taxes and options. Prices are subject to change. Actual prices may vary and are determined by Backsplash Tile USA. Check with your Backsplash Tile USA sales person for complete accuracy of information, availability and delivery charges.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Backsplash Tile USA logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are the property of Backsplash Tile USA, ALL RIGHTS RESERVED Copyright © 2007 Backsplash Tile USA and/or its licensors. Except as stated herein, none of the 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 written permission of Backsplash Tile USA or the respective copyright owner.
3. CUSTOMER ACCOUNT OBLIGATIONS
Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.
You will receive a password and account designation when you have completed the Account information. If you are the Administrator of your Account, in consideration of your use of the Site, you agree:
(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;
(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for Backsplash Tile USA products and services on behalf of you or your company;
(c) that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
(d) that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you;
(f) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
(g) that you are fully responsible for managing your Account, including but not limited to:
(i) maintaining the confidentiality of passwords and/or any Account information;
(ii) maintaining and promptly updating the Account information to keep it true, accurate, current and complete;
(iii) ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and
(iv) terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.
4. OWNERSHIP OF TECHNOLOGY
Backsplash Tile USA has an automated shipment software that provides buyers with "real-time" on-line quotes for various methods of shipments on all transportation costs from various distribution centers to chosen destinations (the "Technology"). You acknowledge that Backsplash Tile USA owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping in the building industry. All content included on this Site is the property of Backsplash Tile USA, and/or its various third party providers and distributors and is protected under the intellectual property laws of the United States and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Backsplash Tile USA and/or its third party providers and distributors.
5. TRADEMARKS AND SERVICE MARKS
Backsplash Tile USA, the Backsplash Tile USA logo, and the products and services described in this Site, including without limitation, "Backsplash Tile USA", are either trademarks, service marks or registered trademarks of Backsplash Tile USA and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Backsplash Tile USA or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Backsplash Tile USA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Backsplash Tile USA. All other trademarks, registered trademarks, product names and Backsplash Tile USA names or logos mentioned herein are the property of their respective owners.
6. USE OF SITE
Backsplash Tile USA grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Backsplash Tile USA or any third party.
This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Backsplash Tile USA, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Backsplash Tile USA or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any Backsplash Tile USA trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Backsplash Tile USA's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Backsplash Tile USA name, trademark, or product name without Backsplash Tile USA's express written consent.
7. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. Backsplash Tile USA reserves the right, in its sole discretion, to not accept an order.
9. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY Backsplash Tile USA TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. Backsplash Tile USA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Backsplash Tile USA SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.
Backsplash Tile USA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. LIMITATION OF LIABILITY
YOU AGREE THAT Backsplash Tile USA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Backsplash Tile USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Backsplash Tile USA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED US $100.00 OR THE COMPENSATION YOU PAID Backsplash Tile USA, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Backsplash Tile USA of the linked web site or information contained therein. Backsplash Tile USA shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
The relationship between Backsplash Tile USA and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
14. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of Georgia,United States without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the State of Georgia,United States, in all disputes arising out of or relating to the use of this Site and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. ENTIRE AGREEMENT