Terms and Conditions of Website
Welcome to www.mendomarbletile.com (the “Site”). The Site is made of various web pages operated by Mendo Marble Tile. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms (this “Agreement”). Please read these terms carefully and feel free to keep a copy of them for your reference if desired.
No Engagement for Services
The materials on this Site are made available to you for informational purposes about our business and services. The transmission and receipt of information contained on the Site do not form or constitute an engagement by you of our services or the purchase of any goods. Any engagement for the provision of services to you or the purchase of goods and products by you is and will be governed by a separate written agreement between us and you.
Visiting the Site or sending emails or a request for a quote to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites / Third Party Services
The Site contains links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site or any goods or products sold on the Linked Sites, or any changes or updates to a Linked Site. Similarly, the Linked Sites and their operators are not responsible for any services or work we may provide to you or for any of our actions or activities.
Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
All content included as part of the Site is our property or those of our suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission or the copyright owner.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or its suppliers may make improvements and/or changes in the site at any time.
WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / Access Restriction
We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Site. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
We reserve the right, in our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
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