| TILETOOLS.US WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY
CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE SERVICES
AVAILABLE.
These terms
and conditions of use apply to and govern your use of TILETOOLS.US
Web site as a passive visitor, as well as the services that TILETOOLS.US
provides to participants who purchase products ("Users") (such
services to be referred to herein as "Services"). For purposes
of these terms and conditions of use, the words "you" and "your" shall
refer to any visitor to the Site, as well as any Member, as defined above.
Your use of the Site or the Services signifies your agreement to be bound
by these terms and conditions. If you do not agree to be bound by these
terms and conditions of use, you may not access or otherwise use the
Site or receive the Services.
License to Use the Site
TILETOOLS.US grants you a non-exclusive, non-transferable, limited
right to access, use and display the Site and the materials thereon
for your personal use only, provided that you comply fully with these
terms and conditions of use. You shall not interfere or attempt to
interfere with the operation of the Site in any way through any means
or device including, but not limited to, spamming, hacking, uploading
computer viruses or time bombs, or the means expressly prohibited by
any provision of these terms and conditions of use. Except as expressly
provided herein or otherwise allowed by TILETOOLS.US, you may not
use the Site or the Services for any commercial purpose concurrent
to TILETOOLS.US.
Changes to Terms and Conditions of Use
TILETOOLS.US reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these terms and conditions of
use, in whole or in part, or to incorporate service fees for Members,
at any time. Changes in these terms and conditions of use will be effective
when posted. You agree to review these terms and conditions of use
periodically to be aware of any changes. Your continued use of the
Site after any changes to these terms and conditions of use are posted
will be considered acceptance of those changes.
Ownership; Restrictions
TILETOOLS.US owns, controls, licenses or has the right to use and
provide the Site and all material on the Site, including without limitation
text, images, articles, photographs, illustrations, audio and video
clips, (collectively the "Content"). The Site is protected
by copyright as a collective work and/or compilation, pursuant to copyright
laws and international conventions. TILETOOLS.US, and/or its third
party providers, are the owners of the copyright in the entire Site.
TILETOOLS.US owns a copyright in the selection, coordination, arrangement
and enhancement of the Site. You agree to abide by any and all copyright
notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the
transfer or sale of, post on the World Wide Web, mirror, or in any way
exploit the Site or any portion thereof for any public or commercial
use, other than as expressly provided by these terms and conditions of
use, without the express written permission of TILETOOLS.US. You
may download copies of Content from the Site for your personal use, provided
that you maintain all copyright, attribution and other notices contained
in or on such Content, including without limitation trademarks and service
marks of TILETOOLS.US and its affiliates or the copyright holder
identified in the individual Content's copyright notice. No other permission
is granted to you to print, copy, reproduce, distribute, transmit, upload,
download, store, display in public, alter, or modify the content contained
on this Site. You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material. You are responsible for complying
with all applicable laws, rules and regulations regarding your use of
any such downloaded Content. In the event of any permitted copying, redistribution
or publication of material from the Site, no changes in or deletion of
author attribution, trademark, legend or copyright notice shall be made.
This Site also contains trademarks of TILETOOLS.US protected under
United States and International Trademarks laws. Use of such marks without
TILETOOLS.US 's written permission is strictly prohibited.
Change to Site or Content
TILETOOLS.US shall have the right for any reason, in its sole discretion,
to terminate, change, suspend or discontinue any aspect of the Site
or Services, including but not limited to Content, features, or hours
of availability. TILETOOLS.US may also impose limits on certain
features and Services or restrict your access to parts or all of the
Site without notice or liability.
Services
Upon a purchase checkout on the Site, TILETOOLS.US will create
an unique online account for the User containing information provided
by the User. It is the sole responsibility of the user to provide valid
and accurate information for credit card processing of purchases. TileTools.us
will provide secure checkout processing along with secure credit card
processing through LandMark Solutions. Security through Point-to-Point
transmission is provided only from TileTools.us checkout to LandMark
Solution(secure credit card processing) and back to TileTools receipt
or finalize pages. Any other pages on this site will not be in a secure
environment. TileTools.us will take no responsibility for information
transmission that is not through these processes. TileTools.us will
provide free of charge a copy of any authorized purchase receipt upon
request with a valid account information including order number, credit
card transaction id, valid email account.
Order Shipping
All orders will be shipped exclusively though FedEx®. Shipping
schedules will be based off the shipping method the user selects at the
time of checkout. FedEx® shipping guarantees will only apply to order
from the time they are actually shipped from Nattco. We (TileTools.us and
Nattco) reserve the right to ship orders only when all items of an order
are in stock.
Return Policy
In the event of a manufacturers defect, or the product is simply
not what you like, you can return the item(s) in its original condition
for a refund for each individual item (Refunds will not include the cost
of
shipping
and
there
is a 20% restocking fee for each returned item). Customers returning items
are solely responsible for shipping it back to
Nattco.
Once a return
is
made
the
purchase
price
of each
item will be credited back to your credit card minus the original shipping
and restocking fee. TileTools.us and Nattco will never refund the purchase
price in check, cash, or money
order.
All returns must go through this website. If you have an item(s) that
you would like to return you should contact us at TileTools.us at 1-859-525-8891
or email us at sethwentz@nattco.com.
We will arange the return for you.
All orders placed before 2:00 PM Eastern will be shipped immediately.
Orders placed after 2:00 PM Eastern may be shipped the following day.
Weekend orders placed after 2:00PM Friday will be processed and shipped
on Monday.
All shipping guarantees only apply to the date and time of
actual shipping.
In the rare instance that an item is not in stock the order(s)
will be shipped when all items or products are in stock and available.
If one or more of the items in an order is out-of-stock you could expect
a one day to one week delay in shipping.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant
to TILETOOLS.US that you:
- Will only use this Site and Services for lawful purposes in accordance
with these terms and conditions of use.
- Agree and consent to our Privacy Policy.
- Agree not to infringe the proprietary rights, intellectual property
rights, rights of publicity or privacy rights of TILETOOLS.US or third
parties in connection with your use of the Site.
- Agree to provide us with accurate information, and to update such
information in the event that it becomes outdated or inaccurate, as
necessary for provision of the Services to Members through our Site,
and to take responsibility for
the information you provide.
- Will be responsible for creating and maintaining the confidentiality
of your user name and password, and for all activity occurring under
your password and Member Account.
- Will not intentionally or unintentionally violate any applicable
local, state, national or international law, including but not limited
to any regulations having the force of law, while using or accessing
the Site or the Services.
- Will not harvest, gather or otherwise collect contact information
of other users of the Site or Services, for any purpose including,
without limitation, transmitting any unsolicited advertising, junk
mail, spam, or chain letters.
- Will refrain from using unlawful, tortuous, profane, vulgar, harassing,
abusive, threatening, inflammatory, libelous, defamatory, fraudulent
or similarly harmful or discourteous language in any e-mail or form
entry created through this Site.
- Will not scroll faster than others in chat rooms in a way that affects
others' right of enjoyment of the Site and
- Will not access or attempt to access unauthorized areas of the Site,
tamper with other users' postings, or unreasonably load or burden the
Site's servers.
Members who violate these terms and conditions of use, at TILETOOLS.US
's sole discretion, may have their Member Rights suspended or terminated,
and may be prohibited from receiving Services thereafter.
Indemnification
You shall indemnify, defend and hold harmless TILETOOLS.US, and all
its officers, directors, owners, agents, employees, content providers,
partners, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all losses, damages, liabilities,
and claims and all fees, costs, expenses, of any kind related thereto
(including, without limitation, reasonable attorneys' fees) incurred
by the Indemnified Parties in connection with any claim arising out
of, based upon or resulting from your use of the Site or receipt or
use of the Services. TILETOOLS.US reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of TILETOOLS.US.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS
PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TILETOOLS.US NOR ITS
CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS,
FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS,
SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY
PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED SITE. TILETOOLS.US AND
ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL
NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TILETOOLS.US'S NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON
THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL TILETOOLS.US, ITS SUBSIDIARIES, PARTNERS,
AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE
USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS,
SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS
OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF TILETOOLS.US,
ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS
OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE,
$100.00.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site or Services for any commercial or private
purpose.
General Provisions
If for any reason a court of competent jurisdiction finds any provision
of these terms and conditions of use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of these terms and conditions of use, and
the remainder of these terms and conditions of use shall continue in
full force and effect. These terms and conditions of use constitute
the entire agreement between you and TILETOOLS.US with respect
to the subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such subject matter.
No waiver by either you or TILETOOLS.US of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import. |
