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Terms of Use

ARIZONA TILE TERMS & CONDITIONS OF USE
Updated October 21, 2024

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Arizona Tile, LLC (“Arizona Tile”, “we”, “our”, or “us”) and govern your use of our website, www.arizonatile.com (the “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THIS WEBSITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING ARIZONA TILE’S LIABILITY AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTION 9.

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Website following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Website (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

By using the Website, you acknowledge and agree to all terms and conditions contained in these Terms and you consent to the collection, use, and sharing of your information as described in our Privacy Policy, which is incorporated into these Terms. If you do not agree to these Terms, please do not use the Website.

  1. Use of the Website

Content. The Website may contain materials and other items relating to Arizona Tile and its services including data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Website (collectively “Content”). All rights, title, and interest in and to the Website and the Content is the property of Arizona Tile, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Limited License. Subject to your strict compliance with these Terms, Arizona Tile grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Website, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Website or any Content; and (ii) may be immediately suspended or terminated for any reason, in Arizona Tile’s sole discretion, and without advance notice or liability. Your unauthorized use of the Website or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions. If you access, register an account, or otherwise use the Website, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Website, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf. The Website is not intended for children under the age of 13 and we do not knowingly collect personal information online from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such information in accordance with applicable law.

Prohibited Uses. Arizona Tile imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with our service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (iv) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Arizona Tile in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with these Terms. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to the Website.

Requests and Notifications. You agree to cooperate with all reasonable requests from Arizona Tile and to notify Arizona Tile promptly upon learning of any actual or suspected unauthorized use or abuse of the Website or Content, or if you breach these Terms.

Reservation of All Rights. All rights not expressly granted to you are reserved by Arizona Tile and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Website or Content for any purpose is prohibited.

  1. Access to the Website

Certain features and functionality of the Website may require the creation of an account by entering your name and email address, selecting a valid password, and providing other required registration information (“Account”). If you create an Account on the Website, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. You will not sell, transfer, or assign your account or any Account rights. You will immediately notify us at the email provided in the “Contact Information” section below if you suspect any unauthorized use of your Account or any other breach of security.

Your use of the Website must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Arizona Tile in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Website or to receive any communications from Arizona Tile.

The Website may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Arizona Tile, access to the Website may be interrupted or suspended from time to time. Arizona Tile shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, availability, and equipment needed for access or use.

Arizona Tile may immediately suspend or terminate the availability of the Website, in whole or in part, to any individual user or all users, for any reason, in Arizona Tile’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Website, or upon notice from Arizona Tile, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Website.

  1. Payment Transactions on the Site

Arizona Tile may permit you to make a payment of your invoice or order on our Site. If you provide a credit card or debit card to us, we will charge any fees associated with your invoice or order with such credit card or debit card, in accordance with these Terms. Receipts for payments will be emailed to the email address provided on your invoice or order. You represent and warrant that (i) the credit card or debit card information you provide to Arizona Tile and/or our Payment Processor (as defined below) is true, correct, and complete; and (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Arizona Tile if the payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify information provided. If your payment card details change are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).

All credit card, debit card, and other payment card transaction on the Site occur through an online payment processing application that is provided by a third-party payment processor(s) (“Payment Processor). By agreeing to the Terms or making payments on the Site, you agree to be bound by the Payment Processor’s agreements (which may be modified by the Payment Processor from time to time). If our Payment Processor is unable to secure funds from your payment method for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Arizona Tile may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your Account.

You agree to waive all claims against Arizona Tile, its affiliates, and our Payment Processor, related to any unauthorized payments made on your payment card outside of Arizona Tile’s control, regardless of whether such payments are authorized or unauthorized.

  1. Arizona Tile’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets

Unless otherwise noted, the design of the Website, the Website as a whole, all the Content, and the logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Arizona Tile are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Arizona Tile (our licensors, subsidiaries, or affiliates) (“Arizona Tile Marks”). Arizona Tile grants you a personal, non-transferable, non-commercial and non-exclusive right and license to use the Arizona Tile Marks. Without Arizona Tile’s prior permission, you agree not to display or use the Arizona Tile Marks in any manner. Arizona Tile reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the Website, its software and Services and you shall not infringe upon or violate such rights.

  1. Reliance on Website Content and Content Accuracy

Although Arizona Tile attempts to provide you with accurate information, the Website is intended to be for informational purposes only. Product and other information, including pricing, availability, and other information made available on the Website are subject to change at any time without notice to you and may not be accurate, complete, current or reliable.

Arizona Tile assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Website. Any reliance you place on such information is strictly at your own risk. Arizona Tile disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions, other than the Content provided by Arizona Tile, are solely the opinions and the responsibility of the person or entity providing those materials.

Arizona Tile will use reasonable efforts to include accurate and current information on the Website, but there may be occasions when information on the Website contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, availability, and other matters. Arizona Tile reserves the right to correct any errors and to update Website information at any time.

  1. Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, ITS CONTENT, ITS LINKS AND COMMUNICATIONS, PRODUCTS, SERVICES, ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ARIZONA TILE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitations on Liability and Remedies

ARIZONA TILE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ARIZONA TILE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. ARIZONA TILE, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ARIZONA TILE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARIZONA TILE’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ARIZONA TILE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF ARIZONA TILE WILL BE LIMITED TO ANY AMOUNT PAID TO ARIZONA TILE BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

  1. Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ARIZONA TILE.

 
  1. Dispute Resolution; Class Action Waiver; Jury Trial Waiver
  • Applicability. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ARIZONA TILE (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITE.
  • DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and Arizona Tile we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Arizona Tile each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Arizona Tile, LLC, 8829 S. Priest Drive, Tempe, AZ 85284, Attention: Privacy Team, or (2) emailed at [email protected]. You and Arizona Tile agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Arizona Tile may commence a lawsuit.
  • NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
  • ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.
  • WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.
  • Forum Selection and Venue. You consent to the exclusive jurisdiction of the federal and state courts located in Maricopa County, Arizona, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
  1. Indemnification

You agree to defend, indemnify, and hold harmless Arizona Tile from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Website; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Arizona Tile reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Arizona Tile’s defense of any claim. You will not in any event settle any claim without the prior written consent of Arizona Tile.

  1. Third-Party Websites and Other Information

The Website may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Arizona Tile has no control or responsibility. Arizona Tile has no obligation to monitor, control, or restrict the use of the Website, or third-party websites or services accessible via links available as part of the Website. These other websites or services are not under Arizona Tile’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with Arizona Tile, Arizona Tile is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by Arizona Tile or any association with its operators. When you interact with YouTube on the Website, you agree to be bound by the YouTube Terms of Service.

  1. Electronic Communications

We may communicate with you electronically in regard to the Website, including by email, and we may collect information related to communications between you and Arizona Tile. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Website, your action is intended as an electronic signature which binds you as if you had signed on paper.

  1. General Provisions

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Website and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Website. The Terms do not alter any separate terms and conditions of any other written or online agreement between you and Arizona Tile. Except as expressly set forth in these Terms, (i) no failure or delay by Arizona Tile in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Arizona Tile.

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Arizona Tile may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Arizona Tile.

Force Majeure. We shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, pandemics, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.

Records. Except to the extent required by applicable law and as set forth in the Privacy Policy, Arizona Tile has no obligation to store, maintain or provide to you any information that you provide to Arizona Tile.

Investigations; Cooperation with Law Enforcement. Arizona Tile reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Arizona Tile may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Governing Law. These Terms, your rights and the rights of Arizona Tile within these Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Arizona and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).

  1. Contact Information

If you have any questions, concerns or comments about the Website or this Terms of Use regarding these Terms or the Website, you may contact us by email at [email protected] or you can write to us at Arizona Tile, LLC, 8829 S. Priest Drive, Tempe, AZ 85284, Attention: Privacy Team.