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Terms Of Use ...
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Ed Pawlack Tile
Welcome to the Ed Pawlack Tile web site (the "Ed Pawlack Site" or the "Site"). The Ed Pawlack Tile Site includes edpawlacktile.com, any successor pages thereto, and other Web sites owned or operated by Ed Pawlack Tile, a division of Ed Pawlack Tile, Inc. ("Ed Pawlack" or "we", "us" or "our"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE ED PAWLACK SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.
Agreement to Terms
By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time (the "Guidelines"), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes.
Services:
The Ed Pawlack Tile website services are made available for your personal, non-commercial use only. You may not use the services to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror any page to your web site without prior written permission. Please contact us for more information.
Ownership
This Site is owned and operated by Ed Pawlack Tile. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of Ed Pawlack Tile and its affiliates, or other applicable copyright holders, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Ed Pawlack Tile or its affiliates and/or third-party licensors.
Links
This Site includes links to other Internet sites solely as a convenience to users. Ed Pawlack Tile does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Ed Pawlack Tile makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
Disclaimer of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ED PAWLACK TILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ED PAWLACK TILE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ED PAWLACK TILE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ED PAWLACK TILE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ED PAWLACK TILE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH ED PAWLACK TILE, EVEN IF ED PAWLACK TILE OR A ED PAWLACK TILE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ED PAWLACK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Miscellaneous
The failure of Ed Pawlack to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web Site shall be filed only in the state or federal courts in and for Orange County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by Ed Pawlack Tile without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by Ed Pawlack Tile as set forth above.
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