Welcome to FBR Marble, Inc. web site (the “Site”). BEFORE USING THIS SITE, YOU MUST READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF USE AGREEMENT. BY USING THIS SITE, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT OR DO NOT AGREE WITH ANY PART OF THIS TERMS OF USE, YOU SHOULD NOT USE THIS SITE.
FBR Marble, Inc. reserves the right to modify or entirely change the terms and conditions contained in the Terms of Use without notice, at any time and at it’s sole discretion. Any changes or modifications will be effective upon posting to the Site. Your continued use of this Site after changes or modifications have been posted, will constitute your acceptance of such changes or modifications. FBR Marble, Inc. advises you to frequently review the Terms of Use and applicable policies from time to time.
This Terms of Use Agreement does not alter or substitute any other agreement you may have with FBR Marble, Inc. for other products or services.
Any questions or comments about this Terms of Use Agreement or the contents of the Site should be directed to info@fbrmarble.com.
1. INCORPORATED POLICIES OR TERMS
1.1 Privacy Policy. FBR Marble, Inc. believes strongly in protecting user privacy and providing you with notice of FBR Marble, Inc. collection and use data, including personal information, collected from the Site. Therefore, FBR Marble, Inc. has adopted a Privacy Policy that you should refer to fully understand how FBR Marble, Inc. uses and collects information.
1.2 Terms of Sale. All orders placed via the Site are governed by FBR Marble, Inc. Terms of Sale. You should refer to the Terms of Sale to learn more about applicable return policies 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 at FBR Marble, Inc. sole discretion, so you should review the Terms of Sale each time you make a purchase.
2. COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation, the FBR Marble, Inc. logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of FBR Marble, Inc., ALL RIGHTS RESERVED Copyright © 2016 FBR Marble, Inc. 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 FBR Marble, Inc. or the respective copyright owner.
3. TRADEMARKS AND SERVICE MARKS
FBR Marble, Inc., the FBR Marble, Inc. logo and the products and services described in this Site, including without limitation, “FBR Marble, Inc.”, are either trademarks, service marks or registered trademarks of FBR Marble, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of FBR Marble, Inc. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks of FBR Marble, Inc. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FBR Marble, Inc. All other trademarks, registered trademarks, product names and FBR Marble, Inc. names or logos mentioned herein are the property of FBR Marble, Inc.
4. USE OF SITE
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 FBR Marble, Inc. 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 FBR Marble, Inc. 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 FBR Marble, Inc. trademark, logo or other proprietary information (including the images found at this Site, software, the content of any text or the layout/design of any page or form contained on a page) without FBR Marble, Inc’s express written consent. Further, you may not use any meta tags, keywords or any other “hidden text” utilizing the FBR Marble, Inc. name, trademark, or product name without FBR Marble, Inc’s express written consent.
5. 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 information.
6. TERMINATION
You agree that FBR Marble, Inc., in its sole discretion, may terminate your use of this Site or restrict your access to any component of this Site, for any reason, including without limitation, or if FBR Marble, Inc. believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. FBR Marble, Inc. may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice. Further, you agree that FBR Marble, Inc. shall not be liable to you or any third party for any termination or restriction of access to the Site.
7. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY FBR MARBLE, INC. TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. FBR MARBLE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE FBR MARBLE, INC. SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.
FBR MARBLE, INC. 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.
8. LIMITATION OF LIABILITY
YOU AGREE THAT FBR MARBLE, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THIS 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 FBR MARBLE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FBR MARBLE, INC. (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 $100.00 USD OR THE COMPENSATION YOU PAID FBR MARBLE, INC., 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.
9. INDEMNIFICATION
You shall indemnify, defend and hold harmless FBR Marble, Inc. and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users’ use of this Site, including but not limited to any violation by you or any Authorized User of the Terms of Use. FBR Marble, Inc. reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
10. RELATIONSHIP
The relationship between FBR Marble, Inc. 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.
11. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of California without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in Long Beach, in the State of California, United States of America, in all disputes arising out of or relating to the use of this Site and this Agreement.
12. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
13. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. HEADINGS
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
15. ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.