1. INCORPORATED POLICIES OR TERMS
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.
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.
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.
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.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
15. ENTIRE AGREEMENT