Terms of Use

Effective Date: 02/21/2023

Welcome to https://www.chattanoogatilecompany.com/ (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Chattanooga Tile Company LLC (the “Company,” “us,” “we,” or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

Acceptance of this Agreement

Acceptance Through Use of the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be:
(i) at least 18 years old,
(ii) a resident of the United States, and
(iii) not a competitor of, or using the Services for purposes that are competitive with, the Company.

By accessing or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your own behalf or on behalf of the entity or organization that you represent. If you do not meet all of these requirements, you may not use or access the Services.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onward. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement constitutes your acknowledgment of such changes and your agreement to be bound by the updated terms and conditions. You should check this page frequently so that you are aware of any changes, as they are binding on you.

Access to the Services

Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds features. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You agree to provide us with accurate, complete, and updated information about yourself. The Company may maintain different types of accounts for different users. If you connect to any Services through a third-party service, you grant us permission to access and use your information from that service as permitted by that service, including storing login credentials for that service if applicable.

All information that you provide will be governed by our Privacy Policy located at https://www.chattanoogatilecompany.com/privacy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you, and you agree not to provide any other person with access to the Services or any portion of them using your username, password, or other security information.

You should ensure that you log out of your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.

The Company will not be liable for any losses or damages arising from your failure to comply with these requirements. You may be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time, in its sole discretion, for any reason or no reason, including if we determine that you have violated any provision of this Agreement.

Policy for Using the Services

Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the general business of the Company.

Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with your use of the Services:

No Violation of Laws or Obligations. Violate any applicable laws or regulations, including intellectual property laws and rights of privacy or publicity, or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing them to inappropriate content or obtaining personally identifiable information.
Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set forth in this Agreement.
No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual means. This includes, without limitation, using robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants operators of public search engines revocable permission to use spiders to copy materials from the Website solely for creating publicly available searchable indices of the materials, but not caches or archives.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other harmful materials, including attacks through denial-of-service or distributed denial-of-service methods.
No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) attempts to gain unauthorized access to the Services or other systems or networks connected to the Services, (ii) breach or circumvention of encryption or other security measures, or (iii) data mining or interference with any server, computer, database, host, user, or network connected to the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent, including email addresses, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
No Assisting Others. Attempt any of the foregoing or assist, encourage, or permit others to do so.

Geographic Restrictions

The Company is based in the United States. The Services are intended for use by persons located in the United States only. By choosing to access the Services from any location outside the United States, you accept full responsibility for compliance with all local laws. The Company makes no representation that the Services or any of their content are accessible or appropriate outside of the United States.

Terms and Conditions of Sale

Purchasing Process

Any steps taken from choosing Services to submitting an order form part of the purchasing process. The purchasing process includes these steps:

By clicking the checkout button, users open the third-party merchant checkout section, where they must specify their contact details and a payment method of their choice.

After providing all required information, users must carefully review the order and then confirm and submit it using the relevant button or mechanism on the Website, thereby accepting these Terms and committing to pay the agreed-upon price.

Order Submission

When you submit an order, the following applies:

Submission of an order constitutes contract formation and creates for you the obligation to pay the price, taxes, and any other applicable fees and expenses, as specified on the order page.
If the purchased Services require active input from you, such as the provision of personal information, specifications, or special requests, order submission creates an obligation for you to cooperate accordingly.
Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the purchasing process will be sent to the email address provided by you for such purposes.

Prices

You are informed during the purchasing process, and before order submission, of any applicable fees, taxes, and costs, including delivery costs if any.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In those cases, related information will be provided in the relevant section of the Website.

All payments are independently processed through third-party services. Therefore, the Website does not collect payment information such as credit card details, but only receives notification once payment has been successfully completed. If payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any costs or fees resulting from failed or refused payment shall be borne by you.

Retention of Usage Rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Contract Duration

Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a specified period of time. Paid subscriptions begin on the day payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-Term Subscriptions

Paid fixed-term subscriptions begin on the day payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services will no longer be accessible unless you renew the subscription by paying the applicable fee. Fixed-term subscriptions may not be terminated prematurely and will expire at the end of the subscription term.

Automatic Renewal

Subscriptions are automatically renewed through the payment method you chose during purchase unless you cancel the subscription within the deadlines for termination specified in these Terms and/or on the Website. The renewed subscription will last for a period equal to the original term. You will receive a reminder of the upcoming renewal with reasonable advance notice, outlining the procedure to cancel automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Company using the contact details provided in this document, or, if applicable, by using the corresponding controls within the Website.

Termination Notice

If the notice of termination is received by the Company before the subscription renews, the termination will take effect when the current subscription period is completed.

Intellectual Property Rights

Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and their contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property and proprietary rights laws.

Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services

During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content in accordance with this Agreement. This license will terminate upon your cessation of use of the Services or upon termination of this Agreement.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or through a feature of the Services.
No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way.
No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory from the Content or other data from the Services.

Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

User Content

User-Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit content or materials (“User Content”) on or through the Services.

You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary.

You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, reliability, or appropriateness by other users or third parties, and any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.

You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and another user, we are under no obligation to become involved.

License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free, fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business, including for promoting and redistributing part or all of the Services in any media formats and through any media channels.

You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. All of the foregoing licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains personally identifiable information.

Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards. User Content must not:

violate any applicable law or regulation, or any contractual or fiduciary obligation;
promote any illegal activity or create risk of harm, loss, or damage to any person or property;
infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property right of any person;
contain unlawful, defamatory, invasive, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, or inflammatory material;
promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contain false, intentionally misleading, or deceptive information;
impersonate any person or misrepresent your identity or affiliation with any person or organization; or
falsely imply that the content is sponsored, endorsed, or provided by the Company or any other person or entity.

Monitoring and Enforcement

We reserve the right, at all times but are not obligated, to:

take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement or creates liability for the Company or any other person;
remove or reject any User Content for any reason or no reason in our sole discretion;
disclose any User Content, your identity, or electronic communications to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person; and
terminate or suspend your access to all or part of the Services for any reason or no reason, including any violation of this Agreement.

We do not review User Content before it is posted on or through the Services and therefore cannot ensure prompt removal of questionable material. Accordingly, the Company and its affiliates, and their respective officers, directors, employees, or agents assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Copyright Infringement (DMCA Policy)

The Company respects the intellectual property rights of others and expects users of the Services to do the same. It is the Company’s policy to terminate users who are repeat infringers of intellectual property rights, including copyrights.

If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
a description of the copyrighted work you claim has been infringed;
a description of the material that is claimed to be infringing and where it is located;
your contact information, including your address, telephone number, and email address;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of