The Tile Doctor Terms Of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE SERVICES AVAILABLE.
These terms and conditions of use apply to and govern your use of thetiledoctor.com Web site as a passive visitor, as well as the services that thetiledoctor.com provides to participants who sign up as members ("Users") (such services to be referred to herein as "Services"). For purposes of these terms and conditions of use, the words "you" and "your" shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site or receive the Services.
License to Use the Site
thetiledoctor.com grants you a non-exclusive, non-transferable, limited
right to access, use and display the Site and the materials thereon
for your personal use only, provided that you comply fully with these
terms and conditions of use. You shall not interfere or attempt to
interfere with the operation of the Site in any way through any means
or device including, but not limited to, spamming, hacking, uploading
computer viruses or time bombs, or the means expressly prohibited by
any provision of these terms and conditions of use. Except as expressly
provided herein or otherwise allowed by thetiledoctor.com, you may
not use the Site or the Services for any commercial purpose concurrent
to thetiledoctor.com.
Changes to Terms and Conditions of Use
thetiledoctor.com reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these terms and conditions of
use, in whole or in part, or to incorporate service fees for Members,
at any time. Changes in these terms and conditions of use will be effective
when posted. You agree to review these terms and conditions of use
periodically to be aware of any changes. Your continued use of the
Site after any changes to these terms and conditions of use are posted
will be considered acceptance of those changes.
Ownership; Restrictions
thetiledoctor.com owns, controls, licenses or has the right to use and
provide the Site and all material on the Site, including without limitation
text, images, articles, photographs, illustrations, audio and video
clips, (collectively the "Content"). The site is protected
by copyright as a collective work and/or compilation, pursuant to copyright
laws and international conventions. thetiledoctor.com, and/or its third
party providers, are the owners of the copyright in the entire site.
thetiledoctor.com owns a copyright in the selection, coordination,
arrangement and enhancement of the Site. You agree to abide by any
and all copyright notices, information or restrictions displayed on
the Site.
You may not modify, create derivative works from, participate in the
transfer or sale of, post on the World Wide Web, mirror, or in any
way exploit the Site or any portion thereof for any public or commercial
use, other than as expressly provided by these terms and conditions
of use, without the express written permission of thetiledoctor.com.
You may download copies of Content from the Site for your personal
use, provided that you maintain all copyright, attribution and other
notices contained in or on such Content, including without limitation
trademarks and service marks of thetiledoctor.com and its affiliates
or the copyright holder identified in the individual Content's copyright
notice. No other permission is granted to you to print, copy, reproduce,
distribute, transmit, upload, download, store, display in public, alter,
or modify the content contained on this Site. You acknowledge that
you do not acquire any ownership rights by downloading copyrighted
material. You are responsible for complying with all applicable laws,
rules and regulations regarding your use of any such downloaded Content.
In the event of any permitted copying, redistribution or publication
of material from the Site, no changes in or deletion of author attribution,
trademark, legend or copyright notice shall be made.
This site also contains trademarks of thetiledoctor.com protected under
United States and International Trademarks laws. Use of such marks without
thetiledoctor.com 's written permission is strictly prohibited.
Services
Upon a Member's registration on the Site, thetiledoctor.com will create
an online account for the Member containing information provided by
the Member, which account shall be accessible and modifiable by the
Member thereafter at the Site using a password and user name, in accordance
with the Privacy Policy.
Agree and consent to our Privacy Policy;
Agree not to infringe the proprietary rights, intellectual property rights,
rights of publicity or privacy rights of thetiledoctor.com or third parties
in connection with your use of the Site.
Agree to provide us with accurate information, and to update such information
in the event that it becomes outdated or inaccurate, as necessary for
provision of the Services to Members through our Site, and to take responsibility
for the information you provide.
Will be responsible for creating and maintaining the confidentiality
of your user name and password, and for all activity occurring under
your password and Member Account.
Will not intentionally or unintentionally violate any applicable local,
state, national or international law, including but not limited to any
regulations having the force of law, while using or accessing the Site
or the Services.
Will not harvest, gather or otherwise collect contact information of
other users of the Site or Services, for any purpose including, without
limitation, transmitting any unsolicited advertising, junk mail, spam,
or chain letters.
Members who violate these terms and conditions of use, at thetiledoctor.com
's sole discretion, may have their Member Account suspended or terminated,
and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that thetiledoctor.com has the right, but not the obligation,
to monitor all material on the site at any time for any reason in its
sole discretion to determine compliance with these terms and conditions
of use and any other operating rules that thetiledoctor.com may establish
from time to time. Notwithstanding this right of thetiledoctor.com,
thetiledoctor.com does not and cannot review all materials posted to
the site by users, and thetiledoctor.com is not responsible for any
such materials posted by users. thetiledoctor.com reserves the right
at all times to edit, disclose, refuse to post, request removal of
or remove any material or information as may be necessary to comply
with any law, regulation or government or agency request or if, in
thetiledoctor.com 's sole discretion, such materials are objectionable
or in violation of these terms and conditions of use. thetiledoctor.com
does not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed or distributed through
the Site. You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum, or information shall be at your sole
risk. thetiledoctor.com reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless thetiledoctor.com, and
all its officers, directors, owners, agents, employees, content providers,
partners, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all losses, damages, liabilities,
and claims and all fees, costs, expenses, of any kind related thereto
(including, without limitation, reasonable attorneys' fees) incurred
by the Indemnified Parties in connection with any claim arising out
of, based upon or resulting from your use of the Site or receipt or
use of the Services. thetiledoctor.com reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of thetiledoctor.com.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet
sites, resources, and sponsors of the Site. Links to and from our Site
do not constitute an endorsement by thetiledoctor.com or any of its
subsidiaries, partners and affiliates of any third party resources
or their services or contents. Links do not imply that thetiledoctor.com
or the Site sponsors are affiliated or associated with or are legally
authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked sites
are authorized to use any trademark, trade name, logo or copyright
symbol of thetiledoctor.com or any of its affiliates. thetiledoctor.com
is not responsible for content on or services provided by other Web
sites that are linked to or from the thetiledoctor.com site, including
without limitation thetiledoctor.com 's partners' Web sites and services.
You should direct any concerns regarding any external link to its site
administrator or Webmaster.
UNDER NO CIRCUMSTANCES SHALL thetiledoctor.com, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF thetiledoctor.com, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
thetiledoctor.com's Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including
without limitation the information contained in your Member Account,
if any, may be included in a database owned by thetiledoctor.com and
its subsidiaries, partners and affiliates in which we have rights and
interest, including but not limited to, the compilation copyright.
We reserve the right to use any information or materials you provide
to us or that we obtain through your use of the Site or Services to
the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to thetiledoctor.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against thetiledoctor.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that thetiledoctor.com is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that by submitting Communications to thetiledoctor.com
or the Site, no confidential, fiduciary, contractually implied or other
relationship is created between you and thetiledoctor.com or any thetiledoctor.com
affiliate or subsidiary other than pursuant to these terms and conditions
of use. thetiledoctor.com shall not be responsible for the payment
of any monies to any party in connection with thetiledoctor.com's use
of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site or Services for any commercial purpose.
Termination
You understand and agree that thetiledoctor.com may, in its sole discretion
and at any time, terminate your Member Account, if any, and discard
and remove any content or information contained therein, for any reason.
thetiledoctor.com may also, in its sole discretion and at any time,
discontinue any Services, or limit or restrict any user's access to
the Site or the Services, for any reason. You understand and agree
that thetiledoctor.com may take any one or more of these actions without
prior notice to you, but shall use commercially reasonable efforts
to notify you of such termination. You understand and agree that thetiledoctor.com
shall not have any liability to you or any other person for any termination
of your Member Account or access to Services and/or the removal of
such information. Member may terminate its Member Account at any time
by sending a request of termination by e-mail to thetiledoctor.com
at the following address: info@thetiledoctor.com.
General Provisions
If for any reason a court of competent jurisdiction finds any provision
of these terms and conditions of use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of these terms and conditions of use, and
the remainder of these terms and conditions of use shall continue in
full force and effect. These terms and conditions of use constitute
the entire agreement between you and thetiledoctor.com with respect
to the subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such subject matter.
No waiver by either you or thetiledoctor.com of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import.