Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BlockTile’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term “BlockTile” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

Product Color Disclaimer

Please be sure to order samples before placing your order. Monitor colors vary dramatically by brand and lighting environment you’re in. For this reason, we cannot honor our satisfaction guarantee on colors for those who did not previously order color samples. Due to the variances in the color due to production runs, dye, etc. each lot color will vary for any of the products on this site. These variances are minimal, but there is no way to assure the exact color of the floor tiles or other products on this site when ordering at different times. To ensure maximum color consistency, plan your order in advance and place your entire order at the same time. Sample colors may also vary slightly as our samples may come from different production lots.

Permitted Use

You may electronically copy, duplicate and print portions of this website as long as You retain all copyright, trademark or other proprietary notices along with the material. Any other use of this Site or its content requires BlockTile’s express written permission.

Trademarks and Copyright

All content contained in this web site, including but not limited to text, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, or graphics is protected by copyright, trademark, patent or other proprietary rights and laws. It is owned by BlockTile or an BlockTile affiliate, or BlockTile has the legal right to use it. © 2005 – document.write(new Date().getFullYear()); BlockTile a Gulfcoast Ard, Inc company. All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without BlockTile’s prior written permission. The use of BlockTile’s trademarks on any other web site is prohibited. Use of BlockTile marks as a “link” on or from any other web site is expressly prohibited by BlockTile unless prior written permission is obtained.

Links

This website may contain links to third party sites. Access to any other Internet site linked to this web site is at your own risk and BlockTile is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites and does not warrant that these sites do not contain viruses or other features that may harm Your computer. BlockTile provides these sites links as a convenience and does not endorse the companies or contents of any of these linked sites.

Privacy

BlockTile collects information about the users of this web site. Collection of this information is governed by BlockTile.com’s Online Privacy Policy.

Registration Obligations

To access certain portions of this web site, You must register with BlockTile by establishing a Personal Profile. Upon registration, You will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process. You also agree to maintain the accuracy of any submitted data. If You provide any information that is untrue, inaccurate or incomplete, BlockTile reserves the right to terminate Your Personal Profile account and suspend Your use of any and all services offered through this Web Site.

You agree that You are responsible for maintaining the confidentiality of Your userID and password, and You are fully responsible for all activities that occur under their use. You agree to immediately notify BlockTile of any unauthorized use of Your UserID and/or password and to contact webmaster@blocktile.com to disable the UserID / password if you suspect the integrity of Your password has been compromised. Providing You have a valid UserID, You may at any time request a password change by contacting webmaster@blocktile.com.

In order to avoid the potential for unauthorized use of Your UserID and/or password, You agree to implement and abide by reasonable security procedures. Such procedures include, but are not limited to, the limited and confidential use and maintenance of passwords and the establishment of firewalls to reduce the risk of external security breaches. BlockTile shall not be liable for any errors or omissions arising from Your failure to take reasonable security precautions. You shall indemnify and hold BlockTile harmless against all claims, damages, cost, judgments and liabilities arising out of Your failure to establish and maintain reasonable security procedures.

Content You Upload

You are entirely responsible for all Content (which means all data, documents, photographs or other information) that You upload, post or otherwise transmit via this Web Site. You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall hold harmless and indemnify BlockTile from all liability associated with damage or destruction to the Content and Your violation of these Terms and Conditions in general.

Disclaimer of Warranties

BlockTile makes no warranty that this web site will meet Your requirements or that it will be uninterrupted, timely, secure or error free; nor does BlockTile make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY PROVIDED OTHERWISE, BLOCKTILE PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS BLOCKTILE PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, BLOCKTILE DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF THE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL BLOCKTILE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF BLOCKTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WHILE BLOCKTILE MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE, BLOCKTILE ASSUMES NO RESPONSIIBLITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. BLOCKTILE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF BLOCKTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree, at Your own expense, to indemnify, defend and hold harmless BlockTile, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of Your violation of these Terms of Use or in connection with Your use of this web site, its Content, features or functionality.

Termination of Use

BlockTile may discontinue, suspend or modify this web site at any time without notice, and BlockTile may block, terminate or suspend Your access to the System at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Export

You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any Content appearing on or available through this Web Site. You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, You are not a Denied Party listed on the U.S. Denied Persons List, You are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Governing Law

This Agreement and the relationship between You and BlockTile shall be governed by and construed in accordance with the laws of the State of Texas without regard to any principals governing conflicts of law that might cause the laws of another jurisdiction to apply. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a Texas court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.