Website Terms and Conditions
Website Terms and Conditions
Web Site Terms and Conditions of Use
This page states the Terms and Conditions under which you may use the Mission Stone and Tile Web site (the “Site”). Mission Stone and Tile may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Mission Stone and Tile reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Mission Stone and Tile does not undertake any obligation or responsibility to update or amend any such information. Mission Stone and Tile may discontinue or change any product or service described in or offered on this Site at any time.
All right, title and interest in this Site and any content contained herein is the exclusive property of Mission Stone and Tile. This Site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Site, except for the purposes expressly provided herein, without Mission Stone and Tile’s prior written approval. Unauthorized use of this Site and or any Mission Stone and Tile systems, including, but not limited to, unauthorized entry into Mission Stone and Tile systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any Mission Stone and Tile site or service or interfere with any other party's use and enjoyment of any Mission Stone and Tile site or service. You may not attempt to gain unauthorized access to any Mission Stone and Tile site or service, computer systems or networks connected to any Mission Stone and Tile site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Mission Stone and Tile will fully cooperate with any law enforcement authorities or court order requesting or directing Mission Stone and Tile to disclose the identity of anyone posting any such information or materials.
Claims of Infringement
Mission Stone and Tile respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the United States Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, Mission Stone and Tile will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mission Stone and Tile’s Copyright Agent the following information:
• Identify the copyrighted work that you claim has been infringed, or—if multiple works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on this Website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
• I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
• Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Mission Stone and Tile to:
215 Park Avenue South, Suite 700, New York, NY 10003, ATTN: Ronald Pierce, EVP + COO
While Mission Stone and Tile considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Links To Other Sites
This Site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Mission Stone and Tile of any information contained in any third party Web site. In no event shall Mission Stone and Tile be responsible for the information contained on that site or your use of or inability to use such site. Access to any other Internet web site linked to the Mission Stone and Tile Site is at your own risk. You should be aware that linked web sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Mission Stone and Tile Site. Mission Stone and Tile is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this Site. Nor will you use any manual process to monitor or copy the Site or the content contained thereon for any unauthorized purpose without our prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Site.
No Warranties / Limitation of Liability
Mission Stone and Tile does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this site. Further, Mission Stone and Tile makes no representations about the suitability of any of the information contained on this Site or any other Web site for any purpose. All information is provided "as is" and “as available” without warranty or condition of any kind. In no event shall Mission Stone and Tile be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of content available on this Site.
Mission Stone and Tile does not warrant the information or services provided herein or your use of this Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Mission Stone and Tile will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources Mission Stone and Tile believes to be reliable, Mission Stone and Tile cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. You understand that Mission Stone and Tile does not operate or control the products, services information, advice or content offered by any third party that participates in the Mission Stone and Tile Site. Neither Mission Stone and Tile, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Mission Stone and Tile or of any vendor providing software or services. In no event will Mission Stone and Tile or any such parties be liable to you, whether in contract, tort, negligence, or otherwise, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Mission Stone and Tile or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Mission Stone and Tile cannot and does not guarantee continuous, uninterrupted or secure access to the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will Mission Stone and Tile’s total liability to you for all damages, losses, and causes of action, whether in contract, tort, negligence, or otherwise, exceed the amount paid by you, if any, in accessing this Site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in the City and County of New York, State of New York and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a 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, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Mission Stone and Tile and you with respect to this Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Mission Stone and Tile and you with respect to the subject matter hereof.