Welcome to the Travertine Mart web site (the “Site”). BEFORE YOU CAN USE THIS SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.
Wholesale Stone, LLC (“Wholesale Stone”) dba Travertine Mart (“Travertine Mart”) reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and at it’s sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Travertine Mart for other products or services.
Questions or comments about the Site or its contents should be directed to contact@travertinemart.com.
1. INCORPORATED POLICIES OR TERMS
1.1 Privacy Policy. Travertine Mart believes strongly in protecting user privacy and providing you notice of Travertine Mart’s collection and use data, including personal information, collected from the Site. Therefore, Travertine Mart has adopted a Privacy Policy that you should refer to fully understand how Travertine Mart uses and collects information.
1.2 Terms of Sale. All orders placed via the Site are governed by Travertine Mart’s 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 Travertine Mart’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
2. COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation, the Travertine Mart logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials”) thereof are the property of Travertine Mart, ALL RIGHTS RESERVED Copyright © 2014 Wholesale Stone, LLC dba Travertine Mart 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 Travertine Mart or the respective copyright owner.
3. TRADEMARKS AND SERVICE MARKS
Travertine Mart, the Travertine Mart logo, the phrases Low Wholesale Prices for Premium Grade Travertine, The Most Trusted Place to Buy Travertine, Not All Travertine is Created Equal, Ivory Swirl and the products and services described in this Site, including without limitation, “Travertine Mart”, are either trademarks, service marks or registered trademarks of Wholesale Stone, LLC dba Travertine Mart, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travertine Mart. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Travertine Mart, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Travertine Mart. All other trademarks, registered trademarks, product names and Travertine Mart names or logos mentioned herein are the property of Wholesale Stone, LLC.
4. USE OF SITE
Travertine Mart grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Travertine Mart or any third party.
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 Travertine Mart, 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 Travertine Mart 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 Travertine Mart 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 Travertine Mart’s express written consent. Further, you may not use any meta tags, keywords or any other “hidden text” utilizing the Travertine Mart name, trademark, or product name without Travertine Mart’s express written consent.
5. OWNERSHIP OF TECHNOLOGY
Travertine Mart has created a Freight Estimator software that provides buyers with instant on-line estimates and a Patio Designer (the “Technology”). You acknowledge that Travertine Mart owns all rights, title and interest in and to the Technology that enables you to use this Site for estimating the cost and look of your project. All content included on this Site is the property of Travertine Mart and is protected under the intellectual property laws of the United States and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Travertine Mart.
6. 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. CREDIT CARD FRAUD
It is the individual’s responsibility to safeguard their credit card details and while Travertine Mart employs the latest in SSL technology it will not be held responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer or individual whose credit card is fraudulently used or is used in an unauthorized manner.
8. TERMINATION
You agree that Travertine Mart, in its sole discretion, may terminate your use of this Site or restrict your access to any component of this Site, for any reason, including without limitation, or if Travertine Mart believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. Travertine Mart may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice. Further, you agree that Travertine Mart shall not be liable to you or any third party for any termination or restriction of access to the Site.
9. 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 TRAVERTINE MART TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. TRAVERTINE MART MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE TRAVERTINE MART SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.
TRAVERTINE MART 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.
10. LIMITATION OF LIABILITY
YOU AGREE THAT TRAVERTINE MART, 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 TRAVERTINE MART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRAVERTINE MART (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 TRAVERTINE MART, 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.
11. INDEMNIFICATION
You shall indemnify, defend and hold harmless Travertine Mart and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users’ use of this Site, including but not limited to any violation by you or any Authorized User of the Terms of Use. Travertine Mart reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
12. LINKS
This Site may contain links to other web sites, which are provided solely as a convenience to you. The inclusion of any link does not imply endorsement, investigation or verification by Travertine Mart of the linked web site or information contained therein. Travertine Mart shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
13. RELATIONSHIP
The relationship between Travertine Mart 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.
14. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the County of Miami-Dade, in the State of Florida, United States of America, in all disputes arising out of or relating to the use of this Site and this Agreement.
15. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
16. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17. HEADINGS
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
18. ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
