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Terms of Service Last Modified: July 24, 2019

Acceptance of these Terms of Use and Privacy Policy

These terms of use are entered into by and among between (a) you and (b) Field Tiles, Inc. (collectively, “Field Tiles, Inc.” “we”, or “us”). The following terms and conditions, together with our Privacy Policy and any documents or policies they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of field-tiles.com, including any content, functionality, and services offered on or through field-tiles.com (the “Website”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. The Website is offered and available to users who are 13 years of age or older reside in the United States or any of its territories or possessions and by using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. These Terms of Use do not alter in any way any other agreement you may have with Field Tiles, Inc. and/or its affiliates or subsidiaries, whether it be for products, services, or otherwise. To the extent of any inconsistency between these Terms of Use and another executed written agreement you may have with Field Tiles, Inc. for products, services, or otherwise, the terms of that agreement shall govern.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

By accepting these Terms of Use, Field Tiles, Inc. grants you a limited, non-exclusive, non-transferable license to access and use the Website solely for your personal and general informational purposes. Certain portions of the Website may contain additional terms and conditions, and you may be subject to further permissions and/or restrictions while using or accessing these portions of the Website. Field Tiles, Inc. has no obligation to monitor the Website, though it may do so at any time and in its sole discretion. Additionally, Field Tiles, Inc. may, in its sole discretion, further limit or revoke this license; amend, suspend or terminate the Website’s functionality; and/or limit or terminate your access to and use of the Website (or portions thereof) at any time, and/or any service or material we provide on the Website without notice, and for any reason, including any possible or alleged misuse, fraud, or misconduct by you or any other person. Field Tiles, Inc. reserves the right to provide information obtained from your access to and use of the Website for investigations by law enforcement. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular 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. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, applications, metadata, codes, interfaces, text, displays, images, logos, icons, videos, and audio, and the design, selection, and arrangement thereof) are owned by Field Tiles, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.; You may store files that are automatically cached by your Web browser for display enhancement purposes.; You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.; If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.; If we provide social media features, you may take such actions as are enabled by such features. You must not: Modify copies of any materials from the Website.; Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.; Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@field-tiles.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Field Tiles, Inc. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Field Tiles, Inc. name, Field Tiles, Inc. logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Field Tiles, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Field Tiles, Inc. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).; For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.; To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.; To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.; To impersonate or attempt to impersonate Field Tiles, Inc., a Field Tiles, Inc. employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).; To attempt to bypass, interrupt, interfere with, intercept, compromise, or decipher the normal operation, security, traffic, or transmission to or from the Website.; To decompile or otherwise seek to reverse engineer the Website.; To attempt to post any content that may be construed as misleading, libelous, slanderous, defamatory, inflammatory, obscene, or that may be construed as advertising, promoting or soliciting any individual or entity.; To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Field Tiles, Inc. or users of the Website or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.; Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.; Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.; Use any device, software, or routine that interferes with the proper working of the Website.; Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.; Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.; Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.; Otherwise attempt to interfere with the proper working of the Website.

Product Offerings

The Website may contain product offerings. We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

We accept the following forms of payment via the Website: Major Credit Card. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in United States (“U.S.”) dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Shipping policy

Samples: We will ship samples via USPS at the charge to our customers; the amount, timing, and terms of sample shipments shall be at our discretion. Volume orders: Customer will receive an estimated price quote upon our receipt of the purchase order. Size of order, product, requested delivery date and delivery address determine the shipping price and transportation type. We currently ship via air or ocean freight from Portugal to final destination (shipping origin subject to change). Customer is required to pay all shipping costs including but not limited to: freight, import fees, duties, customs, and taxes.

Return Policy

Because Field Tiles products are made to order and all orders are custom, there are no returns. All sales are final. If there is an issue with the received order, customer must notify Field Tiles within 7 days of delivery by documenting and contacting Field Tiles via email at info@field-tiles.com with any issues such as defective product or incorrect order quantity and including, without limitation, order number, time stamped photographs and written description of the product issues. Field Tiles will not accept returns on damaged product, but will work with the customer to rectify a product issue if such issue is caused by Field Tiles. Customers are responsible for damages occurring during installation. Improper installation does constitute a manufacturer defect.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.; All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Field Tiles, Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the product offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the product offerings. We cannot guarantee the Website or the product offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the product offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the product offerings during any downtime or discontinuance of the Website or the product offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or the product offerings or to supply any corrections, updates, or releases in connection therewith.

International Use

As part of this document, you agree to comply with all U.S. and foreign export laws and regulations to ensure neither the product offerings, or any related technical data, is exported or re-exported in an illegal way. By accessing, purchasing, and/or using the product offerings, you represent and warrant that you aren’t in a country subject to a U.S. Government embargo, or which has been designated by the U.S. as a “terrorist supporting country.” You also warrant you are not listed on any U.S. Government list of prohibited or restricted parties. Field Tiles controls the product offerings in the U.S. In no way do we represent that materials contained within the product offerings are appropriate, or available, for use in other locations, and access to the product offerings is prohibited from locations where such activity is illegal. Users who decided to purchase product offerings do so on their own initiative and are solely responsible for compliance with the law.

Indemnity

You agree to protect Field Tiles and its subsidiaries and associates from any liability, damage or cost (including attorneys’ fees and costs) from any claim or demand made by a third party as a result of your access to, purchase of, or use of the product offerings, including any violation of this Agreement by you or any third party using your Field Tiles account, login information, or password.

Governing Law

These Terms of Use, including without limitation, your use of the Website and your use and purchase of the product offerings are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

Dispute Resolution

If you have any questions or concerns, please feel free to reach out to us. We’re here to help, and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve such dispute, you and Field Tiles each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.

Binding Arbitration

If you and Field Tiles are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by you or Field Tiles. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami-Dade County, Florida. Except as otherwise provided herein, you and Field Tiles may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida, and you and Field Tiles hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. If this provision is found to be illegal or unenforceable, then neither you nor Field Tiles will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Field Tiles agree to submit to the personal jurisdiction of that court.

Disclaimer

The website is provided on an as-is and as-available basis.  You agree that your use of the website services will be at your sole risk.  To the fullest extent permitted by law, we disclaim all warranties, express of implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to this website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the website, (5) any bugs, viruses, trojan horses, or the link which may be transmitted to or through the website by any third party, and/or (6) any errors or omissions in any content and the use of any content posted, transmitted, or otherwise made available via the website.  We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

Limitation of Liability

Except to the extent that any exclusion or limitation of its liability is void, prohibited or unenforceable by applicable law, neither Field Tiles nor its affiliates, employees, agents or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on the website, including but not limited to, any lost profits, loss of revenue, loss of use, loss of or damage to data or information of any kind, damage to equipment, hardware or other property of user, personal injury, or any indirect, special, consequential, compensatory or incidental damages (whether the claim is based upon breach of contract, breach of warranty, strict liability, negligence, tort or other legal theory) arising out of this agreement or in connection with the use of the website or content, or for any direct damages in excess of $100 (in the aggregate), even if they have been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

Field Tiles, Inc.
80 SW 8th Street
Suite 2000
Miami, FL 33130