TERMS OF USE AGREEMENT BETWEEN USER
AND Tile Designs by Bendel

Tile Design by Bendel maintains this Web site (the “Site”) and provides the related services to you under the terms and conditions set forth below.

PRIVACY POLICY
Tile Designs by Bendel is committed to your privacy and security. This policy may be updated by us from time to time, so please check frequently.

TERMS OF USE
Please read this agreement (the "Agreement") carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by this Agreement. Tile Designs by Bendel provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. The information and services offered on the Site are provided with the understanding that neither Tile Designs by Bendel, nor its editors, contributors, suppliers, customers or users, are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

Tile Designs by Bendel assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take or fail to take based on the information, services or other material on this Site. While Tile Designs by Bendel strives to keep the information on this Site accurate, complete and up-to-date, Tile Designs by Bendel and its editors, contributors, or suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site. You agree to notify Tile Designs by Bendel of these problems if you discover them.

PROPRIETARY MATERIALS
This Site may contain proprietary materials, such as software, photographs, graphics, music, sounds or other materials, as well as trademarks, service marks, and trade dress of Tile Designs by Bendel (hereinafter, the “Proprietary Materials”).

All Proprietary Materials contained on the Site are protected by law from unauthorized use. Tile Designs by Bendel owns a copyright in certain Proprietary Materials on the Site, as well as the entire contents of the Site, including public domain content, which are protected as a collective work under the U.S. copyright laws. Tile Designs by Bendel owns a copyright in the selection, coordination, arrangement and enhancement of all Site content. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Tile Designs by Bendel®, and other logos, product and service names (the “Marks”) are trademarks and service marks owned by or licensed to the State of Arizona. Without the prior written permission of Tile Designs by Bendel, you agree not to display or use in any manner the Marks.

PROHIBITED USES and COPYRIGHT INFRINGEMENT
As a condition of your use of this Site, you warrant to Tile Designs by Bendel that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not use the Marks or copy, modify, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer, or sell any Proprietary Materials, information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Tile Designs by Bendel, you agree to provide true, accurate and complete user information. You agree not to impersonate or falsely represent your affiliation with any person or entity. Except with the express permission of Tile Designs by Bendel, you agree not to access or attempt to access password protected, secure or non-public areas of the Site.

Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. You shall not upload, post, publish, transmit, reproduce, distribute, or otherwise exploit any materials subject to another’s copyright, unless such use occurs with permission from the copyright owner. If Tile Designs by Bendel becomes aware of facts or circumstances from which it is apparent that this Site or its services are being used for infringing any material under copyright, it will act expeditiously to remove, or disable access to, the material that is infringing or claimed to be the subject of infringing activity, regarding of whether the material or activity is ultimately determined to be infringing.

NOTICE OF COPYRIGHT CLAIMS
Tile Designs by Bendel respects the intellectual property of others, and asks users of this Site to do the same. If you believe this Site has been used in a way that constitutes copyright infringement, please notify Tile Designs by Bendel’ Agent for Notice of Copyright Claims (as described below) and include the following information:

- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. NEITHER Tile Designs by Bendel, ITS CONTRIBUTORS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT YOUR USE OF THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THEM.

(b) THE SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c) Tile Designs by Bendel, AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

(d) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Tile Designs by Bendel OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE AND ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE AND ITS SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SITE AND ITS SERVICES.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Tile Designs by Bendel OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED THERE AT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tile Designs by Bendel SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tile Designs by Bendel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tile Designs by Bendel, its contributors, affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to Web sites operated by parties other than Tile Designs by Bendel or its affiliates. Such hyperlinks are provided for your reference only. Tile Designs by Bendel does not control such Web sites, and is not responsible for their content. Inclusion of hyperlinks by Tile Designs by Bendel to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the Tile Designs by Bendel Privacy Policy is applicable only when you are on this Site, once linked to another Web site, you should read that site’s privacy policy before disclosing any personal information.

LINKS TO THIS SITE
You may not link to this Site without the advanced written authorization of Tile Designs by Bendel, which may be requested by sending an e-mail to Sales@tiledesignsbybendel. Please identify in the e-mail request the Web site from which you will be linking and the reason you are requesting a link to this Site. Once permissions is granted, you may only provide a hypertext link to this Site provided that (a) the link must be a text only link clearly marked www.tiledesignsbybendel.com; (b) the link must “point” to the “home page” URL (www.tiledesignsbybendel.com) and not to other pages within the Site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Tile Designs by Bendel or with the Site; (d) the appearance, position, and other aspects of the link may not create the false appearance that the linking page, its owner, or any other entity is associated with or sponsored by Tile Designs by Bendel or the Site; and (e) the link, when activated by a user, must display the Site full screen and not within a “frame” on the linking Web site. Tile Designs by Bendel reserves the right to revoke its consent to the link at any time in its sole discretion.

USE OF SUBMISSIONS
Postings to and communications with the Site and Tile Designs by Bendel are not private. You grant Tile Designs by Bendel the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to Tile Designs by Bendel in any medium shall become the property of Tile Designs by Bendel and shall not be returned to you.

CHANGES TO SITE
Tile Designs by Bendel, its contributors, affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, in whole or in part, at any time without notice. Tile Designs by Bendel may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review this Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Arizona, without giving effect to any principles of conflicts of law. Failure by Tile Designs by Bendel or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any legal action or proceeding between Tile Designs by Bendel, and/or its contributors or affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Arizona, County of Maricopa.