Agate Tile & Stone Inc.
Last updated: March 29, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Accountmeans a unique account created for You to access our Service or parts of our Service.
- Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Agate Tile & Stone Inc., 18415 104 Ave NW, Edmonton, AB, Canada T5S 2V8.
- Cookiesare small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Countryrefers to: Alberta, Canada
- Devicemeans any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Datais any information that relates to an identified or identifiable individual.
- Servicerefers to the Website.
- Service Providermeans any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Servicerefers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Datarefers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Websiterefers to Agate Tile & Stone, accessible from https://Agatetile.ca/
- Youmeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies.Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons.Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account:to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract:the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You:To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide Youwith news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests:To attend and manage Your requests to Us.
- For business transfers:We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers:We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers:We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners:We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users:when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: info@Agatetile.ca
- By visiting this page on our website: http://Agatetile.ca/contact-us
- By phone number: (780) 487-2700
Terms Of Sale
Agate Tile & Stone Inc.
TERMS OF SALE
Last Updated: April 26, 2021
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
TERMS AND CONDITIONS OF SALE
Terms and Acknowledgement: This order and any agreement between Customer and Agate Tile & Stone Inc., (“AGATE”) is limited to these terms and conditions. Any additional or different terms in Customer’s forms or other documents are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. No modification of AGATE’s terms and conditions will be binding on AGATE unless agreed to in writing by AGATE. These terms and conditions supersede any and all prior terms and conditions to the contrary.
Availability and Descriptions
As each supplier/manufacturer has its own sizes and description for products, we do not guarantee accuracy on sizes and descriptions. Some products might differ in size, all displays are for information-base only.
The purchase of Products on AGATE is subject to availability. In the event that the Product you request is not available at the time of your order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.
Although we strive to update and keep accurate Product and pricing information on AGATE, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, the Service Provider shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.
PRODUCTS DISPLAYED ON AGATE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON AGATE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
Customer and Account: You represent that you are at least the age of majority in your jurisdiction of residence, you are not under any legal or other disability which limits your ability to comply with this Agreement, the information you provide in connection with your purchase is truthful and accurate, and you are not purchasing the products offered for sale at AGATE (“Products”) for resale to others. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. Data generated in connection with your use of your account at this AGATE is the property of the Service Provider. The Service Provider, in the exercise of its reasonable business judgment, reserves the right at its sole discretion to refuse to sell Products, terminate accounts, cancel orders and restrict access to AGATE.
Product Warranties: The Service Provider is a reseller of products manufactured by other companies. You may be entitled to the benefit of a warranty, if any, provided by the original manufacturers of the products that you purchase from The Service Provider. Customer is also responsible for verifying the appropriateness of products for customer’s intended use as well as verifying the proper storage, transportation, test and safety data, application and handling of products, AGATE shall have no liability for any such information provided by the manufacturer, manufacturer’s distributors or representatives. In no event shall AGATE be liable to customer or any other person for any direct, indirect, incidental, consequential or special damages relating to the products covered hereby, whether based on contract, negligence, strict liability or otherwise. For warranty claims, please contact the manufacturer of your product.
Product Prices: The price for Products is stated in Canadian dollars. The price for an order placed by you may include additional costs, such as taxes, surcharges, and handling and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.
We accept Visa, MasterCard, American Express, Discover and MC DinersClub, Interac, JCB and UnionPay (See note about the use of debit cards). When paying with credit card, you authorize the Service Provider to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You will only pay one shipping charge regardless of how many shipments are required to complete your order.
DEBIT CARD CHARGES – When you place your order online, your bank may allocate the total order amount from your account and hold it in reserve for up to a week, or until your order ships. During this time you may not have access to those funds. If you need access to the money in the account that your debit card draws from, use a credit card instead. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and the Service Provider will have no obligation to fulfill your order. All billing and registration information provided by you to the Service Provider must be truthful and accurate.
Risk of Loss: In Canada, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, or Canada Post, or other third party shippers.
Returns: Products may only be returned to AGATE in accordance with its posted return policy. Qualifying returns must be made within thirty (30) days of purchase and must be approved by AGATE. The invoice/sales receipt for the original purchase must accompany the return. Absolutely no exchanges, refunds or credits are permitted for partial returns of natural stone, for slabs, or for used, damaged or altered goods, goods unsuitable for resale, discounted products, and “end of lot” or discontinued or closeout products, sale items, custom items or special orders. All approved returns must be made in unopened units (if applicable), within the original cartons or packaging, which must be in good and undamaged condition. Special orders cannot be changed once ordered and are not cancellable, not returnable, and not refundable. All sales are final on slabs, on discounted products, “end of lot” or discontinued or closeout products, sale items, on custom items or special orders.
Special Orders (Custom Orders): “Special orders” are orders for products that are not in stock. “Custom orders” are special orders. A negotiated deposit is required before AGATE will place the order. The remaining balance (if any) is due upon arrival of the special order to AGATE or drop ship location. A purchase order will not substitute for a monetary payment. It is highly recommended that Customer order “range samples” and/or photos of any special order prior to order quotation. Any request for site and material inspections by AGATE at the factory or distribution point need to be requested in writing prior to quotation. Additional charges may apply if AGATE is requested to inspect, send samples, or expedite sample processing and/or shipment after material quotation has been prepared or order received. Range samples and photos are only a representation of material to ship. Actual material to ship is subject to natural and typical variation for any particular product. Any additional criteria requested by Customer relating to a special order needs to be addressed in writing prior to quotation. No changes or cancelation of a special order are allowed under any circumstances after order has been placed. Any quoted lead-time to process or ship is an estimate only and is not guaranteed. AGATE is not liable for any delays in special order material processing, shipment, arrival, or otherwise.
Claims: Customer is responsible for acceptance of product condition, specification and count at time of pick up or delivery or prior to storage at AGATE (whichever occurs earlier) and/or prior to installation. Customer or the slab fabricator must inspect slabs for color, condition, and thickness prior to loading. AGATE will assist in loading but it is the driver’s responsibility to properly secure all material. Customer will indemnify and hold harmless AGATE from any and against all liabilities, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements, including court costs, arising from the loading, transportation or delivery of the materials. Installation constitutes acceptance of any and all materials and no adjustments will be made after installation of the product(s). If the product is drop shipped, Customer is responsible for inspection and acceptance of the shipment (special order) at the factory or at the distribution point prior to shipping. Ceramic tile, porcelain tile, glass tile, handmade products, including tile, grouts, caulks, colorants and natural stone are subject to variations in color, appearance, shading, texture and calibre. Handmade products are subject to additional variations in appearance, size, finish and layout. Natural stone materials are products of nature and no two pieces are exactly alike. Customer and installer are responsible for researching the proper installation method and materials for any products supplied by AGATE. AGATE will not be responsible for improperly installed material. All claims for damages, shortages, or price differences must be noted on the delivery receipt and reported to AGATE’s office via telephone notification within twenty-four (24) hours of receipt of the products. Payment must be received in full for the invoice/sales receipt in which any claim pertains before the claim will be accepted for review. An AGATE representative must first complete an investigation to determine the source of the damage/claim and whether a credit will be issued. AGATE is not liable for loss or damage by a second party shipper. Damage or delays resulting from second party handling must be filed directly with the company responsible for delivery.
Storage: The granting of storage to Customers of products, which are fully paid and purchased from AGATE at AGATE store locations, is at the sole discretion of AGATE and on terms determined by AGATE. AGATE will not be liable for damages to products stored for Customer or for products that are unclaimed by Customer. Customer must provide current contact information and provide updates to AGATE of changes to contact information.
Return Check Fees: Accounts with a returned check will be charged $100.00. Should additional checks not clear, the account will be placed on a cash only or cashier’s check payment basis.
Force Majeure: AGATE shall not be liable for any delay in performance or non-performance on the part AGATE, directly or indirectly caused by fire, explosion, accidents, floods, labour trouble or shortage, war, act or regulation of any government, inability to obtain suitable material, equipment, fuel, power or transportation, act of God, or any contingencies, happenings or causes beyond the control of AGATE.
Arbitration: Any controversy or claim arising out of or relating to this order or the breach thereof shall be settled by arbitration in Edmonton, Alberta, in accordance with the Arbitration Rules, Procedures and Protocols of Dispute Prevention & Resolution, Inc. Any award rendered by the arbitrator shall be conclusive and binding upon the parties and may be entered in any court having jurisdiction thereof. The expenses of the arbitrator shall be shared equally and the arbitrator shall award to the prevailing party its costs and reasonable attorneys’ fees incurred in connection with the arbitration.
Partial Invalidity: If any condition or provision of these terms shall be held invalid or unenforceable, such condition or provision shall be fully severable and the remainder of these terms shall not be affected by such invalid or unenforceable provision and shall remain in full force and effect.
No Waiver: No failure or delay in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy. The right to require performance hereunder shall not be affected by any previous waiver, forbearance or course of dealing. This means that even if AGATE does not immediately require Customer’s strict compliance with these terms, AGATE has the right to require Customer to comply with these terms at a later time.
Changes: AGATE reserves the right to change prices, terms, and conditions at any time without notice.
Your Responsibility: YOU ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT, INCLUDING ITS PROPER AND SAFE DEPLOYMENT. INFORMATION ABOUT THE PRODUCTS, SUCH AS REPAIR INFORMATION, DATA, TIPS, INSTRUCTIONS, AND OTHER TROUBLESHOOTING MATERIALS PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU FREE OF CHARGE (“REPAIR MATERIALS”) AND WITH NO PROMISES, REPRESENTATIONS, OR WARRANTIES.
Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alberta, Canada.
Terms Of Service
Agate Tile & Stone Inc.
TERMS OF SERVICE
Last Updated: March 29, 2021
This website is operated by Agate Tile & Stone Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Agate Tile & Stone Inc.. Agate Tile & Stone Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not fully responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Terms of Sale.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Agate Tile & Stone Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Agate Tile & Stone Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 18415 104 Ave NW, Edmonton, AB, T5S 2V8, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com