Terms and Conditions

ACCEPTANCE OF THE TERMS OF USE

Welcome to the website of Terra Bella Marble, Inc. ("Company", “Terra Bella Marble”, “our”, "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, //www.terrabellamarble.com, including any related web pages, content, functionality and services offered thereon (the "Website"). YOUR USE OF THE WEBSITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. This Website is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America.

PRIVACY POLICY

The Company’s Privacy Policy describes our privacy practices with regard to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Use.

We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Website. You will be notified of any material changes to our Terms of Use on this page under “Last Update”, below. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. We may also notify registered users of material changes to these Terms of Use by email or on their user account page. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the "Content") is the sole and exclusive intellectual and proprietary property of Terra Bella Marble and is similarly protected by the laws of the United States regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, nationally and internationally. All Content is owned, controlled, and/or licensed by Terra Bella Marble, or by any other party designated as the owner or provider of any aspect of such Content as noted. Therefore, you must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website. No legal right, title or interest relating to any intellectual property owned, controlled, and/or licensed by Terra Bella Marble from any other third party as designated on the Website, shall be transferred to you or any other person as a result of your use of this Website.

WEBSITE ACCESS AND LIMITED LICENSE

Terra Bella Marble grants you a limited, non-exclusive, non-transferable, revocable, right to access, use and display the Website and its Contents for your personal use only. You may download a copy of the Website (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, with respect to the copyrights, trademarks and service marks of Terra Bella Marble, its affiliates or any third parties that are identified). Except as otherwise provided herein, you may not reverse engineer, copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Terra Bella Marble. In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Website or any Content. We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice, if we have reason to believe you have violated, or have attempted to violate, in any way, these Terms of Use.

REGISTRATION

Certain areas of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

PROHIBITED USES

By accepting the within Terms of Use, you hereby agree to use the Website for lawful purposes only and You specifically agree not to use the Website for any of the following improper purposes: Use that in any way that violates any applicable federal, state, local and international law or regulation. To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website
• Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).
• Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
• • Attempt to gain unauthorized access to, interfere with, hack into, decrypt, 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 (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).
• Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.

Although we have made every effort to display as accurately as possible the colors, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, description of products, or other Content on this Website. Terra Bella Marble reserves the right in its sole and absolute discretion, to correct any typographical mistakes, inaccuracies, errors or omissions.

Terra Bella Marble does not warrant or claim to have verified the identity of any user providing User Generated Content. There may be users who post under a false identity. Terra Bella Marble reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any subpoena, law, regulation, government request or court order, to the fullest extent of the law. For information on our privacy policies regarding personal information collected on the Website, please see our Privacy Policy.

You shall indemnify, defend and hold harmless Terra Bella Marble, its affiliates, and their respective officers, directors, managers, agents, employees, shareholders, service providers, suppliers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of or based upon, the improper or unlawful use of the Website or breach of these Terms of Use by you or any third-party user of your account. Terra Bella Marble reserves the right, at its own expense, to assume the exclusive defense and control of any such Proceeding otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Terra Bella Marble.

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. NEITHER TERRA BELLA MARBLE, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TERRA BELLA MARBLE AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR LAW, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR TRADE USAGE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TERRA BELLA MARBLE OR ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF TERRA BELLA MARBLE OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TERRA BELLA MARBLE AND ITS ASSOCIATED PERSONS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $100, IN THE AGGREGATE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws. The sole and exclusive jurisdiction for any claim, dispute or Proceeding (“Action”) arising out of or related to these Terms of Use shall be in the State or Federal courts located within Westchester County in the State of New York. You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise. To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise. You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred. Notwithstanding the foregoing, (1) if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (2) we reserve the right to bring an Action against you for a breach of these Terms of Use in your state of residence or any other relevant country (if you reside outside the U.S.).

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: info@terrabellamarble.com and insert “Re: Copyright Violation” in the subject line header of the email.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Terra Bella Marble with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Contact Us

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: info@terrabellamarble.com

(c) TERRA BELLA MARBLE, INC. ALL RIGHTS RESERVED.