TERMS OF USE
Welcome to Moore-Merkowitz Tile, Ltd. (the "Service"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
This Site at www.mooremerkowitztile.com is fully controlled and operated by Moore-Merkowitz Tile, Ltd., a New York corporation (“Moore-Merkowitz” or "Company").
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Moore-Merkowitz for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.
This document sets forth the terms of use and conditions governing your use of the Site. In these Terms of Use, “you” refers to you individually and you on behalf of any company or entity that authorizes you to use and access the Site.
Site Disclaimer
The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information, and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Moore-Merkowitz disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, or that the Site and Site Materials are free from viruses as to the Site and the information, content and materials contained therein.
Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Moore-Merkowitz name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Moore-Merkowitz and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product or service listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of Moore-Merkowitz, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
PERMITTED USES. Moore-Merkowitz welcomes the visitors to its website to share the Site Materials on social media provided that a link back to the Site is included in each post, pin, tweet, or share. Designers, architects, and other trade professionals are welcome to use the Site Materials in their portfolios or for client proposals when sourcing Moore-Merkowitz products. For high resolution images or more information, please contact: mmtile@mooremerkowitztile.com
Trademark Information
MOORE-MERKOWITZ is a trademark of Moore-Merkowitz. Moore-Merkowitz claims all rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Moore-Merkowitz or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Moore-Merkowitz by sending an e-mail to mmtile@mooremerkowitztile.com, or writing to Moore-Merkowitz at PO Box 280, Alfred Station, NY, 14803, to request written permission to use trademarks, indicia of origin and materials on the Site for purposes other than stated in these Terms of Use or for all other questions relating to the Site.
All rights not expressly granted are reserved.
Limitation on Liability
To the maximum extent permitted by applicable law, Moore-Merkowitz and its shareholders, officers, directors, employees or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Moore-Merkowitz, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Moore-Merkowitz's records, programs or services. In no event shall the aggregate liability of Moore-Merkowitz, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site, exceed any compensation you pay, if any, to Moore-Merkowitz for access to or use of the Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Jurisdiction and Compliance with Laws
Access to and use of the Site and these Terms of Use are governed by U. S. federal law and/or the laws of the State of New York, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any legal action or proceeding relating to your access to or use of the Site or these Terms and Conditions shall be instituted only in a state or federal court located in Allegany County, New York. You and Moore-Merkowitz agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Termination
Notwithstanding any of these Terms of Use, Moore-Merkowitz reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Moore-Merkowitz’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at: mmtile@mooremerkowitztile.com