Terms of use

Welcome to Acquabella.us (the “Website”)!

We, ENGINEERED STONE GROUP LLC (the “COMPANY”, “we,” “us,” and “our”), are making the Website available in order to provide you with information about our products and services.

Your access to the Website is subject to the terms of use set forth below (“Terms of Use”).

Your use of the Website confirms your agreement to, and acceptance of, these Terms of Use in their entirety. If you do not accept these Terms of Use, please do not use the Website.

If you are an individual accessing or using the Website on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms of Use on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms of Use. References to “you” and “your” in these Terms of Use refer to both the individual using the Website and to any such Organization.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “ARBITRATION AND APPLICABLE LAW” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

USE OF THE WEBSITE

Subject to your continued acceptance of, and compliance with, these Terms of Use, you are granted a revocable, limited, non-exclusive, non-transferable license to access and use the Website and the information and content (including specifications, catalogs, manuals, and videos) available on or downloadable from the Website (collectively, the “Materials”). Except as expressly provided in these Terms of Use, you may not reproduce, modify, display, or distribute any Materials without the COMPANY’s prior written consent.

Additionally, you agree that you will not:

(a)         use the Website or any Materials for illegal purposes or in violation of any applicable laws or regulations;

(b)         remove, obscure, or otherwise alter any proprietary notices appearing on the Website or on any Materials, including copyright, trademark, and other intellectual property notices;

(c)          provide any information to the COMPANY (including through the Contact form on the Website) that is not true, accurate, current, and complete;

(d)         use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Website pages or Materials, except as expressly permitted by the COMPANY;

(e)         interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, Trojan horse, denial of service attack, or other limiting routine, instruction, or design;

(f)          take any action that imposes an unreasonable or disproportionally large load on the Website’s infrastructure; or

(g)         assist or permit any persons in engaging in any of the activities described above.

Reasonable efforts are taken to ensure the accuracy and integrity of all information provided in the Materials, but the COMPANY is not responsible for misprints, out-of-date information, or errors in the Materials.

The COMPANY reserves the right, for any reason, at its sole discretion, and at any time, to terminate, change, suspend, or discontinue any aspect of the Website and to revise, modify, update, or otherwise change any Materials.

LOGIN CREDENTIALS

Certain features and areas of the Website are available only to users with a login and password (“Login Credentials”). You must keep your Login Credentials confidential, including taking appropriate measures to maintain confidentiality, such as logging off and closing your Internet browser. Your Login Credentials are personal to you, and you may not allow any third party to use your Login Credentials under any circumstances. The COMPANY is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Credentials. You must contact the COMPANY immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Credentials or if you otherwise wish to deactivate your Login Credentials.

PRODUCT OFFERINGS AND PRODUCT DESCRIPTIONS

Some of the products listed on the Website or in the Materials may only be available in limited quantities and may not be available after all stock of an item is sold. When an item is no longer available, we take reasonable steps to remove that item from the website in a timely manner.

You understand and agree that stone is a natural product subject to variations in size, color, shade, veining, texture, and polish. Photos on the Website and in the Materials are intended to convey the characteristics of a certain type of stone, but variations will occur.

Information that the COMPANY publishes on the Website or in the Materials may contain references or cross-references to products, programs, or services offered by third parties, including, for example, illustrations/photos of third party products. Any description or reference to non-COMPANY products, programs, or services on the Website or in the Materials is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, programs, or services by the COMPANY. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the COMPANY.

Catalogs, manuals, and technical documents made available on the Website are offered for the sole purpose of permitting customers and potential customers of the COMPANY to understand the dimensions, appearance, features, and functionality of COMPANY products.  Such Materials may not be used for any other purpose. You may print a single copy of such Materials for personal, non-commercial use provided you maintain any notices containted in such Materials, such as all copyright notices, trademark legends, and other proprietary rights notices.

LINKING POLICY

Third party websites linked to the Website are not controlled by the COMPANY and therefore the COMPANY is not responsible for the contents of any linked website or any link found on any linked website or any change or update of such websites. The COMPANY provides you with these links for your convenience only, and the inclusion of any link does not imply the COMPANY approves of or endorses the website or the content thereon. The COMPANY is not responsible for and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such third party websites.

Unless otherwise set forth in a written agreement between you and the COMPANY, if you desire to include a link to the Website from your website or otherwise share a link to the Website, you must adhere to the COMPANY’s linking policy as follows: (a) the appearance, position, and other attributes of the link may not be such as to damage or dilute the goodwill associated with the COMPANY’s name or any trademark, logo, or service mark of the COMPANY; (b) the link can not utilize any trademark, logo, or service mark of the COMPANY without the prior written approval of the COMPANY; (c) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the COMPANY; (d) when selected by a user, the link must display the Website full-screen and not within a “frame” on the linking site; and (e) the COMPANY reserves the right to revoke its consent to the link at any time in its sole discretion.

INTELLECTUAL PROPERTY RIGHTS

The COMPANY and its licensors own all intellectual property rights in the Website and the Materials, as well as the elements contained therein (for example, images, sound, audio, video, software, or texts; trademarks or logos, service marks, combinations of colours, structure and design, selection of used materials).

The Website and the Materials are protected by copyright laws and other intellectual property laws.  All rights not expressly granted in these Terms of Use are reserved. You agree to respect the intellectual property rights of the COMPANY and its licensors. Unauthorized use of any COMPANY (or of any third-party) intellectual property may violate the COMPANY’s or a third party’s legal rights.

The COMPANY is the owner of certain trademarks, trade names, service marks and logos that are listed below, as well as other trademarks, trade names, service marks and logos used on the Website (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed on the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the COMPANY. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks. You must obtain the COMPANY’s written permission prior to using any Company Trademark. All goodwill generated from the use of any Company Trademarks will inure to the COMPANY. Company Trademarks include: Acquabella, Akron, Dolotek, and Marmite.

SUBMISSIONS

Any information and materials, including comments, ideas, questions, designs, images, and other similar communications that you submit on or through the Website (collectively, “Submissions”) will be considered non-confidential and non-proprietary, and will not place the COMPANY under any fiduciary or other obligation. If you choose to make any of your personally identifiable or other information publicly available through the Website, you do so at your own risk.

You hereby grant to the COMPANY and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), transferable and irrevocable right and license to use, reproduce, modify, edit, translate, adapt, publish, distribute, transmit, publicly display, publicly perform, create derivative works from, transfer, analyze, sell, and otherwise exploit your Submissions (including any concepts, ideas, know-how or techniques contained therein), in any format or media not known or hereafter developed, for any purpose (including promotional purposes, such as testimonials), and to use, or at our discretion not use, your name and other identifying information in connection with your Submissions. You further irrevocably waive any “moral rights” or other rights in the Submissions, including without limitation any rights with respect to attribution of authorship or integrity of materials, that you may have under any applicable law under any legal theory.

You represent and warrant that you have all rights necessary to grant the licenses and waivers granted in this section and that your Submissions are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.

ADDITIONAL POLICIES

Your use of the Website confirms and acknowledges your agreement to be bound by and comply with any of the COMPANY’s other polices and disclaimers governing the use of the Website that are posted on the Website or provided to you electronically or otherwise.

For information about the COMPANY’s use and protection of your personal information, please see the COMPANY’s Privacy Policy, which is available at [https://acquabella.us/privacy-policy/]. The COMPANY’s Privacy Policy is incorporated into and made a part of these Terms of Use.

WARRANTY DISCLAIMER

It is your responsibility to take all appropriate technical measures to reasonably control the risks of open Internet browsing and avoid damage to your equipment, loss of data, and theft of confidential information. The COMPANY is not liable for damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns, and/or disconnections resulting from the operation or use of the Website.

THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATION OR OTHER MATERIAL TRANSMITTED TO OR FROM THE WEBSITE OVER THE INTERNET. THE COMPANY SHALL NOT BE OBLIGATED TO CORRECT OR UPDATE THE WEBSITE OR THE MATERIALS AND SHALL NOT BE LIABLE FOR OMISSIONS, TYPOGRAPHICAL ERRORS, OR OUT-OF-DATE INFORMATION THAT MAY APPEAR ON THE WEBSITE OR IN THE MATERIALS. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.

LIMITATION OF LIABILITY

YOUR USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE, AND/OR THE MATERIALS, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE AND THE MATERIALS, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT THE COMPANY HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, the COMPANY’s liability will be limited to the fullest extent permitted by applicable law.

VIOLATIONS

The COMPANY may terminate or suspend your access to all or part of the Website immediately and without notice for any conduct that the COMPANY, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of the COMPANY or any third party. Upon termination, you must immediately cease use of the Website and the Materials. The COMPANY reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Website from a particular Internet address.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the COMPANY and its affiliates, officers, agents, partners, members, and employees from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Website and the Materials, your violation of these Terms of Use, or your violation of any law or rights of a third party. The COMPANY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the COMPANY in asserting any available defenses.

ARBITRATION AND APPLICABLE LAW

The law applicable to these Terms Of Use shall be New York law, without regard to its principles of conflicts of law and regardless of your location.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

COMPLIANCE WITH LAWS

Although accessible by others, the Website and the Materials are intended for access and use by U.S. residents only. If you use or access the Website or the Materials from outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

MODIFICATION OF TERMS OF USE

These Terms of Use may be updated from time to time. Modifications to these Terms of Use will be valid as of their publication on the Website so it is important that you regularly review these Terms of Use. Your continued use of the Website following the posting of changes to these Terms of Use constitutes acceptance of those changes.

MISCELLANEOUS

These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference, set forth the entire understanding and agreement between you and the COMPANY with respect to the subject matter hereof. The COMPANY’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms of Use will remain in full force and effect.