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.
USE OF THE WEBSITE
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accuracy and integrity of all information provided in the Materials, but the COMPANY is not responsible for misprints, out-of-date information, or errors in the Materials.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.
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.
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 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.
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.
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.
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.
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.
ARBITRATION AND APPLICABLE LAW
COMPLIANCE WITH LAWS