This Terms of Service Agreement (“Agreement”) is entered into by and between M&B Tile and Grout LLC, a Colorado limited liability company (“Owner”) and any user or visitor (“You” or “Your”) of the Website (defined below) (You and Owner collectively “Parties” and each a “Party”). 

Your access to and use of the Website is conditioned upon Your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use the Website. 

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Owner are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Owner respects the privacy of its users. Please refer to Owner’s Privacy Policy, which is fully incorporated herein by reference and which explains how we collect, use and disclose information that pertains to Your privacy. When You access or use the Website, You signify Your agreement to this Privacy Policy. 

Content on the Website is provided to you AS IS for Your information and personal use only and should be accessed and used by You at Your own risk. Although reasonable efforts are used to ensure that the Website will be current and will contain no errors or inaccuracies, no representations, warranties, guarantees or conditions (whether express or implied) are given as to the operation of the Website or that the Website and the information, content, or materials included in the Website will be error free, completely accurate, or current at all times, or at any time.

Content of the Website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Owner. Owner reserves all rights not expressly granted in and to the Website and the content. No copying of the Website, in whole or in part, is permitted without the express written authorization of Owner.

All content, including without limitation, all text, design, graphics, drawings, photographs, code, and software, and all organization and presentation of such content, which forms a part of the Website, are subject to intellectual property rights, including copyright and trade-marks held by or licensed to Owner. All such rights are expressly reserved.

“Springs Grab Bar”,  and certain other names, words, logos, slogans, and images used on the website are the property of, and are subject to, trade-mark rights held by the Owner. Certain other trade-marks, trade names, words, logos, slogans, and images listed on the Website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. 

The Website may contain links to third-party websites that are not owned or controlled by Owner. Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Owner will not and cannot censor or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE OWNER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. The provision of any link on the Website does not constitute an endorsement of such linked website by Owner.

Owner, and its directors, employees, agents, representatives, successors, and assigns shall not be liable for any damages whatsoever arising out of or related to access to, or use of, the Website or any other website linked to the Website, whether or not such damages might be foreseeable and even if  Owner is informed of their possibility, including without limitations liability for direct, indirect, special, punitive, incidental, or consequential damages (including lost profits, lost savings, business interruption, or loss of data).

This Agreement related to the use of this Website, together with the Website Privacy Policy, constitute the entire agreement between Owner and You pertaining to the subject matter hereof, and supersede any and all written and oral agreements previously existing between the Parties with respect to such subject matter.