At WhyTile.com® (referred to as “us” or “we”), we recognize that your privacy is important. This Policy discloses the privacy practices for WhyTile.com® (the “Site”), as well as any related products and services that may be offered to you (collectively referred to as the “Services”). We may not currently offer all types of Services described in this Policy at this time, but this Policy is intended to apply present Services as well as additional Services that may be available in the future. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site.
We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in any account you may have established, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.
If you have any questions about this Policy, please feel free to contact us at: firstname.lastname@example.org.
IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Types of Information We Collect
We may collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for an account (if available), submitting content and/or posting content, or sending us feedback, we may ask you to provide certain information about yourself. Not all of these activities may be available for use at this time, and we may develop and make other activities available in the future, all of which may involve collection of PII.
Examples of PII may include your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone and facsimile numbers, and other identifying information. If any products are services are available on the Site, you may be asked to provide information to process a request or order.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use Information
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us depending on how you elect to use the Site. The following activities may not be available on the Site at this time, but if they are or are later added, they may involve requesting PII about you: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting a form or transmitting other information by telephone or letter; or (f) submitting your credit card or other payment information when ordering products and services. At present, we do not accept or collect credit card or other payment-related information directly on our Site.
We may also collect, and any third party advertising partners we have may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Any third party advertising partners we may have may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at out Site.
We may also use an outside advertising partner to display banner advertisements on our Site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party advertising partners with any of your PII or information about any purchases. We and our third party ad server, if any, will collect and use Aggregate Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Site in the same manner as above, but we will not disclose any PII to them.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Release of Information
We will not sell, trade, or rent your PII to others. We may provide our Services through contractual or other arrangements made with affiliates, service providers, partners and other third parties (“Affiliates”). We and our Affiliates may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to Affiliates and third party advertisers, but these statistics do not include any Personally Identifiable Information except as otherwise may be discussed in this Policy.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in any account you may have established online at any time by linking to your account in accordance with any instructions posted elsewhere on this Site. You may also access and correct your personal information and privacy preferences by emailing us at:
Attn: Privacy Compliance Officer
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
6. User Choices on Collection and Use of Information
We may, occasionally, send you email regarding new products, services, or information that we feel may interest you. In addition, if you indicated upon any registration you completed that you are interested in receiving offers or information, we may occasionally call or send you direct mail about products and services that may be of interest to you. Only we (or agents working on our behalf) will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations you can “opt-out” by accessing any account you established online and editing your account information to no longer receive such offers and mailings.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
7. Security of Your PII
We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
You must be at least 18 years old to have our permission to use this Site. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in any discussion forums or other public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages, including spam. Such activities are beyond our control and this Policy does not apply to such information.
Attn: Privacy Compliance Officer
Please include your name, address, and/or email address when you contact us.
WhyTile.com® is owned by Tile Council of North America, Inc., located at 100 Research Boulevard, Anderson, SC 29625.
- Acceptance of Terms
- Limited Purpose of Site
- No Guarantees
- Interruptions and Cancellation
- Your Linking & Use
- Third-Party Sites
- Intellectual Property & Limited License
- Limitation of Liability & Indemnification
- Dispute Resolution; Applicable Law and Forum
- WhyTile.com®’s details
Your use of this Site constitutes acceptance of these Terms and your agreement that they are reasonable and appropriate. If you do not agree to these Terms or if you believe they are not reasonable or appropriate, you must discontinue use immediately. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
The information published on the Site is provided without charge as a convenience to be used for informational purposes only, and it is intended solely for the general knowledge of visitors to the Site who, by virtue of agreeing to use this Site, have agreed to these Terms. Nothing on the Site constitutes advice, endorsement, or recommendations of any kind, and users are encouraged to obtain appropriate advice from qualified professionals in their respective jurisdictions. Nothing contained in this Site constitutes investment advice, or an invitation to invest or otherwise deal in units, shares or other securities of us or our Affiliates.
Although we have made reasonable efforts to provide accurate information on the Site, there may be inaccuracies and errors, including errors in information communicated to us and upon which we have relied. We do not guarantee or warrant the accuracy or completeness of the information on the Site, and we expressly disclaim liability for errors or omissions that may appear. The Site’s reference to any products, services, or other information, by trade name, trade mark, manufacturer, supplier, or otherwise does not necessarily constitute or imply our endorsement, sponsorship, or recommendation.
You agree that temporary interruptions of the Site may occur, and you further agree that we have no control over any third-party sites, networks, or service(s) that we may use to provide content on the Site. We reserve the right to suspend or cancel this Site or your right to use this Site at any time without notice or cause and in our sole discretion.
You may link to our Site, but only for accurate, non-disparaging, informational purposes and only according to these Terms. Your linking to our Site confirms your acceptance of these Terms. If you link to our Site, you must do so in a manner that does not improperly appropriate or portray the Site’s content as your own (including, by way of example only, by framing), and you may not do so in any manner that is illegal or that violates the rights of us, our Affiliates, or others. You may not link to our Site in a manner that disparages us or our Affiliates, including members of the ceramic tile industry. We reserve the absolute discretion to discontinue this permission for any reason or no reason, and you agree to comply with any and all of our notices and requirements relating thereto. You also agree to abide by any other policies we may announce concerning use of our domain name, www.whytile.com, or other service marks, including as discussed in these Terms.
You agree to comply with all applicable laws in connection with your use of this Site. You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without our express written consent.
You must not use this Site to transmit or send unsolicited commercial communications.
You must not use this Site for any purposes related to marketing without our express written consent.
As a convenience to you, the Site may contain links to and content from websites, services and content offered by third parties. You agree that we are not responsible for the accuracy, legality or any other aspect (including the privacy and data security practices) of such sites, services and content. When we include such links and content on the Site, we are not endorsing, sponsoring, verifying, or otherwise recommending any third-party site, service, or content. If you object to any such links or content, your exclusive recourse shall be with that third party and not with us.
All materials posted on the Site are subject to copyright and are protected by United States and international copyright laws, in addition to other applicable intellectual property laws. Any reproduction, retransmission or republication of all or part of any document found on the Site is expressly prohibited unless the owner of the material has expressly granted its prior consent for such use. Your use of this Site shall not provide you with any ownership or other rights to the content.
Notwithstanding the foregoing, you may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless we expressly authorize in writing, you must not:
- republish material from this Site (including republication on another website);
- sell, rent or sub-license material from the Site;
- show any material from the Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
- edit or otherwise modify any material on the Site;
- or redistribute material from this Site except for content specifically and expressly made available for redistribution.
* Where content is specifically made available for redistribution, it may only be redistributed according to the criteria specified with the content.
Our service marks include Why TileSM, www.whytile.com, and the Why Tile® logo. We may post guidelines on the Site concerning use of our marks, and you agree to abide by those guidelines. All other trademarks or service marks on the Site that do not belong to us are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or name appearing on the Site.
This Site is for informational purposes only and is offered free of charge for your use at your own risk. You assume full responsibility and risk of loss resulting from your use of this Site and any information on this site.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR BE APPROPRIATE FOR YOUR PARTICULAR USE, (B) THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, OR (C) THE INFORMATION ON THE SITE WILL BE COMPLETE, TRUE, ACCURATE, NON-MISLEADING, CURRENT, OR RELIABLE. WE MAY MAKE CHANGES TO THE CONTENT APPEARING ON THE SITE AT ANY TIME WITHOUT NOTICE, BUT WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR CORRECT ALL POTENTIAL ERRORS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. NEVERTHELESS, THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES EVEN IF WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF THE THEORY UPON WHICH THE CLAIM IS BASED. IN ANY EVENT, THE TOTAL EXTENT OF OUR LIABILITY AND OUR AFFILIATES’ LIABILITY IS FOR US TO DISCONTINUE YOUR USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY CONDUCT REGARDING OUR SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY WAIVE AND WILL NOT PURSUE ANY CLAIMS AGAINST OUR AFFILIATES, INCLUDING OUR OFFICERS AND EMPLOYEES, RELATING TO OR ARISING FROM THIS SITE.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW ALL OF THESE EXCLUSIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. NEVERTHELESS, THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS SITE OR YOUR BREACH OF THESE TERMS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing legal proceedings against you.
You agree that all disputes arising from or related to your use of the Site or these Terms will be resolved exclusively through confidential, binding arbitration in the State of South Carolina or another forum mutually agreed upon by you and us, pursuant to the Commercial Rules of the American Arbitration Association (“AAA Rules”) by a sole arbitrator nominated by agreement of you and us and confirmed in accordance with the AAA Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we are entitled to seek preliminary injunctive relief in a court of competent jurisdiction to enforce any of the terms of these Terms pending a final arbitral decision.
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any choice of principles.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and at their own risk. You are responsible for compliance with local laws in your jurisdiction. Any offer made in connection with this Site is void where prohibited.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Our failure to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision or of any other right or provision.
These terms and conditions constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements of the parties with respect thereto. Notwithstanding the foregoing, other policies present on the Site may supplement these Terms or contain additional important limitations.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise enter transactions concerning your rights and/or obligations under these Terms.
The Site is owned and operated by Tile Council of North America, Inc. and has a registered address at 100 Clemson Research Blvd. Anderson, SC 29625-6548.
If you believe there has been a violation of our Terms, if you have any questions, or if you would like to contact us for any other reason, please contact us at email@example.com.
Guidelines for Use of Why Tile® Marks
The Why Tile® Marks may only be used to refer to the genuine Why Tile℠ campaign as described on WhyTile.com®. Use of the Why Tile® Marks is by permission only, at our unilateral and absolute discretion, and such use does not grant any ownership interest in the Why Tile® Marks. As such, do not take any action inconsistent with this limited permission, including by claiming ownership of the Why Tile® Marks, applying for or registering any marks, domain names, handles, or usernames that incorporate the Why Tile® Marks, or by challenging the Why Tile® Marks.
When using the Why Tile® Marks, they should be fully visible and not obscured, and should be used in a manner that distinguishes them from surrounding text as service marks. For example, the Why Tile® Marks can be shown in bold or in all caps, using the “SM” symbol, or in other ways that distinguish them or alert readers to their status as service marks, including through explanation in legends. Do not alter the Why Tile® Marks in any manner.
You may not use the Why Tile® Marks in a manner that is likely to confuse, deceive, mislead, or harass others, in a manner that is likely to dilute, tarnish, or disparage the Why Tile® Marks or Why Tile℠ campaign, or in any manner that is unlawful. You may not use the Why Tile® Marks to disparage members of the ceramic tile industry or any of their products or services.
These Guidelines are not exclusive, are in addition to any further limitations that may be imposed for specific uses, and should not be deemed to preclude further restrictions on use of the Why Tile® Marks.
If you have any questions on the proper use of the Why Tile® Marks, or if you would like permission to use any of the Why Tile® Marks, please contact Kathy Meyer (firstname.lastname@example.org).