Terms of Use

  • Parties
  • Acceptance of Terms
  • Limited Purpose of Site
  • No Guarantees
  • Interruptions and Cancellation
  • Your Linking & Use
  • Third-Party Sites
  • Intellectual Property & Limited License
  • Disclaimer
  • Limitation of Liability & Indemnification
  • Dispute Resolution; Applicable Law and Forum
  • Miscellaneous
  • WhyTile.com®’s details

WhyTile.com® and its owners (“Why Tile®”, “we” or “us”) provide this website and any content posted on it (collectively, the “Site”) to all entities and individuals accessing this Site (“you” or “user”), subject to the following Terms of Use (“Terms”), which constitutes an agreement between you and us. The term “affiliates” includes our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site. Notwithstanding the foregoing, nothing in these Terms is intended to create any relationship between such entities that does not otherwise exist.

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.

This Site uses cookies. By using this Site and agreeing to these Terms, you consent to this Site’s use of cookies in accordance with the terms of WhyTile.com®’s privacy policy / cookies policy.

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 info@whytile.com.

Guidelines for Use of Why Tile® Marks

Because Why Tile℠, WhyTile.com®, and any logos or other domain names incorporating the Why Tile℠ mark (collectively, the “Why Tile Marks”) are service marks, they should be used according to certain guidelines as set forth below (the “Guidelines”), which can be canceled, modified, or changed at any time without notice. Your use of any of the Why Tile® Marks or WhyTile.com® shall be deemed consent to these Guidelines, as well as to the Terms of Use and any other policies appearing on WhyTile.com®. If you would like permission to use any of the Why Tile® Marks, whether on your company’s website, promotional literature, product packaging, or otherwise, please contact us first.

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 (kmeyer@tcnatile.com).