Terms of Use

Terms of Use

These Terms of Use are Effective as of: May 1, 2016
Please scroll to the end of these Terms of Use to view any material modifications.

DMCA Notice Included Below

These Terms of Use apply to the viewing or use of this website which is found at http://s3surfacesolutions.com/ (the “Website”). This Website is owned and operated by S3 Surface Solutions, LLC, a Florida limited liability company (the “Company”). The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of the Website. Please review the following terms carefully. By accessing or using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Website.

I. MODIFICATION OF THESE TERMS OF USE

We can amend these Terms of Use at any time, and without prior notice to you. If we do we will make the amended Terms of Use available on the Website, and will post a notice of the amendment on our homepage and/or sending an email to the email address you provided to us. It is your sole responsibility to check the Website from time to time to view any such amendments. IF YOU CONTINUE TO USE THE WEBSITE AFTER THESE TERMS OF USE HAVE BEEN AMENDED, THEN THIS SHALL SIGNIFY YOUR AGREEMENT TO OUR AMENDED TERMS OF USE. Please scroll to the end of these Terms of Use to view any material modifications.

II. PRIVACY POLICY

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (found here: http://s3surfacesolutions.com/privacy-policy/) 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.

III. AGE RESTRICTION

You need to be at least 13 years old and a resident of the United States to use the Website.

IV. USE RESTRICTIONS.

Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  1. (i)  post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
  2. (ii)  use the Website for any unlawful purpose or for the promotion of illegalactivities;
  3. (iii)  attempt to, or harass, abuse or harm another person or group;
  4. (iv)  use another user’s account without permission;
  5. (v)  provide false or inaccurate information when registering an account;
  6. (vi)  interfere or attempt to interfere with the proper functioning of the Website;
  7. (vii)  make any automated use of the system, including using any web crawlers orscripts, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  8. (viii)  bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data;
  9. (ix)  distribute, assign, resell, sublicense, or otherwise transfer the contents of the Website or the products or services sold hereon without the prior written consent of the Company;
  10. (x)  change, modify or make derivative works based on the contents of the Website or the products or services sold hereon;
  11. (xi)  copy, “mirror”, “frame” or “ghost” the Website or the products or services sold hereon on any other server, computer or device; or
  12. (xii)  publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

V. POSTING AND CONDUCT RESTRICTIONS.

When you post, upload, link to or otherwise make available your own content on the Website, such as through a blog, chat room or forum on the Website, this is called “User Content”. You are solely responsible for the User Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Website at its sole and absolute discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:

  1. (i)  You will not post information that is malicious, false or inaccurate;
  2. (ii)  You will not submit content that is copyrighted or subject to third partyproprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  3. (iii)  You understand and agree that any User Content you post shall not be treated as confidential, proprietary or private; and
  4. (iv)  You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website. Furthermore, you agree that the Company shall have no liability to you arising from any content, materials or information posted by others, including, without limitation, defamatory, illicit or offensive content or content that violates these Terms of Use.

VI. ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others, or for any other reason in their sole and absolute discretion. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us at

customercare@s3surfaces.com

VII. LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third

Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the other site.

VIII. SEPARATE AGREEMENTS FOR PRODUCTS OF SERVICES

In the event you desire to purchase products or services from this Website, you acknowledge and agree the Company reserves the right to require that you execute a separate written agreement for such purchase.

IX. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)

(“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at customercare@s3surfaces.com

  1. The date of your notification;
  2. A physical or electronic signature of the copyright owner or a person authorized to acton behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, arepresentative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject ofinfringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such asan address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the mannercomplained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty ofperjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Lee County, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

X. LICENSE GRANT

By posting any User Content on this Website, you expressly grant hereby, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, resell, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website or any Company products or services.

XI. INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

XII. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

XIII. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the Company in an

electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to customercare@s3surfaces.com or mail to the following postal address:

Customer Support:
______________________
Opting out may prevent you from receiving messages regarding the Company or special offers.

XIV. WARRANTY DISCLAIMER

THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES DESCRIBED OR OFFERED HEREON, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES DESCRIBED OR OFFERED HEREON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO PURCHASE OR USE OF THE PRODUCTS OR SERVICES DESCRIBED OR OFFERED HEREON IS AUTHORIZED EXCEPT IN ACCORDANCE WITH THESE DISCLAIMERS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. FURTHERMORE, IN THE EVENT IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN THE DURATION OF SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM

DURATION REQUIRED BY LAW.

XV. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, REVENUE, USE OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES DESCRIBED OR OFFERED HEREON; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a vendor or merchant of a product or service offered on the Website, or that you review using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

XVI. GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights

under this these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions. The state and federal courts situated in Lee County, Florida shall be the exclusive jurisdiction and venue for all legal proceedings arising under these Terms of Use or relating in any way to the Website, or its contents, products or services described or offered hereon.

You acknowledge that this Website is only intended to be viewed from within the United States. Access from any other country where this Website’s contents are unlawful is not authorized. Furthermore, all information that you provide to us shall be stored on our servers in the United States. In the event that you reside outside the United States, and you use this Website, by your use of this Website you consent to the collection, storage and transfer of your information to the United States.

Notice of Consumer Rights for California Consumers: Under California Civil Code Sec. 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affair may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or by phone at 916-445-1254, or (800) 952-5210.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

The Company shall not be liable for damages caused, in whole or in part, as a result of failures or delays due to reasons beyond our reasonable control or due to reasons without our fault or negligence, including, without limitation, failures or fluctuations in electric power, heat, light,

air conditioning, communications or telecommunication equipment, Acts of God, wars, riots, fire, flood, hacking, boycotts, labor strikes and compliance with any regulation, order or requirement of any governmental body or agency.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://s3surfacesolutions.com/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

XVII. CONTACT US
If you have any questions about these Terms of Use, please feel free to contact us at:

S3 Surface Solutions, LLC
1558 Serrano Circle
Naples, FL 34105
E-mail: customercare@s3surfaces.com

XVIII. MATERIAL MODIFICATIONS

Dates of Material Modifications after May 1, 2016: None