Terms of Service
Effective Date: January 1, 2025
Welcome to Grain & Tile. These Terms of Service ("Terms") govern your access to and use of the grainandtile.com website and all related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
By accessing grainandtile.com, creating an account, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Grain & Tile. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
Grain & Tile provides educational content, installation guides, product reviews, and flooring advice based on 18 years of professional installation experience. Our Service includes articles, tutorials, comparison guides, and recommendations designed to help homeowners make informed decisions about flooring materials, installation methods, and maintenance practices. The content provided through grainandtile.com is for informational and educational purposes only and should not be considered professional advice for your specific situation.
3. User Accounts and Responsibilities
Certain features of the Service may require you to create an account. When creating an account on grainandtile.com, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that you meet this age requirement. You are solely responsible for your account and any content you post or actions you take through the Service.
4. Acceptable Use
You agree to use the Grain & Tile Service only for lawful purposes and in accordance with these Terms. You specifically agree not to:
Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
Transmit any material that is defamatory, obscene, offensive, hateful, or otherwise objectionable
Impersonate or attempt to impersonate Grain & Tile, our employees, another user, or any other person or entity
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
Use any robot, spider, scraper, or other automated means to access the Service without our express written permission
Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service
Use the Service to advertise or offer to sell goods and services without our prior written consent
5. Intellectual Property Rights
All content on grainandtile.com, including but not limited to text, graphics, logos, images, videos, installation guides, articles, and software, is the property of Grain & Tile or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Grain & Tile.
You may access and use the content on grainandtile.com for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent, except as follows: you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
6. User Content and Submissions
The Service may allow you to post comments, questions, reviews, photographs, or other content ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. However, by posting User Content on grainandtile.com, you grant Grain & Tile a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that: (a) you own or have the necessary rights to post your User Content; (b) your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity; and (c) your User Content does not contain any defamatory, libelous, obscene, or otherwise unlawful material. We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.
7. Disclaimers and No Warranties
THE SERVICE AND ALL CONTENT ON GRAINANDTILE.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GRAIN & TILE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While we strive to provide accurate and helpful information based on professional flooring installation experience, Grain & Tile makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate or reliable; or (d) any errors in the Service will be corrected.
The flooring advice, installation guides, and product recommendations provided on grainandtile.com are based on general industry knowledge and personal experience. Every flooring project is unique, and conditions may vary. You acknowledge that you use any information from the Service at your own risk and that you should consult with qualified professionals before undertaking any flooring project.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAIN & TILE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL GRAIN & TILE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless Grain & Tile, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your User Content; or (d) your violation of any rights of another person or entity.
10. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, and without liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by discontinuing your use of the Service and contacting us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Grain & Tile operates, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in the applicable jurisdiction, and you consent to the personal jurisdiction of such courts.
You and Grain & Tile agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through good faith negotiation before pursuing formal legal action.
12. Changes to Terms
Grain & Tile reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the updated Terms on grainandtile.com and updating the "Effective Date" at the top of this page. We may also notify you via email or through a notice on the Service.
Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service. We encourage you to review these Terms periodically to stay informed of any updates.
13. Miscellaneous
These Terms constitute the entire agreement between you and Grain & Tile regarding the use of the Service and supersede any prior agreements. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The section titles in these Terms are for convenience only and have no legal or contractual effect.
14. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us:
Grain & Tile
Email: [email protected]
Website: grainandtile.com
We will make reasonable efforts to respond to your inquiries in a timely manner.