1. Restrictions on Use
EMINENCE HARDSCAPE grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "Content") on the Site solely for your personal, non-commercial use. EMINENCE HARDSCAPE may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the proprietary intellectual property of EMINENCE HARDSCAPE and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, EMINENCE HARDSCAPE grants you no other privileges or rights in any of the Works. You may only use the Site, the Content and the Works for personal, non-commercial purposes. Any commercial use of the site is strictly prohibited. You acknowledge that any other use of the Site, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of EMINENCE HARDSCAPE, which may be withheld in its sole discretion, is strictly prohibited.
2. Third Party Web Sites
EMINENCE HARDSCAPE may from time to time provide links and pointers on the Site to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. EMINENCE HARDSCAPE has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and EMINENCE HARDSCAPE is not responsible for any information provided at any Third Party Sites. EMINENCE HARDSCAPE makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that EMINENCE HARDSCAPE has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by EMINENCE HARDSCAPE with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. EMINENCE HARDSCAPE expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.
3. Timeliness of Information
All press releases and other information contained on the Site were, to the best of EMINENCE HARDSCAPE's knowledge, timely and accurate when issued. However, the passage of time may render certain information incomplete or inaccurate. EMINENCE HARDSCAPE is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.
4. Adult Usage
The Site is intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Site or order products or services from EMINENCE HARDSCAPE via the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides EMINENCE HARDSCAPE with personally identifiable information, please contact us at firstname.lastname@example.org. EMINENCE HARDSCAPE will use reasonable efforts to delete all personally identifiable information regarding your child from its databases.
6. Disclaimer of Warranties
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. EMINENCE HARDSCAPE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN EMINENCE HARDSCAPE AND YOU.
7. Limitation of Liability
EMINENCE HARDSCAPE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL EMINENCE HARDSCAPE, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, EMINENCE HARDSCAPE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITE.
You agree to indemnify, defend (at EMINENCE HARDSCAPE's sole option) and hold harmless EMINENCE HARDSCAPE and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorney fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Site.
Each of the Site URLs as well as EminencePools.com and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of EMINENCE HARDSCAPE or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from EMINENCE HARDSCAPE. Without limiting the generality of the foregoing, EMINENCE HARDSCAPE specifically prohibits the use of any Mark as a "hot" link to any Site unless the establishment of such a link is approved in advance by EMINENCE HARDSCAPE in writing. Failure to obtain such approval shall entitle EMINENCE HARDSCAPE to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
10. Information Provided by Third Parties; Feedback
Certain parts of the Site may contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Site is of a general nature and is designed for educational purposes only.
All remarks, suggestions, ideas, graphics, or other information communicated to EMINENCE HARDSCAPE through this site (together, the "Submission") will forever be the property of EMINENCE HARDSCAPE. EMINENCE HARDSCAPE will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future EMINENCE HARDSCAPE operations. Without limitation, EMINENCE HARDSCAPE will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. EMINENCE HARDSCAPE will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not EMINENCE HARDSCAPE, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
EMINENCE HARDSCAPE makes no representation or claims that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.
By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.