1.1 Privacy Policy. DISCOUNTTILE.COM believes strongly in protecting user privacy and providing you notice of DISCOUNTTILE.COM's collection and use data, including personal information, collected from the Site. Therefore, DISCOUNTTILE.COM has adopted a Privacy Policy that you should refer to fully understand how DISCOUNTTILE.COM uses and collects information.

1.2 Terms of Sale. All orders placed via the Site are governed by DISCOUNTTILE.COM's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in DISCOUNTTILE.COM's sole discretion so you should review the Terms of Sale each time you make a purchase.

1.3 News Terms of Use (User Agreement)

1. By downloading, copying, reproducing, redistributing, printing, or using material owned by DISCOUNTTILE.COM and specifically made available on the DISCOUNTTILE.COM website, you signify your acceptance of this User Agreement and agree to all Terms of Use in this User Agreement.

2. “Material” means works whether written, graphical, photographical, visual, audio, and any subject matter owned by DISCOUNTTILE.COM that appears or has been implemented in the News Section on the DISCOUNTTILE.COM website.

3. As is the case with all material on the DISCOUNTTILE.COM website, material located in the DISCOUNTTILE.COM News Section is protected by copyright.

4. Permission (“Permission”) to use DISCOUNTTILE.COM’s News material is granted conditionally as set out in the News Conditions of Use.

5. Nothing in the granting of this Permission constitutes an irrevocable privilege or right on the part of the user.

6. DISCOUNTTILE.COM reserves the right to revoke permission to use any of its copyrighted materials in the event that DISCOUNTTILE.COM determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the conditions of use.

7. The user of the copyrighted material upon notice from DISCOUNTTILE.COM shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay.

After you have accepted these Terms of Use, you may open a customer account under the Account Registry section of the Site (the "Customer Account"). As part of the registration, the person who opens the Account on the Site (the "Administrator") may choose to provide to us the information of other users who are authorized to perform certain functions on the Administrator's behalf through the Account ("Authorized Users"). The Administrator shall specifically select which functions each Authorized User has the authority to perform via the Site.

Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.

You will receive a password and account designation when you have completed the Account information. If you are the Administrator of your Account, in consideration of your use of the Site, you agree:

(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;

(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for DEKO Tile products and services on behalf of you or your company;

(c) that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;

(d) that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;

(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you;

(f) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and

(g) that you are fully responsible for managing your Account, including but not limited to:

(i) maintaining the confidentiality of passwords and/or any Account information;

(ii) maintaining and promptly updating the Account information to keep it true, accurate, current and complete;

(iii) ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and

(iv) terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site by you. Account information and certain other information about you is subject to our Privacy Policy . For more information, please see our Privacy Policy.

All copyrighted and copyrightable materials on this Site, including, without limitation, the DISCOUNTTILE.COM logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are the property of DISCOUNTTILE.COM, ALL RIGHTS RESERVED Copyright © 209 DISCOUNTTILE.COM and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DISCOUNTTILE.COM or the respective copyright owner.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Terms of payment are within Discounttile.com’s sole discretion and unless otherwise agreed to by Discounttile.com, payment must be received or otherwise authorized or secured in a form approved by Discounttile.com prior to Discounttile.com’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Discounttile.com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Discounttile.com and the customer. Discounttile.com may invoice parts of an order separately. Orders are not binding upon Discounttile.com until accepted by Discounttile.com (see Order Acceptance Policy). Any quotations given by Discounttile.com will be valid for the period stated on the quotation. Discounttile.com reserves the right to adjust or cancel quotations as required.

Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer can not be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Discounttile.com’s suppliers, Discounttile.com shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Discounttile.com within thirty (3) days from the date the shipment was delivered. (see 8. “Limitations on Damages” or email: Claims@Discounttile.com.com). Discounttile.com shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. For goods ordered by the pallet or truckload and returned under our 30-Day Money Back Guarantee, Discounttile.com shall arrange for and incur all shipping charges. In the unlikely case that goods are damaged, Discounttile.com will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged.

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Discounttile.com’s invoice.

Title to product passes from Discounttile.com to Customer upon completion of shipment of product to Customer by Discounttile.com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by Discounttile.com is Discounttile.com’s responsibility.

All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by Discounttile.com is set out under the heading “Warranty” located on the Discounttile.com Site where each product is described. Such limited warranty applies to each sale by Discounttile.com of that respective product. Discounttile.com makes no express warranties except those stated in this agreement and in Discounttile.com’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Discounttile.com will be obligated to honour any such warranties, only upon Discounttile.com’s receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact Discounttile.com’s Claims Department for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific “Warranty”). The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through Discounttile.com’s Logistics Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product “Warranty.” Whenever possible or as outlined under “Warranty,” all items must be in “as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. Discounttile.com may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Discounttile.com’s Claims Department will advise Customer of the details specific to the warranty claim.

The warranties set out in this agreement are manufacturer-specific warranties for the product(s). Discounttile.com expressly disclaims all other warranties, guarantees or representations, whether express, implied, or statutory, including any implied warranty of merchantability or fitness for a particular purpose. Discounttile.com also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. Discounttile.com does not warrant that the product(s) will be error-free, or warrant that each defect will be corrected. Discounttile.com does not warrant that all products comply with specific geographical compliance or regulatory restrictions. It is customer’s responsibility to ensure that use of products purchased complies with local jurisdiction codes and with all regional, national and international laws and regulations. Discounttile.com further disclaims any patent/intellectual property rights, warranties or indemnities with respect to any locking/connecting system(s) used by manufacturers of all products sold by discounttile.com.

Discounttile.com does not accept liability beyond the remedies set forth herein. Discounttile.com will not be liable for lost profits, loss of revenue or of business or other consequential, special, indirect, or punitive damages, even if they were foreseeable or if discounttile.com was advised of the potential of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, discounttile.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement. This limitation will apply regardless of the form of action (i.e. whether the lawsuit is in contract or in tort, including negligence).

Customers who purchase by the pallet or truckload can return product for any reason within 5 days of delivery and get a full refund. The product must be returned in its entirety and in the same condition as when it arrived at the original destination and must not have been installed, removed and then returned. Discounttile.com will arrange pick-up of the product at no cost to the customer. This guarantee applies to all regular Discounttile.com products only and does not apply to clearance items, custom made and special orders. Customers who purchase by the container-load may cancel their order and receive a full refund up until the customer provides authorized acceptance of the Inspection Report. Authorized acceptance may be indicated directly on the Inspection Report (by way of customer signature); or by referencing the order number via email or fax. Signing the Inspection Report transfers the now completed order from the place of manufacture to the shipping company. At this point, it is too late for the customer to cancel or change any order.

All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.

Your access to, and use of the Site is governed by Discounttile.com’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Discounttile.com’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.