Welcome to our website. By continuing to visit and browse this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern ModuTile’s relationship with you regarding this website. If you disagree with any part of these terms and conditions, please do not use our website. The term “ModuTile” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website. The use of this website is subject to the following terms of use.
Sales Tax
8.25% Texas Sales Tax applies to all items that are shipped to Texas addresses or items that are retrieved from our warehouse.
Warranty
What is covered: All products are warranted against defects in materials and workmanship.
Who is covered: This warranty extends only to you as the original purchaser for a residential application.
What is not covered: This warranty does not cover normal wear and tear or any damage or loss caused by abuse, misuse or improper installation. All materials can lose original intensity after long exposure to the sun. When left for extended periods in direct sunlight, plastics tend to crack. We consider these things normal wear and tear not covered by this warranty. Colors may vary from lot to lot and may not exactly match sample swatches or previous purchases. Product shipped and used out of the 48 Contiguous States is not covered under warranty.
Length of Coverage: Please review each product description for length of the warranty for the specific product you are interested in. The one-time warranty coverage applies only to the original retail buyer of said product. Any implied warranties that you may have are in duration to the time during which you, as the original retail buyer, owns the products. Some states do not allow limitations on how long an implied warranty lasts. Please see individual product specifications for exact warranty information. Commercial usage has a limited replacement only warranty of one year from the time of purchase.
What We Will Do: If your product is defective during the warranty period, we will, at our discretion, either repair or replace, without charge, that defective product. This shall be your sole remedy under this one-time warranty coverage.
No Liability for Incidental or Consequential Damages: Repair or replacement of defective products is your sole remedy under this warranty. In no event shall we be liable for transportation costs to or from the buyer’s location or dealer location, costs of removal or re-installation of our products, addtional replacements, or incidental or consequential damages.
How to get Service: To obtain service under this warranty, return your products along with the original sales receipt to the dealer from which it was purchased. You will be responsible for transporting the product to and from the place you purchased the product.
Your rights under State Law: This warranty gives you specific legal rights; you may also have other rights, which may vary from state to state.
Phone Orders
All Phone order customers are responsible for verifying the information on the order confirmation that is emailed to them after checkout. Customers that fail to do so will void the satisfaction guarantee on the website. This is a tool to ensure no mistakes are made. We strongly suggest that you review your email confirmation after every order. If a customer does not receive an email confirmation for any reason, such as an incorrectly entered email address, it is the customer’s responsibility to contact ModuTile in order to obtain their confirmation email. All other terms and conditions apply to phone orders.
Miscellaneous Terms & Conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. When using any equipment, please review the instructions and safety precautions for proper use of said equipment.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Texas, USA.
Registration Obligations
To access certain portions of this web site, you must register with ModuTile by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, ModuTile reserves the right to terminate your Personal Profile account and suspend your use of any and all services offered through this web site.
You agree that you are responsible for maintaining the confidentiality of your userID and password, and you are fully responsible for all activities that occur under their use. You agree to immediately notify ModuTile of any unauthorized use of your UserID and/or password and to contact us to disable the UserID / password if you suspect the integrity of your password has been compromised. Providing you have a valid UserID, you may at any time request a password change by contacting webmaster@modutile.com.
In order to avoid the potential for unauthorized use of Your UserID and/or password, you agree to implement and abide by reasonable security procedures. Such procedures include, but are not limited to, the limited and confidential use and maintenance of passwords and the establishment of firewalls to reduce the risk of external security breaches. ModuTile shall not be liable for any errors or omissions arising from your failure to take reasonable security precautions. You shall indemnify and hold ModuTile harmless against all claims, damages, cost, judgments and liabilities arising out of your failure to establish and maintain reasonable security procedures.
Uploaded Content
You are entirely responsible for all Content (which means all data, documents, photographs or other information) that you upload, post or otherwise transmit via this Web Site. You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall hold harmless and indemnify ModuTile from all liability associated with damage or destruction to the Content and your violation of these Terms and Conditions in general.
Disclaimer of Warranties
ModuTile makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does ModuTile make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY PROVIDED OTHERWISE, MODUTILE PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS MODUTILE PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, MODUTILE DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF THE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL BLOCKTILE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF MODUTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WHILE MODUTILE MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE, MODUTILE ASSUMES NO RESPONSIIBLITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. MODUTILE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MODUTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless ModuTile, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees, bank references and collection expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your violation of these Terms of Use or in connection with your use of this web site, its Content, features or functionality.
Termination of Use
ModuTile may discontinue, suspend or modify this web site at any time without notice, and may block, terminate or suspend your access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any Content appearing on or available through this Web Site. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that you are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Governing Law
This Agreement and the relationship between you and ModuTile shall be governed by and construed in accordance with the laws of the State of Texas without regard to any principals governing conflicts of law that might cause the laws of another jurisdiction to apply. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a Texas court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be barred forever.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
