Terms Of Use

Fitzgerald Stone & More (herein collectively, "The Tile Store," "we," "us." and "our" provide you with access to our website, https://peabodytile.com (hereinafter the "Website"), subject to the following Terms of Use. The Tile Store reserves the right to change these Terms of Use at any time. Your use of the Website confirms your unconditional agreement to and acceptance of the then current Terms of Use in their entirety. If you do not accept these Terms of Use, please do not use the Website.

The Tile Store makes no guarantee or warranty, express or implied, as to the currency, accuracy, or quality of information published and/or archived on this Website, including project templates or products produced thereunder, nor will The Tile Store accept any responsibility for other organizations, businesses, and private persons that provide information on the Website. All information on this Website regarding products and services provided by The Tile Store is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but The Tile Store is not responsible for misprints, out-of-date information, or errors. The Tile Store reserves the right to make changes or improvements at any time.

The Content included in the Website has been compiled from a variety of sources, and it is subject to change without notice, as are any products, programs, offerings, or technical information described in the Website. The Tile Store makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of the Website or its Content. The Website and the materials and information provided thereon are provided “as is.” The Tile Store disclaims any duty to update or revise any content on the Website, although it may modify content at any time without prior notice. By using the Website, you assume the risk that the Content on the Website may be inaccurate, incomplete, or may not meet your needs and requirements. THE TILE SHOP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE AND CONTENT. IN NO EVENT SHALL THE TILE SHOP, ITS AGENTS, OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR COMPUTER SYSTEM, INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE TILE SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBLITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, US OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEBSITE.

Some of the products listed on the Website may only be available in limited quantities and may not be available after all stock of an item is sold. When an item is no longer available, we take reasonable steps to remove that item from the website in a timely manner. Many products listed on the Website are also available in retail stores, but certain items listed on the Website may not be available. Further, certain promotional prices listed on the Website are internet-only specials and do not reflect the prices at the retail stores.

You understand and agree that stone is a natural product subject to variations in size, color, shade, veining, texture, and polish. These variations are what make natural stone unique. Displays on the Website are intended to convey the characteristics of a certain type of stone, but variations will occur. You understand that the product’s conformity to a display is not assured.

In the event that any product is listed with an incorrect price due to any error, The Tile Store shall have the right to cancel any orders placed for any incorrectly priced items. The Tile Store shall have the right to cancel any such orders regardless of whether a credit card has been charged. If a credit card has already been charged for any such purchase and that order is cancelled, The Tile Store will issue a credit to the credit card account.

If you wish to link another website to our Website, you must inform us through our contact form at https://peabodytile.com/contact-us/. We reserve the right to prohibit any such links. Running the Website or any information from the Website in frames or similar means without the written permission of The Tile Store is strictly prohibited. Any permitted links to the Website must comply with all applicable law, rules, regulations, and policies of The Tile Store.

Certain links on the Website lead to resources located on servers that are not maintained by The Tile Store and are not under the control of The Tile Store. The Tile Store is not responsible for the contents of any such referenced Websites or for the availability of access to such Websites. If you decide to use these links, you do so at your own risk.

Your submission of personal information through the Website is governed by The Website’s Privacy Policy, available at https://peabodytile.com. The terms of that Privacy Policy are incorporated by reference herein.

Other than personally identifiable information subject to Website’s Privacy Policy, any information, suggestions, ideas, concepts, know-how, techniques, or other communication you post or transmit to the Website in any manner ("User Communication") are and will be considered non-confidential and non-proprietary. Therefore, do not transmit to the Website any information, suggestions, ideas, concepts, know-how, techniques, or other communication you wish to be kept confidential or for which you expect or wish to receive acknowledgement, attribution, or compensation of any kind. You hereby grant us royalty-free, irrevocable, worldwide license to use, reproduce, copy, transmit, distribute, and prepare derivative works based upon any User Communication in any and all media for any and all commercial and non-commercial purposes without the need for acknowledgement, attribution, or compensation. You warrant to us that you are legally entitled to transmit User Communications to the Website and have all necessary permissions, licenses, and consents from any necessary third-parties. We may, but are not required to monitor or review any User Communications; however, we have no obligation to use, return, review, or respond to any User Communications. We have absolutely no liability related to any User Communications, including, but not limited, to any liability arising out of intellectual property laws, defamation laws, privacy laws, obscenity laws, or otherwise. We reserve the right to remove any or all User Communications in our sole and absolute discretion.

Your use of the Website is conditioned on your agreement not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You are prohibited from and agree that you will not post, send, submit, publish, or transmit in connection with the Website any material that: (i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) does not pertain directly to the Website; (v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (viii) violates any law or may be considered to violate any law; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded; (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Website; (xii) solicits funds, advertisers or sponsors; (xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; (xv) includes MP3 or similar format files or video; (xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys; (xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or (xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

The inclusion on this Website of any link to another Website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply an endorsement or recommendation by The Tile Store.

You agree to indemnify and hold The Tile Store, its officers, directors, employees, representatives, shareholders, parents, affiliated entities, agents, successors, and assigns harmless from and against any loss, damage, or expense (including reasonable attorney fees and legal expenses) incurred in connection with any third-party claim, demand, or action arising from or in connection with your breach of these Terms of Use.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, of the United States of America, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any claims, legal proceeding or litigation arising in connection with these Terms of Use of the use of the Website will be brought solely in the Massachusetts District Court, Peabody, MA and you consent to the jurisdiction of such court.