KBS Customs  

Tile Installation Boston, MA (hereafter, "The Company", "The Company's") Privacy and Anti-spam Policies and Terms and Conditions

1. a. These are the terms and conditions that govern the use of this website, our products and services. Your use of this website and our products or services constitutes an agreement and is conditional on acceptance of all such terms, conditions and notices listed as terms and conditions on this page without any modification. We assume you have read, understand and agree to them. If you do not understand them you can contact us at installer@tileinstallationbostonma.com If you do not agree to them please do not use the company's site.

b. By using this web site you agree to all such terms, conditions, and notices that are in effect at such time.

c. These terms and conditions may change or be amended at any time as Tile Installation Boston, MA sees fit. These said changes, amendments and notices will be deemed to be part of this agreement and by using this site you also agree to be bound by all said changes to these terms, conditions and notices. All such changes, amendments or notices will be posted on this page for you to view.

d. Prices and charges will never be changed by means of this site.

e. You may contact us regarding any questions at installer@tileinstallationbostonma.com

2. a. Calling us or requesting us to contact you by filling out one of the contact forms on the web site is deemed by The Company to be permission to contact you. This contact is likely to by who hired us to generate leads for them but may also include representatives of the company, including, but not limited to, management, employees, subcontractors. This permission is understood to mean that we may contact you by telephone, email, direct mail or other reasonable means.

b. We cannot guarantee that we can fulfill your service needs and reserve the right to not do business with you for any reason whatsoever at any time.

c. Tile Installation Boston, MA has been contracted by Kevin Kennedy of KBS Customs to obtain leads for him in the tile installation professions. We have no liability or any responsibility other than to try to pass your contact information on to him to provide service for you. We make no guarantees or representations regarding KBS Customs or Mr. Kevin Kennedy's skills or the quality of the job that he may render for you if you elect to retain his services.

d. The Company does not endorse or recommend the services of KBS Customs nor Kevin Kennedy and has only included information on this site provided and/or approved by him. It is entirely up to your discretion whether or not you want to contact or agree to services by Secured Mr. Kennedy & Key and we do not warrant or guarantee his job performance, work, the results, outcome, quality or standards of of the services or work performed. KBS Customs is not an employee or agent of the company, nor is the company of KBS Customs or Mr. Daniel. The company does not render, nor is it responsible for, any of the services requested by you in your request for service. Your rights under contracts you enter into with KBS Customs are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have any problem, dispute, disagreement with KBS Customs you must address said problem, dispute disagreement to KBS Customs, AND YOU HEREBY AGREE TO RELEASE TILE INSTALLATION BOSTON, MA (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY TILE INSTALLATION BOSTON, MA LEAD GENERATION SERVICE) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH KBS CUSTOMS AND Kevin Kennedy.

3. Our privacy statement below contains a complete list of the details on how we use your information. You agree that when you complete a request for a service or product, you enter into a business relationship with The Company and it's partners, employees, agents, representatives, subcontractors therefore you agree that The Company and/or said partners, employees, agents, representatives, subcontractors may contact you. You warrant that all the information you provided is and will be accurate, current and truthful to the best of your knowledge. If any information that you provided  is not true, current or complete, or The Company has reasonable grounds to suspect that the  information is not true, accurate, current nor complete, The Company has and may exercise their right to refuse all current and/or future use of the The Company's products or services by you. You are also responsible and liable for any and all use of the The Company's products or services by any and all persons you intentionally or negligently grant access to The Company's web site or who use The Company's products or services.

4. You acknowledge and agree that you use The Company's products and services exclusively for personal use and not commercial or advertising purposes. You agree that any and all content and/or information on the The Company Web site, whether posted by you or not is the sole and exclusive property of The Company, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your request for any products or services. You accept and acknowledge that violating the aforementioned may result in minor or even significant damages, and you agree that you are liable to The Company for any and all such damages, and will indemnify The Company in the event of any third party claims against The Company based on or arising from your violation of the aforementioned. We reserve the right to revoke your access to the The Company Web site, products or services at any time. All of the information that may be provided about any service professionals is strictly confidential and may be used for your personal use only. If The Company, at its sole discretion, determines or suspects that you are misusing, attempting to misuse and/or in any way circumvent the The Company services or system, and/or may be using or even attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as   fraud, advertising, infiltrating, jamming, spamming or hacking The Company reserves the right, in its sole discretion, to without notice and immediately terminate your access and without notice commence any and all appropriate legal proceedings and actions and to seek all available and appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

4. All information, documents, reports whether downloadable or available publicly on the web site including the design and layout of the The Company Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. It is provided as resource and THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR QUALITY OF IT. ALL SUCH INFORMATION AND DOCUMENTS WHETHER FOR DOWNLOAD OR AVAILABLE PUBLICLY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS WHETHER FOR DOWNLOAD OR AVAILABLE PUBLICLY PUBLISHED ON THE THE COMPANY WEB SITE MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY ISSUE UPDATES TO INFORMATION AND IS UNDER NO OBLIGATION OR LIABLE FOR ANY DAMAGES INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES BY NOT ISSUING NOTIFICATION OF SUCH UPDATES.

5. Any links on the The Company Web site that allow you to leave The Company's Web site are not controlled by The Company. The Company cannot guarantee they will stay functioning as we have no control as to whether the linked sites will stay functioning themselves. The Company cannot in any way be responsible for the contents, functionality of any and all of the information on or the practices of said linked sites or any of the links to which the linked sites lead. These are provided only as resource and any inclusion of these links does not constitute or imply an endorsement by The Company of the site.

6. The Company does not make any representations or warranties that KBS Customs or Kevin Kennedy has a social security number, legal resident status, any applicable licensing, insurances or bonding required by state, province or federal law. The Company does not determine Secretary of State filings. The company does not do background, criminal or sex offender searches on anyone in any way involved or associated with The Company. We do not usually do reverse phone lookups to identify records matching the phone number information provided by the business. We do not check 3rd party data sources that record legal information about the business for any state-level civil legal judgments entered against the principal/owner by business customers. We recommend you verify all the above information for yourself and you are solely responsible for any and all consequences if you choose for your convenience not to do so.

7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE THE COMPANY'S PRODUCTS OR SERVICES OR IN CONNECTION WITH THE THE COMPANY WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

8. You acknowledge and agree that the The Company's products and services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and The Company's sole obligation to you or any third party for any claim arising out of your use of the The Company products or services or the The Company Web site, is that you are free to discontinue your use of the The Company products or services or the The Company Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions are binding to the benefit of The Company's successors, assigns and licensees.

9. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of The Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

10. You have completed an online order and verification screen at the The Company website for a product or service. In order to complete your purchase, you must (1) read these Terms and Conditions, and (2) submit your order at the bottom of the Order Form. Once you do so, these Terms and Conditions are a binding agreement between you and The Company.

11. Under this Agreement, The Company agrees to provide to you, and you agree to purchase from The Company, the product or service described in your Order Form. You also agree to pay the purchase price, if applicable, shown on the The Company website for the product or service that you have ordered. If you have purchased a product or service for which there is an on going subscription or other fee, you agree to pay that fee for so long as you continue to use the The Company product or service. You may cancel the The Company product or service at any time by sending an email to The Company at installer@tileinstallationbostonma.com, after which you will not be charged any further fees for ongoing use of the The Company product or service. Your obligation to purchase and pay for also applies to any of The Company's product and services that are offered to you as a “trial offer” unless and until you cancel your use of those products or services. If you have agreed to a long-term subscripton of a product or service the cancellation option does not apply.

12. Any of The Company's publications and any newsletters and other materials that you may receive from The Company as part of The Company Service (collectively, “The Company Materials”) are the exclusive property of The Company and are protected by copyright and other applicable laws. The Company Materials are for your own personal use, and you cannot copy any portion of the The Company Materials without the written permission of The Company or distribute additional copies of The Company Materials to others.

13. The Company may offer you various discounts, savings and other benefits on other products or services of The Company or its affiliates in connection with your purchase of The Company Publications or The Company Services.  The Company does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by The Company in its discretion from time to time.

14. The Company's products or services and The Company Materials (collectively, “The Company Products”) are provided for informational purposes only, and what you derive from your use of The Company Products depends upon your commitment to and effort in applying the information to your business.  The Company does not represent, warrant or guarantee that you will achieve any particular results in your business as a result of your purchase and use of The Company Products.  You acknowledge that the success of your business depends on the quality of your business concept, your skills and effort in connection with your business and external factors such as the general economy.

15. The Company may offer a time-limited, money-back guarantee on some of The Company's Publications and The Company's Services. If there is a guarantee applicable to the The Company products or service that you have purchased, that guarantee is as set out on the applicable product page of the The Company website at the time you purchased the product or service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the The Company product or service you purchased, The Company will refund the purchase price to you (If applicable). This is your sole and exclusive remedy against The Company and The Company’s sole and exclusive liability and obligation to you in connection with your purchase of any The Company Publication or The Company Service or anything arising out of or relating to that purchase or this Agreement.

16.Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) The Company’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the The Company Products, and in no event will The Company be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any The Company Product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by The Company or any person for whom The Company is responsible, and even if The Company has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will The Company’s total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by The Company or any person for whom The Company is responsible, and even if The Company has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to The Company  for the Materials.  In this paragraph, “The Company” includes The Company and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.

17. This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the State of Massachusetts and the federal laws of the United States applicable therein without regard to conflict of laws rules.  All disputes relating to this Agreement shall be resolved before the Courts of the State of Massachusetts, and you hereby irrevocably submit to the jurisdiction of the courts of the State of Massachusetts and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings. The United Nations Convention on the International Sale of Goods will not apply to this Agreement.

18. The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.  Such limitations may apply to you.

19. You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside.

20. If any provision of this Agreement is deemed to be invalid, void, unlawful or unenforceable for any reason, that provision will be modified in order to make it enforceable, while maintaining the spirit of the provision, If modification is not possible such provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. This Agreement will ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and The Company with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and The Company with respect to the subject matter of this Agreement.  All amounts are stated in U.S. dollars. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.