Terms and Conditions

These Terms of Use are effective as of May 27, 2024
 

Welcome to Bartile Premium Roof Tiles’s website (referred to as the “Site”). We, Bartile Premium Roof Tiles, operate this Site, and it can be accessed at https://bartile.com or other addresses/channels.

These Terms of Site (“Terms”) apply to your use of Bartile Premium Roof Tiles, LLC’s Sites. “Bartile,” “we,” and “our” all denote Bartile Premium Roof Tiles, LLC. The Terms cover both free and paid Sites and any content (referred to as the “Content”) such as data, text, files, information, images, and more, that you upload, download, or appear on our websites or applications.

Your agreement to these Terms and our Privacy Policy is essential for using the Site. If you’re using our Site on behalf of an organization (“Organization”), you agree to these Terms on the Organization’s behalf, affirming your authority to bind them. In this context, “you” and “your” refer to the Organization.

It’s crucial to understand that our Terms and Privacy Policy impact your legal rights and obligations. If you disagree with any part, refrain from accessing or using our Site.

ARBITRATION NOTICE: Unless you opt-out, and excluding specific dispute types described below, you agree that disputes between you and us will be resolved through binding individual arbitration. You also waive the right to participate in class action lawsuits or class-wide arbitration.

General Terms of Use

  1. Consent: By using our Site, you agree to these Terms and our Privacy Policy (https://bartile.com/privacy ). If you disagree, please stop using our Site immediately.
  2. Variations: We may change these Terms at any time by posting updates on our Site. Check regularly to stay informed. Content on the Site is subject to change without notice, and we don’t guarantee its accuracy or timeliness. We may, at our discretion, remove any User Content at any time. Check our Site regularly for updated terms.
  3. License to use our Site: We grant you a non-exclusive, revocable license to use our Site as per these Terms. All other uses require our written consent.
  4. Automated access to Site content is prohibited, except with our express consent or by standard search engine protocols.
  5. Your Content may be transferred, stored, and processed globally. By using the Site, you consent to this.
  6. Prohibited conduct: You must not engage in unlawful, inappropriate, or reputation-damaging activities on our Site. This includes privacy breaches, harassment, interference with other users, and any malicious tampering.
  7. Exclusion of competitors: Competing with our business through our Site or its Content is prohibited.
  8. Information: Content is general information, not advice tailored to your specific needs. While we strive for accuracy, we provide no warranty regarding the Content’s completeness or correctness.
  9. Intellectual Property rights: We own or license all rights in our Site and Content. You may not copy, reproduce, distribute, or breach any intellectual property rights associated with our Site or Content.
  10. User Content:
    1. You can share User Content on our Site, retaining ownership. By sharing publicly, you grant us a license to use, display, and adapt the User Content. You’re responsible for ensuring you have the necessary rights and permissions for the User Content.
    2. You represent and warrant that you own or have the necessary rights for all User Content. Posting User Content on our Site must not violate any third-party rights, laws, or regulations.
  11. Disclaimer of Warranties: The Site, including Our Content, is provided “as is.” We disclaim all warranties, including merchantability and fitness for a particular purpose. Use of the Site is at your own risk.
  12. Limitation of Liability: The Bartile Parties are not liable for any direct or indirect losses related to the Site, including your use, content, or investigations. Our total liability is limited to one hundred United States dollars ($100.00).
  13. License Limitations:cDisruptive actions violating the Site’s legitimate operation are prohibited. We may limit, suspend, or terminate accounts without notice for non-compliance with Terms or improper use.
  14. We are not responsible for third-party actions, content, or data. You release the Bartile Parties from any known or unknown claims connected to such third parties.
  15. Time Limitation on Claims: Any claim related to your relationship with us must be filed within one year, or it’s permanently barred.
  16. Severability and No Waiver: Unlawful provisions are deemed severable. Our failure to enforce any provision doesn’t waive our rights.
  17. Entire Agreement: These Terms constitute the entire agreement between you and us, superseding any prior agreements.
  18. Territorial Restrictions: The Site is not intended for use where prohibited by law. We reserve the right to limit availability based on location.
  19. Export Controls: Software from the Site is subject to U.S. export controls. You represent that you’re not in a prohibited location or on a restricted list.
  20. Language:nThese Terms were written in English (US). In case of conflicts, the English version prevails.
  21. Indemnity: You must indemnify us against any Liability arising from your use of our Site or any breach of these Terms.
  22. Severance: If a provision is invalid, it’s narrowed down or severed without affecting the rest.
  23. Venue & Governing Law: Disputes litigated in Colorado, governed by Colorado laws.
  24. Waiver: No waiver is a continuing waiver of any condition or breach.
  25. Disputes: In case of a Dispute, parties must attempt resolution in good faith. If not resolved, arbitration may follow.
  26. Arbitration: All escalated disputes  will be resolved through individual arbitration. Class actions and consolidated claims are not allowed.
  27. Collection: In case of a dispute under this Agreement, the prevailing party is entitled to reimbursement for all reasonable collection costs, including attorneys’ fees at all levels and Courts.
  28. Notices: All required notices under this Agreement must be written and deemed delivered on the same day if hand-delivered, the next business day if sent by overnight courier, email, or facsimile (with confirmation), or within three (3) business days if sent by regular mail. Approval and signatures can be provided through alternative methods, like email or facsimile, as per industry custom and acceptance under this Agreement.

Using Our Site

  1. Avoid impersonating others or misrepresenting authorization.
  2. Refrain from undermining the security or integrity of the Underlying Systems.
  3. Do not misuse the Site to impair system functionality or hinder other users.
  4. Only access, view, or copy authorized material, as necessary for proper Site use under these Terms.
  5. Do not disrupt the Site or servers, and do not transmit harmful code.
  6. Do not interfere with other users or encourage violations of these Terms.
  7. Do not use the Site to transmit Data that breaches third-party rights or is objectionable, incorrect, or misleading.
  8.  Follow the terms of Site on the Website, updated by us periodically.
  9. Do not modify the Site.
  10. Do not access our private API without explicit permission.
  11. Violation may lead to account termination.

Termination

  1. Unauthorized use of the Sites or Our Content, not explicitly allowed in these Terms, will result in termination of the license granted for Site and Site use.
  2. We may suspend or terminate your account at any time without liability for various reasons.
  3. Upon termination, all granted licenses and rights cease.
  4. Site Termination: We reserve the right to stop offering or supporting the Site, permanently or temporarily, without compensation or refunds.
  5. Termination: These Terms are effective until terminated by us at any time without notice. Restrictions and limitations survive termination.
  6. Termination: We may terminate this Agreement at any time, with or without notice, for any reason.

Updated Terms

  1. We reserve the right to change these Terms and Sites.
  2. We will provide advance notice for significant changes.
  3. Your use after effective date constitutes agreement to the changes.

Access Refusal

  1. We reserve the right to refuse Site access to anyone at any time.
  2. Identity Verification: We may make necessary inquiries to validate and authenticate your identity. This process may incur a verification fee.
  3. We reserve the right to remove, edit, block, or monitor Content or accounts violating these Terms, at our sole discretion.

Rights

  1. Content Ownership: All materials within the Sites are protected. Unauthorized use may violate laws and these Terms. No express or implied rights are granted to use such content.
  2. User Content: You retain ownership of exclusively created Content. We claim no ownership but may access it for Site improvement. 
  3. Advertising: Sites may display advertising, subject to change without specific notice.
  4. You represent and warrant that you own or have the right to grant rights to posted Content. We are not responsible for Content and may not always identify paid Sites or sponsored content.
  5. The Bartile, Douglas James, and Bartile Premium Roof Tiles, LLC name and logo are our trademarks, not to be copied without permission.
  6. Site interruptions may occur, and you should maintain your Content backup. We are not liable for Sites modification, suspension, or discontinuation.
  7. We do not endorse posted Content and have no obligation to prescreen or monitor it. Your relationship with us regarding Content is not confidential or fiduciary.
  8. You are granted a limited license for Site use, subject to these Terms. The license does not include distribution, public display of Our Content, making derivative uses, scraping, data mining, or unauthorized API access. The license is revocable at any time.
  9. We have a policy of not accepting unsolicited content, ideas, or suggestions. If you choose to send such materials despite our policy, you agree to grant us a royalty-free, irrevocable right to use them.
  10. For User Submissions, you grant us rights to use, modify, and distribute without compensation. We may use User Submissions for any purpose and are not obliged to maintain confidentiality.
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