Terms and Conditions of Use
The Company grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to the Company that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and the Company relating to the sale of products or services to you through this Site, the Company will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
References to “we”, “us” and “our” refers to the Company. References to “you” or “your” refers to you the user of the Site.
The trademarks, service marks and logos (collectively the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Catalopiso and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Catalopiso aggressively enforces its intellectual property rights to the fullest extent of the law. The name of the Company, the Company logo or the other the Company formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from the Company. The Company prohibits use of the Company logo as part of a link to or from any site unless establishment of such a link is approved in advance by the Company in writing. Fair use of the Company’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
The products and goods displaced on the Site are offered by us, and not any other person or company whose name may be displayed on the Site. While we will use our best efforts to fulfill all orders, the Company cannot guarantee the availability of any particular product displayed on this Site. The Company reserves the right to discontinue the sale of any product listed on this Site at any time without notice. We reserve the right to limit quantities to the amount reasonable for customers.
Product prices offered on this Site may vary or change due to supplier changes or supply availability. Additionally product qualities, dimensions and compositions may vary from what is listed on the Site, and the Company reserves the right to substitute products order for comparable products.
The prices displayed on this Site do not include shipping and handling or sales taxes which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Links to Third Party Sites and Third Party References
This Site may contain links to sites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not control outside sites and is not responsible for their content. The Company’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the Company’s inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
This Site may display the information and logos of businesses owned or operated by parties other than the Company. Such display does not imply any endorsement of such businesses. Unless expressly stated, there is no partnership or joint venture with such businesses.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR GOODS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Although the Company will in most circumstances be able to receive your e-mail or other information provided through this Site, the Company does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
The Company responds to notices of alleged copyright infringement pursuant to the requirements of the DMCA. If you believe that any content on this site infringes your copyrights, You may request removal of such content by providing written notice to the Company at the contact form here.
This contact form should only be used to report allegations of copyright infringement. Contact information for other matters is provided elsewhere on this site.
Your notice must satisfy the requirements of the DMCA and include the following information:
(i) your name, mailing address, and email address;
(ii) A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
(iii) a statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
(iv) a statement that you have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
(v) a statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
(vi) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that the Company determines that a DMCA notice lacks validity, the Company may refuse to remove the complained of content at its discretion. Election by the Company to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
You agree that this agreement and your use of this Site are governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Houston, Texas, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.
The Company has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
WITH THE PRIOR AGREEMENT OF THE COMPANY, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN HOUSTON, TEXAS, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
You agree that the Company may at any time and without notice change the terms, conditions and notices under which this Site is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or your use of this Site.
The Company’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by the Company with respect to such use.