QUALITY STONE PRODUCTS.  KNOWLEDGEABLE FAMILY SERVICE.

Pompa Bros.

TERMS OF USE

BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.


Scope of Use Rights. You and your representatives are permitted to access and use the information available through the web site only under these terms of use and for your own internal business use.


Security. You will be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the web site.


Responsibility for Employees, Contractors, and Other Representatives. We understand and agree that you may authorize your employees, contractors, and other representatives (your "representatives") to access the web site on your behalf. Your representatives must comply with these terms of use when accessing or using the web site. You acknowledge and agree that you will be liable for all of the actions of your representatives in connection with their use of the web site, regardless of whether you have authorized them to access and use the web site. In addition, you will be responsible for all of the actions of your former employees, contractors, and other representatives.


Prohibited Uses. You are solely responsible for, and you agree not to engage, and to see that your representatives do not engage, in unacceptable use of the web site, which includes, without limitation, use of the web site to: (a) interfere, disrupt or attempt to gain unauthorized access to the web site or any other computer network; (b) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (c) engage in any other activity deemed by us to be in conflict with the spirit or intent of these terms of use.


No Professional Advice. The content contained on the web site (including instructions, guides, tips, and estimates) is offered for informational and educational purposes only, and is not intended to be a substitute for professional architecture, landscape architecture, engineering, design or construction advice. You should not act upon this information without seeking professional advice. If you act without professional advice, you assume all risk for such actions.


We do not endorse any specific tests, products, procedures, opinions, contractors, or other information that may be mentioned or described in this web site. If you rely on any content obtained by you on or through this web site, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.


Privacy Statement. Our Privacy Statement can be found by following this link: Privacy Statement. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.


Not Intended for Children. This web site is not intended to be used by children. The web site itself is intended to be used by adults. If you are under 18 years of age, you may use this web site only with the involvement of a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.


Advertisements and Links to Other Web sites. Any link (including a hyperlink, button or referral device of any kind) used on this web site is provided for your use and convenience. The appearance of a link on this web site does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party web site has any relationship with us. We are not responsible for the content of linked third-party web sites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not endorse any product, service, or service provider that may be advertised on our web site.


Links to Our Web site; Advertising. Links into our web site must be by prior written approval of Pomba Bros Inc. No other links into our web site are permitted.


Termination. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the web site and to suspend your access to or use of all or any portion of the web site.


Disclaimer of Warranties. THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEB SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION CONTAINED IN THE WEB SITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEB SITE.


Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEB SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEB SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEB SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT.


Ownership and Use of Content. All of our web site design, text, graphics and the selection and arrangement thereof are protected by copyrights of Pomba Bros, Inc; © 2011 Pompa Bros. Inc. All Rights Reserved.


This web site, including but not limited to its contents, is protected by the copyright laws of the United States and foreign countries. Title to the content is owned by us or our licensors, and all use thereof inures to the benefit of us or our licensors. You may download and print a single copy of the content solely for your internal business purposes and not for any commercial purpose or use, provided that such content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such content. All rights not expressly granted herein are reserved to us and our licensors. You agree that you will not upload or transmit any content of any type that infringes or violates the rights of anyone. The web site and any portion thereof may never be used by anyone to create or re-create a similar or competing web site. Any use of the content not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.


Indemnification. You agree to indemnify, hold harmless and defend us and our shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) these terms of use; (b) your use of the web site, including any data or work transmitted or received by you; and (c) any unacceptable use of the web site.


No Extraterritoriality. We are based in Saratoga Springs, New York, in the United States of America. We make no claims that the web site is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America. Access to our web site and its content may not be legal by certain persons in certain countries. If you access this web site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.


Miscellaneous. We will have the right, at any time and without notice, to add to or modify these terms of use simply by posting such amended terms on this web site. You consent to the modification of these terms of use in this manner. Your access to or use of the web site after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.


These terms of use are made in and shall be governed by the laws of the State of New York, including, without limitation, the New York Uniform Computer Information Transactions Act and the New York Uniform Electronic Transactions Act, without reference to conflicts of laws.


All actions, claims or disputes arising under or relating to these terms of use shall be brought in the federal or state courts in Saratoga Springs, NY. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction by these courts.


If we sue you to enforce these terms of use and prevail, then we will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which we may be entitled.


The terms and provisions of the sections regarding "Responsibility for Employees, Contractors, and Other Representatives," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "Miscellaneous" shall survive any termination or expiration of this Agreement.


These terms of use constitute the complete and exclusive statement of the agreement between you and us with respect to the web site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and us concerning the web site.


The waiver by us of a breach of any provision of these terms of use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of these terms of use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these terms of use shall remain in full force and effect.


Thank you for using our web site. We hope you find it helpful and convenient to use! Questions or comments regarding this web site should be directed by electronic mail to our webmaster or by U.S. Mail to Pompa Bros Inc, 5 Petrified Garden Rd., Saratoga Springs, NY 12866.


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