Last updated December 4, 2023

Acceptance of Terms

Thank you for shopping with us! The Tile Council of North America (“TCNA,” “we,” “us,” “our”) operates tcnatile.com (“Website”). These Terms and Conditions (“Terms”) govern your use of this Website and your purchase of any products from TCNA. These Terms do not apply to purchases of laboratory testing services provided by International Product Assurance Laboratories. These Terms expressly incorporate our Privacy Policy and our Cookie Policy.

Please review these Terms carefully. By using our Website and/or purchasing our products you agree that you will comply with and be bound by these Terms, that you are of legal age to form a binding contract, and that you have the right, authority, and capacity to enter into this agreement.

These Terms are subject to change at any time and without notice, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” date at the top of this page. Your individual purchase will be governed by the Terms posted on this page as of the date of your order.

Permission to Use the Website

Provided you agree to these Terms, we grant you permission to access and use our Website in accordance with these Terms. We reserve the right to prevent access to our Website to you or any other user for any reason, at any time, in our sole discretion.

Other Agreements

If you have another agreement with us, the terms of that agreement continue to apply. If the terms of such other agreement conflict with these Terms, the other agreement shall control unless explicitly provided otherwise in the other agreement or these Terms.

Website Availability and Modifications

From time to time our Website may be unavailable due to scheduled maintenance, service upgrades, or unscheduled service disruptions. You agree that in no event will TCNA be liable for any loss, cost, or damage that results from any period of downtime of the Website.

We reserve the right to modify the content, functionality or features of our Website at any time and in our sole discretion.

Our Intellectual Property Rights

All content, features, and functionality of our Website and our products available for purchase, including all text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, as well as the arrangement and display thereof (the “Content”), are the sole and exclusive property of TCNA or its licensors. The Content of our Website and our publications is protected by the copyright, trademark, and other intellectual property laws of the United States. We reserve all intellectual property rights to our Website and to the Content. Any reproduction, retransmission, or republication of all or part of any document found on our Website or products available for purchase is expressly prohibited unless we, the owner of the material, have expressly granted our prior consent for such use. Your use of our Website and our products available for purchase shall not provide you with any ownership or other rights to the content.

Unless we expressly authorize it in writing, you must not:

  • republish material from our Website or products available for purchase;
  • sell, rent, or sub-license material from our Website or products available for purchase;
  • reproduce, duplicate, copy, or otherwise exploit material on our Website or products available for purchase for a commercial purpose;
  • edit or otherwise modify any material on our Website or products available for purchase; or
  • redistribute material from our Website or products available for purchase except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed according to the criteria specified with the content.

TCNA Member Logo Policy

Tile Council of North America, Inc. is the owner of various service marks, including TCNA®, the TCNA® logo, Tile Council of North America℠ (collectively, the “TCNA Marks”). Because the TCNA Marks are service marks, they should be used according to certain guidelines as set forth below (the “Guidelines”), which can be canceled, modified, or changed at any time without notice. Your use of any of the TCNA Marks or TCNA’s website at www.tcnatile.com shall be deemed consent to these Guidelines, as well as to the Terms of Use and any other policies appearing on www.tcnatile.com. If you would like permission to use any of the TCNA Marks, whether on your company’s website, promotional literature, product packaging, or otherwise, please contact us first.

The TCNA Marks may only be used to refer to membership in TCNA and the genuine services authorized by TCNA. Use of the TCNA Marks is by permission only, at our unilateral and absolute discretion, and such use does not grant any ownership interest in the TCNA Marks. As such, do not take any action inconsistent with this limited permission, including by claiming ownership of the TCNA Marks, applying for or registering any marks, domain names, handles, or usernames that incorporate the TCNA Marks, or by challenging the TCNA Marks.

When using the TCNA Marks, they should be fully visible and not obscured, and should be used in a manner that distinguishes them from surrounding text as service marks. For example, the TCNA Marks can be shown in bold or in all caps, using the “SM” symbol, or in other ways that distinguish them or alert readers to their status as service marks, including through explanation in legends. Do not alter the TCNA Marks in any manner.

Members of TCNA in good standing may use the TCNA Marks, but only to indicate membership in TCNA and not to represent, suggest, or imply any endorsement or sponsorship of the member’s products or services. You may not use the TCNA Marks in a manner that is likely to confuse, deceive, mislead, or harass others, in a manner that is likely to dilute or tarnish the TCNA Marks, disparage TCNA, or its membership, or in any manner that is unlawful. You may not use the TCNA Marks to disparage members of the ceramic tile industry or any of their products or services.

These Guidelines are not exclusive, are in addition to any further limitations that may be imposed for specific uses and should not be deemed to preclude further restrictions on use of the TCNA Marks.

If you have any questions on the proper use of the TCNA Marks, or if you would like permission to use any of the TCNA Marks, please contact us at info@tcnatile.com.

External Links

Our Website may provide links to other websites that are owned and operated by third parties. These Terms do not apply to such third-party websites.

Links to third-party websites are provided on an “As Is” basis. While we do our best to provide you with helpful, trustworthy resources, we do not endorse, approve, or guarantee information, products, services, or recommendations on any third-party website. We are not responsible for any loss or damage of any sort resulting from the use of any third-party website.

User Account

You may be required to register a user account in order to purchase certain products (e.g., digital publications) or to access certain areas of our Website. You are responsible for maintaining the confidentiality of your account login and password, and for ensuring that the contact information you provided upon registration is complete and accurate. We reserve the right to terminate without notice any user’s account for violation of these Terms or as otherwise determined by us in our sole discretion.

Purchases

Certain products, including publications in hard-copy and digital form, are available for purchase through our Website. These Terms comprise the entire agreement between us and you your purchase of any such products, superseding all other prior or contemporaneous understandings, agreements, negotiations, and written or oral communications, including without limitation any additional, different, or conflicting terms submitted by you via purchase order or otherwise.

Accuracy of Product Descriptions. While we strive to ensure the accuracy of information on our Website, we are not responsible for errors or inaccuracies in product descriptions, availability, or pricing. We reserve the right to cancel any order placed at the incorrect price. If a product is permanently out of stock, we will remove it from your order and refund the purchase price. If an item is temporarily out of stock, we will let you know when we expect it to be available again and give you the option of removing the item from your order.

Payment. All prices are shown in U.S. Dollars and are exclusive of shipping and any applicable taxes. Unless otherwise approved by us in advance, payment is due at the time of purchase and must be made in U.S. Dollars. Customers whose credit card currency is not U.S. Dollars may be charged a foreign transaction fee by their credit card company.

TCNA uses a third-party payment processor, PayPal, for secure payment processing. Payment card information is securely transferred directly to PayPal and is not stored by TCNA. Information regarding how PayPal processes personal information is available here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

Taxes. We collect sales tax on all physical products shipped to a South Carolina address and on all digital products with a South Carolina billing address. Any applicable sales tax will be applied after adding items to your cart. To place a tax-exempt order, please contact us at info@tcnatile.com.

Cancellation of Orders. We reserve the right to reject or cancel any order at any time and in our sole discretion, in which case we will refund the purchase price.

Shipment of Physical Items. Please allow at least 2 business days for physical items to be processed and shipped. Domestic orders typically ship via USPS or UPS Ground, although other shipping options may be available at checkout. Information regarding international shipment is available on request. You are responsible for providing accurate contact information and a valid shipping address, bearing in mind that UPS will not deliver to P.O. Boxes. Shipping and delivery dates are estimates only and cannot be guaranteed.

Delivery of Digital Content. Digital publications will be delivered via your account. Digital publications are protected with Digital Rights Management (DRM) software, delivered as an encrypted PDF file that can only be opened after (1) downloading and installing the LockLizard Safeguard PDF Viewer software, and (2) properly registering your copy using the license bundled with your file(s). For more information, please visit our LockLizard FAQ page. Any attempt to circumvent DRM protections will result in termination of your license and may result in suspension of your account and further legal action against you.

While digital publications typically can be accessed within 10 minutes of payment by credit card, please allow up to an hour for processing of the digital license(s). If there is a problem with your download or license, please contact us at info@tcnatile.com and allow at least 2 business days for us to respond.

The provided license is available for access by a single user on up to two devices. Multi-user access may be available through our third-party publications partners and is not governed by these Terms.

Export Regulations. If you are purchasing products from outside the United States, you acknowledge and agree that such products may be subject to customs duties and export control laws and regulations, and you agree to comply with all such laws and regulations.

TCNA Refund Policy

TCNA sells a variety of printed publications, digital products, CD-ROMS, and other resources (“publications”). Publications may be returned to TCNA within the requirements below, provided they are not damaged and have not been removed from their original packaging or activated. Please review this Refund Policy before returning a product to TCNA. To return a product or exchange a download for a printed version, complete the form below and follow the instructions provided.

Return of Physical publications. TCNA will accept returns of physical publications made within 28 days of purchase, provided they have not been removed from their original packaging. For returns within 14 days of purchase, TCNA will refund the original purchase price, less a 5% restocking fee. For returns after 14 days but no more than 28 days after purchase, TCNA will refund the original purchase price, less a 15% restocking fee. After 28 days, TCNA will accept returns only if it determines, in its sole discretion, that the publication is actively selling and there is sufficient continuing demand. Returns after 28 days will also be subject to the 25% restocking fee. TCNA will not refund shipping & handling charges under any circumstance.

Return of Protected Downloads. Orders of protected download products may be returned and refunded within 3 business days from the time of purchase, less a 5% restocking fee, provided the license has not been activated. During this time, download products can also be exchanged for a printed copy (if available) after paying the appropriate shipping & handling charges. After returning a protected download product, the license for that product will be revoked and the file will become inaccessible.

Refunds. Refunds (minus any restocking fee) will be issued to the original method of payment unless there is an outstanding invoice owed to TCNA. In that case, the amount of the refund will be credited to the balance due and a new invoice will be issued for any balance still owing.

Prohibited Activities

You may use our Website only for lawful purposes and in compliance with these Terms. You agree that you will not use our Website:

  • In any way that violates any applicable local, state, or federal law, regulation, or ordinance.
  • For any commercial purpose except as expressly authorized by us.
  • To transmit or procure transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate TCNA, any TCNA personnel, or any other person or entity.
  • To violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity rights.

Additionally, you agree that you will not do, or attempt to do, any of the following:

  • Link to any page on our Website in any way that suggests any form of association, approval, or endorsement by us or that is in any way illegal, unfair, or that damages or takes advantage of our reputation and goodwill.
  • Use any automated or manual device, process, or means to monitor or copy any material on our Website.
  • “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of our Website, our name, logo, trademarks, or proprietary information, into any other website without our express prior approval.
  • Damage, disable, or overburden our servers or network, impair or impede the operation of our Website, or interfere with someone else’s access to our Website.
  • Introduce any device, software, or routine that interferes with the working of our Website, including the introduction of any code, device, exploit, worm, virus, or other material that is malicious or technologically harmful.
  • Post or transmit any unlawful, threatening, abusive, obscene, libelous, defamatory, or offensive material, including material that is sexually explicit or that can be construed to be harassment or disparagement based on race, color, religion, disability, age, sex, or national origin.
  • Modify, adapt, decipher, translate, decompile, disassemble, edit, or reverse engineer any of the software used by us in connection with our Website, or attempt to do so.
  • Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Remedies and Corrective Action

We reserve the right to take any action we deem appropriate in our sole discretion with respect to violations of these Terms. We expressly reserve all rights and remedies available to us at law or in equity.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE AND OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.

Use of our Website is at your own risk. TCNA makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our Website. We cannot and do not guarantee or warrant our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TCNA OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CON­SEQUENTIAL, OR PUNITIVE DAMAGES, AT LAW OR IN EQUITY, EVEN IF FORESEEABLE.

Indemnification

By accepting these Terms, you agree to defend, indemnify and hold harmless TCNA, its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, directors, members, employees, authorized representatives, contractors and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, or costs and expenses, including attorney fees, arising out of or related to your violation of these Terms or your access to or use of our Website.

Governing Law, Jurisdiction, and Venue

Any dispute, claim, or controversy arising out of or relating to our Website, our products, or these Terms shall be governed by the law of the state of South Carolina without giving effect to any choice or conflict of law provision or rule.

Jurisdiction and venue for any court proceedings arising out of or relating to our Website, our products, or these Terms shall be vested and laid exclusively in the state or federal courts sitting in Anderson County, South Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Nonwaiver and Severability

Any failure by us to enforce or assert any right under these Terms shall not constitute a waiver or our right to enforce or assert rights under that provision or any other provision of these Terms.

If any provision of these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Effective Date and Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. When we do, we will change the “Last Updated” date at the top of these Terms. All revisions are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

You should check this page frequently so you are aware of any revisions to these Terms, as they are binding on you. Your continued use of the Website following the posting of revised Terms means you accept and agree to and will abide by the Terms as revised.

Contact Information

Questions about these Terms should be directed to us at
Tile Council of North America
100 Clemson Research Blvd
Anderson, South Carolina 29625
(864) 646-8453
info@tcnatile.com