Effective Date: October 16, 2024

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These Terms of Service (“Terms”) govern your use of the website shearwatertile.com (the “Site”), operated by Shearwater Tile & Marble Inc (“Shearwater,” “we,” “us,” or “our”).

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By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

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1. Who We Are
Shearwater Tile & Marble Inc is a Florida corporation.

Business address:
27087 Matheson Ave, Apt 104
Bonita Springs, FL 34135

Service area: Lee County and Collier County, Florida

Contact:
Email: jmusina24@gmail.com
Phone: 720-755-2941

We carry general liability insurance.

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2. What This Website Is For
The Site is informational only. You may use it to:

view photos and information about our work and services; learn how to contact us; and submit a contact form. You cannot create an account, place an order, make a payment, or purchase anything through the Site. Submitting a contact form is not a contract for work and does not reserve a job. Any actual tile, marble, or renovation work is handled separately, off the website, after we speak with you.

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3. Who May Use the Site
The Site is available to the general public. You do not need an account. You must use the Site only for lawful purposes and in a way that does not harm us, the Site, or other people.

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4. Contact Form and Communications
If you submit the contact form, you agree that: the information you provide is accurate to the best of your knowledge; we may use that information to respond to your inquiry; and submitting the form does not require us to take your job, provide a quote, or begin work. Please do not use the Site, our email, or our phone number to send spam, repeated unwanted messages, or harassing communications. We may ignore or block abusive or spam contact.

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5. Estimates, Work, and Warranties
Nothing on the Site is a bid, estimate, or guarantee of price, timeline, or result.

If we perform work for you, the details of that work—including scope, price, schedule, payment, and warranty—will be set out in a separate agreement, proposal, or invoice. Those documents control over anything on the Site. We provide warranties for our work. The specific terms of any warranty will be provided in connection with the actual project, not by these website Terms. We travel to the client’s property to perform work, subject to scheduling and the separate project agreement.

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6. Ownership of Website Content
We own the Site and all content on it, including text, photos, videos, logos, layout, and design. You may view the Site for personal, non-commercial use. You may not copy, download for reuse, scrape, republish, sell, or otherwise use our photos, videos, or other content without our prior written permission. No one outside the business may add content to the Site.

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7. Acceptable Use
You agree not to: use the Site for any illegal purpose; attempt to break, overload, scrape, or interfere with the Site; copy or reuse our content without permission; impersonate another person when contacting us; or send spam, mass unsolicited messages, or abusive calls or emails. We may restrict access to the Site if we believe these Terms have been violated.

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8. Third-Party Services
The Site is built with Wix and may use Google Analytics. Those companies have their own terms and privacy practices. We are not responsible for their platforms, outages, or policies. Links on the Site to other websites are provided for convenience only. We do not control those sites.

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9. Privacy
We collect basic contact information through the Site, such as information you submit in the contact form. Our collection and use of personal information is described in our Privacy Policy. Please read the Privacy Policy together with these Terms.

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10. Disclaimer of Website Warranties
The Site is provided “as is” and “as available.” We do not warrant that the Site will always be available, error-free, or free of viruses or other harmful components. Photos and project descriptions are examples of past work and may not reflect every future job. This section applies to the website. It does not cancel any separate warranty we give you for completed installation or renovation work.

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11. Limitation of Liability
To the fullest extent permitted by Florida law: we are not liable for damages arising only from your use of, or inability to use, the Site, including lost data, lost profits, or indirect, incidental, or consequential damages; and our total liability related to the Site itself will not exceed one hundred dollars ($100). This limit applies to website use only. Liability for actual construction or renovation work, if any, is governed by the separate project agreement, applicable law, and our insurance, not by this website cap. Some laws do not allow certain limitations. If those laws apply to you, some of the above may not apply.

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12. Indemnification
You agree to indemnify and hold harmless Shearwater Tile & Marble Inc and its owners, officers, and employees from claims, damages, and reasonable expenses (including attorneys’ fees) arising out of your misuse of the Site or your violation of these Terms.

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13. Changes to the Site or These Terms
We may update the Site or these Terms at any time. The “Effective Date” above, or a later updated date we post, will show when the current version took effect. Continued use of the Site after changes means you accept the updated Terms.

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14. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute arising out of these Terms or your use of the Site shall be brought in the state or federal courts located in Lee County or Collier County, Florida, and you consent to those courts.

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15. General
If any part of these Terms is found unenforceable, the rest remains in effect. These Terms are the entire agreement between you and us regarding use of the Site. They do not create an employment, partnership, or contractor relationship by themselves.

Our failure to enforce a provision is not a waiver of that provision.

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16. Contact
Questions about these Terms:

Shearwater Tile & Marble Inc
27087 Matheson Ave, Apt 104
Bonita Springs, FL 34135
jmusina24@gmail.com
720-755-2941