Terms of Service

The Fine Print

Stonekala, Inc. (“Stonekala”, “we”, or “our”) would like to welcome you to our website located at www.stonekala.com (the “Site”), which includes all pages accessible via the Site. As a courtesy to our clients, we offer this website. Your use of this Site is subject to the following terms and conditions (“Terms” or “Terms of Use”). You acknowledge that you have read these Terms, that you understand them, that you agree to be bound by them, and that you intend to be legally obligated by accessing, viewing, or using the content, material, or services offered on or through this Site. You are not authorized to use this Site and must leave immediately if you do not agree to these Terms or are not of legal age of consent in your jurisdiction.

Accessibility Notice.

Please contact our Customer Support Team at [email protected] if you are experiencing any issues with accessing the Site or its mobile application. If you encounter any issues with the Site or need to get in touch with the Customer Service Team, it’s a good idea to keep a copy of these Terms and the contact information for the Customer Service Team in a convenient location.

First, this is for your own education.

Site Contents (as defined in Section 3 below) are provided solely for educational and entertainment purposes. We do not offer any guarantees or recommendations on the Site, and it is not meant to replace professional help of any kind. You have complete control over all future purchases and other choices. Any mistakes or omissions in the Site Contents are not our fault.

Two, sign up.

You may be required to sign up for the Site and create an account before you may access some features, content, services, goods, or advantages. You may be required to accept these Terms by checking a box during registration, and then to choose and submit a username and password. You are solely responsible for any activities that occur inside your account, including unauthorized use and the security of your password. We may also ask for more specific information about you, such as your name, mailing address, email address, date of birth, and other demographic details. Our Privacy Policy governs any personally identifiable information you supply to us through the Site, and it is incorporated into these Terms by this reference as if set forth fully herein.

Third, the right to ownership.

All text, graphics, pictures, drawings, designs, icons, photographs, videos, software concepts, documentation, and other items on, in, or accessible through the Site (“Site Contents”) are either owned by us or used under license from a third party. We or our licensors own all rights to the content on this site, including those granted by copyright, trademark, patent, and other laws. Any proprietary or copyright notices on the Site Contents may not be removed or altered in any way. We, or our affiliates, licensors, or suppliers, own all legal rights to any names, trademarks, service marks, certification marks, symbols, slogans, or logos used or displayed on the Site. Any unauthorized or improper use of these trademarks may be a violation of federal and state trademark law. Except for the limited right to use the Site Contents in accordance with these Terms to shop or place orders with us, we reserve all rights, title, and interest in and to the Site Contents not expressly granted to you herein. For example, “Stonekala*” is a service mark owned by “Stonekala, Inc.”

Format for Reporting and Rebutting Allegations of Copyright Violation:

We will respond to reports of suspected copyright infringement, process and investigate such notices expeditiously, and take appropriate remedies under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2). Third parties must notify our DMCA agent (“Designated Agent”) of any alleged infringement of their rights under the DMCA. Please contact the Designated Agent if you find content on the Site that you believe violates your copyright under U.S. copyright law.

In order to comply with the DMCA’s notification requirements for an allegation of copyright infringement by a third party, the complaining party must provide the following information in writing to the Designated Agent: a) the identification of the exclusive right claimed to have been infringed; b) the identification of the copyrighted work or, if multiple copyrighted works are covered by a single notification, a representative list of such works; c) the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; and d) the physical or electronic signature of a person authorized to act on behalf of the owner (5) a statement that the complaining party believes, in good faith, that neither the copyright owner, nor its agent, nor the law, has authorized the use of the material in the manner complained of; (6) a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

We will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and we will take reasonable steps to notify the alleged infringer that the material was removed or that access was disabled, if we receive a valid notification of alleged copyright infringement. An alleged infringer may submit a counter-notice to have the removed content reinstated on the Site in accordance with the DMCA. In that case, we’ll send you a notice, and if you want us to take down the content, you’ll have to file a lawsuit for alleged copyright infringement in a federal court in the United States.

If a claimant makes a false statement to us about copyright infringement, and we remove or disable access to the content or activity in question or reinstate it after it has been removed or disabled due to our reliance on the false statement, the claimant may be held liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the false statement.

Accessing This Webpage (4).

The Site and the Materials of the Site are provided for your informative and personal use only. Except as expressly permitted by these Terms or in a separate written agreement with us, you agree that you will not use the Site for any of the following: (a) any illegal or unauthorized purpose that violates any local, national, or international law (including import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Contents; (c) attesting to You are only permitted to use the Site and the Site Materials in accordance with these Terms. Without our express written consent, you may not use the Site or any Contents thereof for any purpose, including the foregoing. You accept that we and the Site could be permanently damaged by any illegal use of the Site or the Site Materials, and that in such a case, we would be entitled to an injunction in addition to any other remedies available to us at law or in equity.

Funding, 5.

It may be possible to buy some features, content, or services on the Site. Certain products may be available for purchase with deferred payments or in installments; if so, you must agree to the additional terms and conditions offered to you at the time of purchase. When you make a purchase on the Site with a credit card, the transaction is handled by a third-party payment processor. When you make a purchase or other payment through the Site using your credit card, that information is encrypted using a technology like the Secure Sockets Layer (SSL) before it is sent to us. Your credit card information is encrypted in transit to us to reduce the risk of theft or interception. Whether or not you authorized the purchase, you are fully responsible for any and all charges made while using your account. We reserve the right to (a) immediately suspend or terminate your account, (b) seek collection of the outstanding amount owing, and (c) seek legal action against you for the breach of these Conditions if we do not receive payment for a purchase. You must also pay any sales, use, or excise taxes levied by any jurisdiction as a result of your use of the Site or your acquisition of any products or services offered on the Site (excluding only taxes on our net income).

Quotes and Orders, No. 6.

All of the listed prices on the Site are in U.S. dollars. We have the right to limit shipments to the US and Canada. Shipping costs and any local taxes will be added on at checkout according our existing practices. We may at any time, without notice or liability to you, alter the features and pricing of products and services offered via the Site. While stocks last, the products listed on this Site will be available for purchase. No implied or express warranty or endorsement is made with respect to any product or service described or referenced on this Site. Our acceptance of an order is not contingent upon your receiving an order confirmation. We may need to confirm the details of your order before we can accept it. Even after you have received an order confirmation from us, we retain the right to accept or deny all or any part of your order for any reason at any time. We may, at our discretion and without explanation, limit orders of any one item or refuse service to anyone. We reserve the right to refuse or cancel any orders placed for a product listed at the incorrect price, whether or not the order has been confirmed and your account charged, should the incorrect price arise as a result of incorrect pricing information provided by our suppliers or a typographical error. In the event that your credit card has already been charged for the purchase and your order is canceled, we will immediately provide a credit in the amount of the incorrect price to your credit card account or issue you a refund, depending on your preference. Upon our handover to the carrier for shipment, risk of loss and title for all products purchased by you from us pass to you. Upon our vendor’s delivery to the carrier for shipment, risk of loss and title for all products purchased by you directly from that vendor pass from that vendor to you.

Seventh, hues and tones.

Every effort has been made to ensure that the colors you see on the Site correspond to the actual product colors. We cannot guarantee, however, that the colors you see will be completely accurate on your computer and monitor.

Contributions, Comments, and Feedback from Users #8.

You may be able to share additional items and information with other Site users through certain features for their perusal, usage, watching, and comments (collectively, “Comments”). You warrant that (a) you have all necessary rights to provide the Comments and (b) our and any other person or entity’s use of the Comments will not infringe the intellectual property rights of any person or entity or the rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person. You grant us a royalty-free, worldwide, perpetual, irrevocable, transferable license to use, distribute, reproduce, display, alter, create derivative works based upon, and sublicense the Comments and any other material or information you submit to us. To be clear, we are not obligated in any way to (1) treat the comments as confidential, (2) pay for the comments, or (3) respond to the comments. Please refer to the Complaint Process outlined in Section 9 of these Terms if you feel that any content or postings on the Site infringe upon your intellectual property or other rights.

The Dispute Resolution Process 9.

Please send an email to [email protected] with the following details if you see any content or postings on this Site that you believe violates your intellectual property or other rights. Please include the following information in your complaint: (a) your name and, if applicable, your company’s name; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and the basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and

Ten. External Resources and Functionality.

To help users find relevant information, products, or services, the Site may provide connections to third-party websites. We do not assume any responsibility for the content, policies, or practices of any connected sites, including those of our suppliers and vendors. Payment processing is just one example of a service that might be offered on the Site by a third party. We have no responsibility for the accessibility, content, security, policies, or practices (including privacy policies and practices) of any linked sites or for any features or services embedded in such sites. Any use you make of the offered links to other websites is done so at your own discretion and risk.

11 Terms, Modifications, and Cancellation.

We reserve the right to modify these Terms or to impose other terms and conditions on your access to or use of this Site at any time and without prior notice, in our sole discretion. Any notice of such amendments or additions, including by way of publication of the amended or additional terms and conditions on this Site, shall be effective as of the date of receipt. In order to ensure that you are aware of any changes to these Terms that may impact your rights or responsibilities hereunder, you should revisit this Site on a regular basis. You acknowledge that you will be treated as having been informed of and bound by any changes we make to these Terms. If you continue to use this site after we have notified you that we have made changes to these Terms, your continued use of the site will be taken as acceptance of those changes. Unless otherwise agreed to in writing and signed by a fully authorized officer of our company, no changes made to these Terms by any person other than us shall be valid or enforceable against us. Failure to comply with these Terms, providing us with untrue or inaccurate information about yourself, infringing upon our proprietary rights, or for any other reason or for no reason at all may result in the suspension or termination of your account and your ability to use the Site or any services on the Site.

Twelve. Caveats.

The Site’s Contents, Comments, data, links, advertising, and other items are not verified or warranted in any way by us or any of our subsidiaries or affiliates. We may, at any time, and for any reason, delete any Materials or Comments from the Site. Although we are not bound to do so, at any time, with or without notice, in our sole discretion, we may review, verify, make changes to, or remove any Comments, Site Contents, or the Site, including information submitted in conjunction with the Site Contents or other features. You acknowledge that you may not rely on Site Materials or Comments without first doing your own risk assessment and bearing all related risks. All information, data, text, software, products, services, and other materials made available or provided through the Site are done so “as is” and “with all faults,” without warranty of any kind, either express or implied. The site is used at the user’s own risk. With respect to the Site, the Comments, the Site Contents, the Data and other Materials made available or provided through the Site, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE With respect to any and all Comments, the Site, the Site Contents, Services, Products, Data, and Other Materials on, in, and made available or provided through the Site, the WHOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT IS WITH YOU.

Product and Service Guarantees, Section 13.

We hope that you enjoy using your new purchase. If you are unhappy with a product you bought on the Site, you can send it back to us in accordance with our return policy. Manufacturer warranties and service information are typically included with many products. Warranties provided by manufacturers may change from one item to the next. The warranties and representations made by the manufacturers of the products and services we sell are the only ones that apply. ABOUT ANY GOODS OR SERVICES SOLD TO YOU THROUGH THE SITE, WE MAKE NO ADDITIONAL REPRESENTATIONS OR WARRANTIES (AND HEREBY DISCLAIM ALL). If a manufacturer’s representation or warranty applies to your situation, you’ll need to pursue a claim with that manufacturer. At our sole discretion, we may provide commercially reasonable assistance to help you pursue such remedies from the relevant manufacturer.

Responsibility Limits in Section 14.

The Site, the Comments, the Site Contents, the Data, and other Materials Made Available or Provided Through the Site are provided “AS IS” and we will not be responsible to you or any third party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind, including lost revenues, lost profits, or diminished value. Notwithstanding anything to the contrary contained herein, in no event shall our total liability to you or any other person or entity in connection with, based upon, or arising from the Site, Comments, the Site Contents made available through the Site, or the Services, Products, Data, or other Materials offered in connection therewith exceed, in the aggregate, an amount greater than $100.00.

Liability Waivers and Releases; 15. Exceptions to Limits and Exclusions.

Please be aware that the limitations and exclusions of responsibility set forth in Sections 12, 13, and 14 above may not apply to you because they may violate local law (such as New Jersey’s law restricting the scope of implied warranties for consumer items and services). As a result, you may find that some of the disclaimers above do not apply to your situation. We advise you to speak with an attorney in your area for advice on these matters. The limits and exclusions of liability set forth in these Terms shall apply to the maximum extent permissible by applicable law. If any limitation or exclusion of liability set forth in these Terms is found to be unlawful or unenforceable for any reason. Your sole and exclusive recourse with respect to the Site or any of these Terms is to cease using the Site.

To be indemnified.

You agree to indemnify, defend, and hold us, our owners, affiliates, related entities, and each of their respective directors, officers, members, shareholders, employees, contractors, representatives, and agents (“Indemnitees”) harmless from and against any and all losses, damages, liabilities, fines, penalties, interest, awards, judgments, costs, and expenses (including reasonable attorneys’ fees, experts’ fees, and costs of litigation) (collectively, “Losses”). You are not permitted to settle any Claim without our express written approval. You agree that we (or our licensors) may, at our option and expense, assume the defense of any Claim, and that you will cooperate reasonably with us in such defense. You have the right to retain your own legal representation and take part in the defense of any Claim. You will have the right to defend a Claim with counsel reasonably acceptable to us if we (or our licensors) do not tell you that we (or they) elect to conduct the defense of a Claim (or them).

Internet Safety, No. 17.

We will do our best efforts to keep the Site online as much as possible. On rare circumstances, however, the Site may be inaccessible or experience interruptions. Wherever possible, we will make every effort to keep disruptions to a minimum. Your use of the Site is subject to change, suspension, or termination at any time without notice or liability to you. In addition to (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices, you acknowledge that the technical processing and transmission of materials to, from, or through the Site may involve the use of unencrypted transmissions. Information transferred to, from, or through our Site may not be secure during transmission, and we cannot ensure the privacy of any communication or content sent via the Site or the Internet, including, but not limited to, personally identifying information like your name and address.

Laws that apply 18.

The laws of the State of New York, without regard to its conflict of law provisions, will govern and control the interpretation of these Terms. You hereby irrevocably waive your right to trial by jury and any jurisdictional and venue defenses otherwise available and submit to the exclusive jurisdiction of the federal and state courts located in New York by accessing, viewing, or using the services, works, content, or materials on the Site, subject to Section 21 of this Agreement. The validity and enforceability of the remaining provisions of these Terms shall not be affected by the unlawfulness, invalidity, or unenforceability of any part of these Terms. Users accessing the Site from outside the United States are responsible for following all local, state, and federal laws in their respective regions.

The Agreement’s final section is Section 19.

All prior written or oral agreements between the parties with respect to the subject matter hereof are thus expressly superseded and replaced by these Terms. We will not treat a waiver of one breach or default herein as a precedent to or waiver of any other breach or default. All section and paragraph headings contained in these Terms are for reference purposes only and shall not be used in construing or interpreting these Terms. Without limiting the generality of the foregoing, you understand and agree that the terms and conditions of your purchase of any goods or service are in addition to, and not in substitution for, these Terms and the information given in this Site. These Terms do not replace any additional terms and conditions that may apply to your use of a particular section of this Site (“Specific Terms”). Any inconsistency between these Terms and the Particular Terms will be resolved in favor of the Specific Terms.

Forces Outside of One’s Command.

Nonperformance or delay in performance due to acts beyond our reasonable control, such as acts or omissions of third parties, lack of supplies, failure of equipment, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks, shall not entitle you to any remedy or compensation.

21. Consent to Arbitrate and Waiver of Certain Rights.

You and Stonekala have mutually agreed to forego going to court and instead submit any issues between you and Stonekala to binding and final arbitration. You and Stonekala agree to forego a trial by jury in connection with any Claim. You and Stonekala agree to submit to binding arbitration any and all disputes, controversies, claims, counterclaims, or other issues arising out of or connected to these Terms of Use or the Website (each, a “Claim”) (“AAA Rules”). A sole arbitrator will hear the case and make a final decision. You consent to the exclusive jurisdiction of New York and agree that the arbitration will take place in New York. Any award rendered by the arbitrator in any such arbitration shall be final, binding, and enforceable in any court of competent jurisdiction. Except as may be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations, the existence of the arbitration and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) shall be kept confidential and shall not be disclosed beyond the arbitration proceedings.

If you can show that the expenses of arbitration will be excessive in comparison to the costs of litigation, the Stonekala will pay as much of the arbitration’s administrative costs and arbitrator’s fees as the arbitrator thinks necessary to keep the cost of arbitration below the cost of litigation. The arbitrator’s final award may include a determination of how the parties should pay for the arbitration and the arbitrator’s salary.

Neither you nor Stonekala are prevented by this arbitration agreement from filing a claim with any applicable federal, state, or municipal government agency. Both you and Stonekala are entitled to file claims in the appropriate small claims court. You and Stonekala also retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and no such request shall be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided for in these Terms of Use.

With regard to any Claim, neither you nor Stonekala may serve as a class representative or private attorney general, nor may you join a class as a member. There will be no class or representative arbitration of claims. Your and/or Stonekala’ individual Claims are the only ones the arbitrator can rule on. No other similarly situated parties or individuals may have their claims combined or joined by the arbitrator.

The provisions of this Section shall be deemed null and void and severed if any provision of this Section is held to be unlawful or unenforceable, but the remaining provisions of this Section shall remain in full force and effect. No term of this Section of the Conditions of Use will be waived unless the waiver is recorded in writing and signed by the party making the waiver. Any provision of these Conditions of Use that is waived in this manner shall remain in full force and effect. When your account with Stonekala is closed, this provision of the Conditions of Use will remain in effect.

This section limits your ability to file a lawsuit in court, have a jury decide your case, join a class action or other representative suit, engage in discovery outside of the scope of the AAA’s rules, and get certain remedies and forms of relief. You or Stonekala may not be able to exercise other rights afforded by the court system in arbitration.

22. Other/Variable.

The Site is managed and governed by U.S. citizens. Notwithstanding anything to the contrary in these Terms or elsewhere, we make no representation that the Site, Site Contents, Comments, services, products, information, or other materials available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Users from other locations access the Site at their own risk and are responsible for compliance with local laws. No delay or omission on our part in exercising, or a waiver by us of, any right herein shall operate as a waiver of any other rights hereunder. These Terms’ headings are included for convenience only and will not be considered in interpreting these Terms. These Terms and no provision hereof shall be interpreted to benefit any person or entity that is not a party to this agreement. In this context, the phrase “without limitation” shall be interpreted to follow the words “including,” “including,” and any other similar grammatical modifications.

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