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Stoneyard.com Terms & Conditions
Currency
All transactions are in U.S. Dollars $USD.
Terms
1.
Customer acknowledges that prior to taking possession
of any products and/or goods he examined it, he
is aware of its condition, and that the products
and/or goods are in good and acceptable condition.
Customers who pick up products directly from Stoneyard.com
assume all risks of loss, including damage and bodily
injury while on the premises.
2.
Customer assumes all risks inherent in the operation
and use of items used or rented from Stoneyard.com
including all claims of damage to property or bodily
injury. From the time that the customer takes possession
of the item until it is returned, the customer is
responsible for the item. If the item is lost, stolen,
or damaged under any circumstances while in the
possession of the customer, the customer shall be
responsible for all charges to replace the item.
The customer agrees to return the item in the same
condition as received, except for ordinary wear
and tear.
3.
Customer is responsible for the products and/or
goods upon taking delivery of same. If Customer
contracts for the delivery of the products and/or
goods to a destination owned by a third party, Customer
assumes all risks inherent with the delivery and
shall supervise and provide directions for the placement
of the products and/or goods once it arrives at
the designated location. There shall be no liability
on Stoneyard.com for incorrect location or damages
and/or injuries caused during delivery whether on
Customer's property or property of third party.
The Customer further assumes the entire responsibility
for the defense of, and to pay, indemnify, and hold
Stoneyard.com harmless from and hereby releases
Stoneyard.com from any and all claims for damage
to property or bodily injury (including death) resulting
from the delivery of the products and/or goods.
4.
If Customer shall fail to make any payment due herein
or if Stoneyard.com shall deem its rights to be
insecure or if the Customer shall become bankrupt
or insolvent and/or a receiver is appointed to take
charge of the Customer's property or affairs, Stoneyard.com
may terminate this contract and have the right to
(a) take possession of the product and/or goods
and (b) enter upon the premises where the product
and/or goods are located and take possession of
it and remove it from the property. The Customer
agrees to protect and defend and to hold Stoneyard.com
harmless for all damage or claim's of damage accessioned
by such entry of repossession or removal and to
pay Stoneyard.com all costs, including court costs
and attorney's fees by reason of any (a) refusal
to permit Stoneyard.com or (b) inability of Stoneyard.com
to enter upon the premises to take possession of
or remove the products and/or goods.
5.
The Customer, and his representative or principal
shall be responsible for and shall pay Stoneyard.com
all charges hereunder. All charges are due upon
delivery and on demand unless otherwise agreed in
writing.
6.
Customer agrees to pay attorney's fees, collection
fees, court costs and any other expenses in collecting
any charges under this agreement in taking the products
and/or goods or other wise in enforcing the terms
of this agreement. If the charges are not paid in
full when due, Customer agrees to pay interest of
1.5% monthly on the outstanding balance until satisfied.
7.
This Contract represents the entire agreement and
there are no collateral, oral or other agreements
outstanding. No rights under this contract may be
modified and no extension of the terms and conditions
may be made except in writing signed by Stoneyard.com
and made a part of this agreement.
8.
The Customer is responsible to comply with all the
provisions of the Occupational Safety and Health
Act (OSHA) and shall be exclusively liable for the
safety of its employees or others. If any Citations
are issued to The Stoneyard.com based on a claim
of (a) Customer's non-compliance with the act, or
(b) violations by Customer affecting Customer’s
employees or others, or (c) injury to any of Customer’s
employees or others, the Customer shall defend,
protect, hold harmless and indemnify Stoneyard.com
for all loss, liability, costs, delay etc. which
Stoneyard.com may sustain as a result of such Citation
or contesting same or both.
9.
The Customer agrees that there are no returns or
exchanges, all sales are final.
10.
Prices are subject to change without notice.
11.
Stoneyard.com is not responsible for typographical
errors.
Stoneyard.com
Legal Notices
Welcome
to the Stoneyard.com™ site. By using the Stoneyard.com
Web site YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES
(explained below), CONDITIONS OF USE, PRIVACY POLICY
and all disclaimers and terms and conditions that
appear elsewhere on the Stoneyard.com Web site.
References
to Stoneyard.com herein refer to Stoneyard, Inc.,
Stoneyard LLC, The Stoneyard, LLC, Stoneyard.com
LLC, or their affiliates, subsidiaries and designees
as deemed appropriate by Stoneyard, Inc.
Stoneyard.com
reserves the right to make changes to its Legal
Notices and Conditions of Use at any time. Each
time you use the Stoneyard.com Web site, you should
visit and review the then current Legal Notices
and Conditions of Use that apply to your use of
this site and any transactions made while on the
site. If you are dissatisfied with, its content
or Legal Notices and Conditions of Use, you agree
that your sole and exclusive remedy is to discontinue
using the Stoneyard.com Web site.
Tampering
with the site, misrepresenting the identity of a
user, using buying agents or conducting fraudulent
activities on the site are prohibited.
Right
to Download
You
may only download Content displayed on the Stoneyard.com
Web site for non-commercial, personal use provided
you also retain all copyright, trademark and other
proprietary notices contained in the material, do
not modify or alter the material and do not copy
or post the material on any network computer or
broadcast the material in any media. It is strictly
prohibited to modify, transmit, distribute, reuse,
repost, "frame" or use the content of the Stoneyard.com
Web site including the text, images, audio and/or
video for public or commercial purposes without
written permission from an authorized representative
of Stoneyard.com. It is strictly prohibited to download
the images of the products for sale within this
site.
Proprietary
Rights
All
content included on or comprising the Stoneyard.com
Web site including information, data, software,
photographs, graphs, videos, typefaces, graphics,
music, sounds and other material (collectively "Content")
is protected by copyright, trademark, patent or
other proprietary rights, and these rights are valid
and protected in all forms, media and technologies
existing now or developed in the future. All Content
is copyrighted as a collective work under the U.S.
and international copyright laws, and Stoneyard.com
owns, to the fullest extent allowed by such laws,
the copyright in the selection, coordination, arrangement,
and enhancement of all Content.
Except
as expressly authorized or licensed, you may not
copy, modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale, lease
or rental of, create derivative works from or in
any way exploit any of the Content, in whole or
in part.
One
or more patents are pending that apply to this site.
The
Stoneyard.com logos and other trademarks on the
site are the property of their respective owners
and are owned by, licensed to, or, where required,
used with permission by Stoneyard.com and may not
be reproduced, copied, or manipulated in any manner
without the express, written approval of the trademark
owner.
By
using the Stoneyard.com Web site, you agree that
any information (except for purchase information),
materials, suggestions, ideas or comments you send
to Stoneyard.com or any other third party using
the Stoneyard.com Web site is non-confidential.
By submitting any solicited or unsolicited information
using the Stoneyard.com Web site, you grant Stoneyard.com
an irrevocable and unrestricted license to use,
modify, reproduce, transmit, display and distribute
such materials, photographs, pictures, drawings,
information, suggestions, ideas or comments for
any purpose whatsoever to the extent permitted by
law.
Applicable
Law
The
Stoneyard.com Web site is created, operated and
controlled by Stoneyard.com in the State of Massachusetts,
United States of America. The laws of the State
of Massachusetts will govern the Legal Notices and
Conditions of Use without giving effect to any principles
or conflicts of laws.
Links
to Third-Party Web Sites
The
Stoneyard.com Web site contains links to other sites
operated by third-parties, including but not limited
to third-party sites that display the Stoneyard.com
trademarks ("Third-Party Site(s)"). These links
are available for your convenience and are intended
only to enable access to these Third-Party Sites
and for no other purpose.
Stoneyard.com
does not warrant or make any representation about
the substance, quality, functionality, accuracy,
fitness for a particular purpose, merchantability
or any other representation about any Third-Party
Site or its content. A link to a Third-Party Site
on the Stoneyard.com Web site does not constitute
sponsorship, endorsement, approval or responsibility
for any Third-Party Site. Stoneyard.com makes no
representation or warranty as to any products or
services offered on any Third-Party Site.
The
conditions of use and privacy policy of any Third-Party
Site may differ substantially from the Conditions
of Use and Legal Notices that apply to your use
of the Stoneyard.com Web site. Please review the
conditions of use for all Third-Party Sites for
more information about the terms and conditions
that apply to your use of Third-Party Sites.
Privacy
Please
review the Stoneyard.com Privacy Policy for information
on the privacy practices of the Stoneyard.com Web
site.
Security
If
you use this site, you are responsible for maintaining
the confidentiality of your account and password
and for restricting access to your computer. You
agree to accept responsibility for all activities
that occur under your account and password.
The
Stoneyard.com site may only be used for lawful purposes.
Activities including, but not limited to, tampering
with the site, misrepresenting the identity of a
user, using buying agents or conducting fraudulent
activities on the site are prohibited.
Users
are prohibited from violating or attempting to violate
the security of the Stoneyard.com Web site, including,
without limitation, (a) accessing data not intended
for such user or logging onto a server or an account
which the user is not authorized to access; (b)
using the web site for unintended purposes or trying
to change the behavior of the site; (c) attempting
to probe, scan or test the vulnerability of a system
or network or breach security or authentication
measures without proper authorization; (d) attempting
to interfere with service to any user, host or network,
including without limitation via means of submitting
a virus to the site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;"; (f) forging any TCP/IP
packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of
system or network security may result in civil or
criminal liability; or (g) forging communications
on behalf of the Web site (impersonating the Stoneyard.com
Web site) or to the Web site (impersonating as a
legitimate user). Sending unsolicited and unauthorized
e-mail on behalf of Stoneyard.com, including promotions
and/or advertising of products or services, is expressly
prohibited. Violations of system or network security
may result in civil or criminal liability.
You
agree not to use any device, software or routine
or data to interfere or attempt to interfere with
the proper working of the Stoneyard.com Web site
or any activity being conducted on this site. You
agree, further, not to use or attempt to use any
engine, software, tool, agent, data or other device
or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents)
to navigate or search the Stoneyard.com Web site
other than the search engine and search agents provided
by Stoneyard.com or generally publicly available
browsers.
Owner
and Operator of Stoneyard.com Web site
Stoneyard,
Inc. is the owner and operator of the Stoneyard.com
Web site.
The
mailing address for Stoneyard, Inc. is 2 Spectacle
Pond Road, Littleton, MA 01460 USA.
Transaction Security provided by:
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