Terms

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,” “mail-bombing” 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 265 Foster Street, Littleton, MA 01460 USA.