TERMS of USE

Welcome to the Shades of Stone web site (the "Site"). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

Shades of Stone dba Shades of Stone LLC reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Shades of Stone for other products or services. 

Questions or comments about the Site or its contents should be directed to info@shadesofstone.com

1. INCORPORATED POLICIES OR TERMS

1.1 Privacy Policy. See our Privacy policy

1.2 Terms of Sale. All orders placed via the Site are governed by Shades of Stone's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Shades of Stone's sole discretion so you should review the Terms of Sale each time you make a purchase. 

1.3 News Terms of Use (User Agreement)

1. By downloading, copying, reproducing, redistributing, printing, or using material owned by Shades of Stone and specifically made available on the Shades of Stone website, you signify your acceptance of this User Agreement and agree to all Terms of Use in this User Agreement.
2. “Material” means works whether written, graphical, photographical, visual, audio, and any subject matter owned by Shades of Stone that appears or has been implemented in the News Section on the Shades of Stone website.
3. As is the case with all material on the Shades of Stone website, material located in the Shades of Stone News Section is protected by copyright.
4. Permission (“Permission”) to use Shades of Stone's News material is granted conditionally as set out in the News Conditions of Use. 
5. Nothing in the granting of this Permission constitutes an irrevocable privilege or right on the part of the user.
6. Shades of Stone reserves the right to revoke permission to use any of its copyrighted materials in the event that Shades of Stone determines that the user of the copyrighted material has abused the privilege to use the material in the manner set out in the conditions of use. 
7. The user of the copyrighted material upon notice from Shades of Stone shall immediately cease and desist from using the material, and if the material is displayed on a website, promptly remove the material from the website without undue delay. 

1.4 Copyright & Disclaimer:

The information in these Web pages is intended for U.S. businesses or their customers only and is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. In no event shall Shades of Stone be liable to any person for any special, indirect or consequential damages relating to this or use of these materials. 

Any issues involving this site shall be governed by the laws of the state of Florida and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in Florida. 

Product categories and classifications such as Granite, Marble, Travertine, Limestone, Quartzite, etc. are based on generally accepted industry acceptance. They do not necessarily reflect the geological composition of the material. In many cases, these materials are technically made of a different geological makeup. For example, many stones are commonly known as granites, but geologically, they are actually Charnockites, Polimitic Mataconglomerates, and any of other various different geological stones. In addition, many stones commonly referred to as marble are geologically limestone. Products shown on Shades of Stone's website reflect the industry classification of products and do not necessarily reflect the geological composition. Shades of Stone makes no guarantee or representation of the geological composition of any stone. In addition, the category reflected on our website, should not necessarily be used for customs classification. If the geological composition is important, we suggest getting the product tested by a scientific laboratory.

All prices shown are Wholesale Price or special negotiated prices with each customer and does not include destination and handling charges. Price excludes license, registration, taxes and options. Prices are subject to change. Actual prices may vary and are determined by Shades of Stone. Check with your Shades of Stone sales person for complete accuracy of information, availability and delivery charges. 

2. COPYRIGHT 

Please see our copyright section

3. CUSTOMER ACCOUNT OBLIGATIONS

After you have accepted these Terms of Use, you may open a customer account under the Account Registry section of the Site (the "Customer Account"). As part of the registration, the person who opens the Account on the Site (the "Administrator") may choose to provide to us the information of other users who are authorized to perform certain functions on the Administrator's behalf through the Account ("Authorized Users"). The Administrator shall specifically select which functions each Authorized User has the authority to perform via the Site.

Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.
You will receive a password and account designation when you have completed the Account information. If you are the Administrator of your Account, in consideration of your use of the Site, you agree:

(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User; 

(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for Shades of Stone products and services on behalf of you or your company; 

(c) that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized; 

(d) that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;

(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you; 

(f) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and

(g) that you are fully responsible for managing your Account, including but not limited to: 

(i) maintaining the confidentiality of passwords and/or any Account information; 
(ii) maintaining and promptly updating the Account information to keep it true, accurate, current and complete;
(iii) ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and
(iv) terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site by you. Account information and certain other information about you is subject to our Privacy Policy . For more information, please see our Privacy Policy.

4. OWNERSHIP OF TECHNOLOGY

Shades of Stone has an automated shipment software that provides buyers with "real-time" on-line quotes for various methods of shipments on all transportation costs from various distribution centers to chosen destinations (the "Technology"). You acknowledge that Shades of Stone owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping in the building industry. All content included on this Site is the property of Shades of Stone, and/or its various third party providers and distributors and is protected under the intellectual property laws of the United States and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Shades of Stone and/or its third party providers and distributors.

5. TRADEMARKS AND SERVICE MARKS

Shades of Stone, the Shades of Stone logo, and the products and services described in this Site, including without limitation, "Shades of Stone", are either trademarks, service marks or registered trademarks of Shades of Stone and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shades of Stone or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Shades of Stone, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shades of Stone. All other trademarks, registered trademarks, product names and Shades of Stone names or logos mentioned herein are the property of their respective owners. 

6. USE OF SITE

Shades of Stone grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Shades of Stone or any third party.

This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Shades of Stone, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Shades of Stone or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. 

You may not use, frame or utilize framing techniques to enclose any Shades of Stone trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Shades of Stone's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Shades of Stone name, trademark, or product name without Shades of Stone's express written consent.

7. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. Shades of Stone reserves the right, in its sole discretion, to not accept an order.

8. TERMINATION 

You agree that Shades of Stone, in its sole discretion, may terminate your or any Authorized User's password, account or use of the Site, or restrict your or any Authorized User's access to any component of this Site, for any reason, including without limitation, for lack of use or if Shades of Stone believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. Shades of Stone may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that Shades of Stone may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Shades of Stone shall not be liable to you or any third party for any termination or restriction of access to the Site.

9. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY Shades of Stone TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. Shades of Stone MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Shades of Stone SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.

Shades of Stone EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 

10. LIMITATION OF LIABILITY

YOU AGREE THAT Shades of Stone , ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Shades of Stone HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Shades of Stone (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED US $100.00 OR THE COMPENSATION YOU PAID Shades of Stone, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

11. INDEMNIFICATION

You shall indemnify, defend and hold harmless Shades of Stone and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users' use of this Site, including but not limited any violation by you or any Authorized User of the Terms of Use. Shades of Stone reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations. 

12. LINKS

This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Shades of Stone of the linked web site or information contained therein. Shades of Stone shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. 

13. RELATIONSHIP

The relationship between Shades of Stone and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site. 

14. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of Florida,United States without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Fairfax County, in the State of Florida,United States, in all disputes arising out of or relating to the use of this Site and this Agreement.

15. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 

16. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 

17. HEADINGS

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. 

18. ENTIRE AGREEMENT

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.