TERMS AND CONDITIONS
Electronic Signature Consent to These Terms and Online Agreements
Your access and use of the Sites is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms. Stonecorner reserves the right to change these Terms any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Sites.
By accessing this Site and, where prompted, clicking “I agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and Stonecorner and you hereby state that electronic signatures shall have the same force and effect as original signatures with respect to these Terms and all written agreements entered into between you and Stonecorner on the Sites.
Stonecorner may offer from time to time certain services or features on the Sites (including, without limitation, generate a quote, schedule an appointment, post to message boards, testimonials, videos, social media pages, public forums, event calendars and newsletters) (collectively, the “Services”). The following terms under these Terms pertain to your ability to use the Services made available by Stonecorner on the Sites:
Account Login. Browsing of the Sites’ public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites may only be accessible to users having an account with Stonecorner. If you do not have an account, you may sign up for one by accessing the Sites and following the directions for setting up an account. Stonecorner reserves the right to decline to activate an account for any person for any reason. If you have an active account, you may be asked to login to your account before you are able to access certain features of the Sites. You may be able to login to your account using a name and password of a third-party account, such as Facebook or Google, that is associated with your account. You may also be able to login to your account by providing an email address associated with your account. You will then receive an email having a confirmation link in the email. Clicking on the confirmation link automatically logs you in to your account and you will be permitted to view, load, post and use the Services and the specific features of each Stonecorner service for which you have been registered. By logging in and using the Services, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.
Password Protection. You are responsible for maintaining the secrecy of the login credentials you use to access your account (e.g., the password to your Facebook or Google account) and protecting against unauthorized use of your password. You also are responsible for all activities that occur using your login credentials. You will immediately notify Stonecorner if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Stonecorner.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent. You must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD STONECORNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY STONECORNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO STONECORNER’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON STONECORNER’S OWN NEGLIGENCE. IN NO EVENT SHALL STONECORNER’S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Stonecorner or its licensors or suppliers’ infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Stonecorner’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to Stonecorner’s public image, goodwill, or reputation.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Stonecorner or its licensors or suppliers’ content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Stonecorner or its licensors or suppliers’ software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Restricted Use of Website Materials
Unless otherwise indicated, Stonecorner or its licensors hold the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Materials”). Additionally, Stonecorner owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Stonecorner, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. Stonecorner retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Stonecorner or any third party.
Stonecorner will allow you to view and print information, documents, and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they much agreed to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Stonecorner or its licensors.
Links to Social Media Sites
The Sites may contain links to other social media accounts and/or webpages hosted by Stonecorner, including without limitation, Facebook, YouTube, Twitter, Yelp!, Vimeo, FourSquare and Linked In. Any content, information, posting, videos, photographs or other materials posted by you to any of these social media accounts and/or web pages hosted by Stonecorner shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Any content posted by Stonecorner on any of these social media accounts and/or webpages hosted by Stonecorner likewise shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Your access to and use of any social media pages hosted by Stonecorner shall be governed by these Terms to the extent the terms set forth in these Terms are not contrary to the Terms or other service agreements between Stonecorner and the social media site operators. You, however, acknowledge that Stonecorner has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Stonecorner for any breach of any Terms or other service agreements between Stonecorner and the social media site operators by virtue of your actions.
Links To Other Sites
Stonecorner may provide links to other Internet sites or resources. Stonecorner likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Stonecorner. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Stonecorner, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Stonecorner has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
Term & Termination
These Terms are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Stonecorner may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (ix) the expiration or termination of your leasing arrangement with Stonecorner or other Service in which you are participating; and/or (x) any other reason reasonably considered by Stonecorner to be in its best interest.
Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that Stonecorner may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. Stonecorner shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.
You may deactivate your account at any time. In order for us to deactivate your account, you must provide us with written notice. You acknowledge that our entire liability and your exclusive remedy under these Terms for any dispute with us shall be your right to terminate your account in accordance with this section. You further agree that Stonecorner shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Upon termination, Stonecorner will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Stonecorner with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Stonecorner to maintain and support the Sites, or any part or portion thereof, during the term of these Terms.
You agree that you will hold harmless Stonecorner, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of the Services and the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing or repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
In no event and under no circumstances shall Stonecorner or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. STONECORNER MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. STONECORNER MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH
THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
In certain instances Stonecorner permits third parties to provide testimonials and information. Stonecorner may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Stonecorner or endorsed by Stonecorner.
Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, videos, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Stonecorner does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide Stonecorner’s general counsel (whose contact information provided below) with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stonecorner to locate the material.
- Information reasonably sufficient to permit Stonecorner to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.