Sandstone Goods is an E-commerce site (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this agreement by reference.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company services. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this agreement prior to you using the Website. Persons under the age to 13 are not permitted to register for the Website or use of the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY VISITING, USING, INTERACTING WITH, AND/OR PURCHASING FROM THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT WE MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SG SERVICES, WEBSITE, OR OTHER MEDIA PLATFORMS. ANY BREACH OR VIOLATION OF THE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF YOUR SERVICES AND MAY LEAD TO ANY AND ALL PUNISHMENTS APPLICABLE BY LAW.
PURCHASES AND PAYMENT
Sandstone Goods bills you through an online billing platform (Shopify) for purchases of products and/or services. You agree to pay SG all charges at the prices then in effect for the products you or other persons using your billing account or method of payment may purchase, including any applicable taxes and fees, and you authorize SG to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to Our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. SG reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by SG. We reserve the right to modify or discontinue services and/or prices (or any part or content thereof) at any time without notice. We shall not be liable to you or to any Third Party for any modification, price change, suspension, or discontinuance of service. All payments shall be in U.S. dollars.
We reserve the right to refuse any purchase or order you place with Us without limitation. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel a purchase or order, We may attempt to notify you via the e-mail, billing address, phone number or form of contact provided at the time the purchase or order was placed. We reserve the right to limit or prohibit orders that, in Our sold judgement, appear to be placed by dealers, resellers, or distributors.
PRODUCTS AND SERVICES
Certain products of services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to Our Return & Exchange Policy.
We have made every effort to display as accurately as possible the colors and images of Our products that appear online. We cannot guarantee that your computer monitor’s display of any product image or color will be accurate. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We reserve the right, but are not obligated, to limit the sale of Our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-base basis.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
RETURN AND EXCHANGE POLICY
If for some reason your purchase does not work out, We will gladly accept returns within 7 days of the delivery date for exchange or store credit only. Items must be in their original, unused condition to be eligible for return. All plants and sale items are considered final sale and cannot be returned.
Original shipping charges are non-refundable and return shipping costs are the responsibility of the buyer. We suggest that any returned merchandise is insured for the total cost of the items along with shipment tracking information as We cannot be held responsible for lost or damaged items. Please email Us at HELLO@SANDSTONEGOODS.COM if you have any questions regarding exchanges, to notify Us about your return, or if you need help throughout the process.
Once We receive your returned product(s), a store credit will be issued to you via email in the form of a Sandstone Goods e-gift card.
RISK OF LOSS
All items purchased from the SG Website or any other media channels are made pursuant to a shipment, delivery, or pick-up contract. This means that the risk of loss and title for such items pass to you upon Our delivery to the shipment carrier.
Regarding your registration, payment details, and/or contact information
By using the Sandstone Goods Website and services, you represent and warrant that:
- all information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password, account, payment details, and personal information;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parent or guardian permission to use this website; and
- your use of Sandstone Goods services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration and/or purchase forms and (b) maintain and promptly update personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sandstone Goods has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SG has the right to suspend or terminate your account, profile, or information and refuse any and all current or future use of the Website and media platforms (or any portion thereof).
We reserve the right to remove or reclaim or change any user name you select if We determine appropriate in Our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding content you provide
The Website may invite you to comment, chat, review, or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to SG and/or to or via the Website or social platforms, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “contributions”). Any contributions you transmit to SG will be treated as non-confidential and non-proprietary. When you creat or make available a contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of SG or any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize SG and the Website users to use your contributions as necessary to exercise the licenses granted by you under this agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and the use of the contribution in the manner contemplated by this Website;
- your contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by SG), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical or mental harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of SG or any third party;
- your contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- your contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical attribute or handicap;
- your contribution does not otherwise violate, or link material that violates, any provision of this agreement or any applicable law or regulation.
By posting contributions to any part of the Website or social platform, or making them accessible to the Website or social platform by linking your account or profile to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to SG and unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise to prepare derivative works of, or incorporate into other works, such contributions and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution of license will apply to any form, media, or technology now known or hereafter developed, and included Our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. SG does not assert any ownership over your contributions; rather, as between Us and you, subject to the rights granted to Us in this agreement, you retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions.
SG has the right, in Our sole and absolute discretion to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) prescreen or delete any contributions that are determined to be inappropriate or otherwise in violation of this agreement.
By uploading your contributions to the Website or social channels, you hereby authorize SG to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
Sandstone Goods may accept, reject or remove reviews in its sole discretion. SG has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. This persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity/item being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, disability, or reference to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements of organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by SG and do not represent the views of SG or any affiliate or partner of SG. We do not assume liability for any review or for any claims, liabilities or losses resulting form any review. By posting a review, the reviewer hereby grants to SG a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to SG to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the Sandstone Goods services via a mobile application, then SG grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SG or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of SG or other intellectual property of SG in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing SG to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SG and/or grant SG access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the Terms and Conditions that govern your use of the applicable Third Party Account and without obligating SG to pay any fees or making SG subject to any usage limitations imposed by such third party service providers.
By granting SG access to any Third Party Accounts, you understand that (i) SG may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) SG may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website.
Please note that if a Third Party Account or associated service becomes unavailable or SG’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. SG makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and SG is not responsible for any Social Network Content. You acknowledge and agree that SG may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website.
At your request made via email to Our email address listed below, or through your account settings (if applicable), SG will deactivate the connection between the Website and your Third Party Account and delete any information stored on SG’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or SG services (“submissions”) provided by you to SG are non-confidential and SG (as well as any designee of SG) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use the Website for any other purpose other than that for which Sandstone Goods makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SG. Prohibited activity includes, but is not limited to:
- illegal, unauthorized, criminal or tortious activity;
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SG;
- making any unauthorized use of the SG services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- tricking, defrauding or misleading SG and other users, especially in any attempt to learn sensitive account information such as passwords;
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- transmitting any worms, viruses, or any code of a destructive nature;
- attempting to impersonate another user or person or using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- using the SG services as part of any effort to compete with SG or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any SG employees or agents engaged in providing any portion of the SG services to you;
- deleting the copyright or other proprietary rights notice from any Website content;
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or
using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“company content”) and the trademarks, service marks and logos contained therein (“marks”) are owned by or licensed to SG, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SG content, includes, without limitation, all source code, databases, functionality, software, Website designs, audio, video, text, photographs and graphics. All SG graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of SG in the United States and/or other countries. SG's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SG.
SG content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the SG content and to download or print a copy of any portion of the SG content to which you have properly gained access solely for your personal, non-commercial use. SG reserves all rights not expressly granted to you in and to the Website and SG content and marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or SG services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by Us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any use of goods, services, resources, content or purchases you make through Third Party Websites will be through other websites and from other companies, and SG takes no responsibility whatsoever in relation to such goods, services, resources, content or purchases which are exclusively between you and the applicable third party. Complaints, claims, concerns or questions regarding Third Party content should be directed to the Third Party.
Sandstone Goods reserves the right but does not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in SG’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in SG’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any SG policy;
- in SG’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to SG’s systems;
- otherwise manage the Website in a manner designed to protect the rights and property of SG and others and to facilitate the proper functioning of the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that content available on or through our Website infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our Website has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
- 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 claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- 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 Us to locate the material.
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to Our Designated Copyright Agent as follows:
Designated Copyright Agent
Sandstone Goods, LLC
Address supplied upon request
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that We restore this material.
If you believe your own copyrighted material has been removed from Our Website and/or Our service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to Our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which Our Company is located.
- A statement that you will accept service of process from the party that filed the Notification or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth above.
If you send Us a valid, written Counter Notification meeting the requirements described above, We will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date We receive your Counter Notification, unless Our Designated Copyright Agent first receives notice from the party filing the original Notification informing Us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting Us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SANDSTONE GOODS RESERVES THE RIGHT TO, IN SG’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SG SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND SG MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SG SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN SG’S SOLE DISCRETION.
In order to protect the integrity of the Website and SG services, SG reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and SG services.
Any provisions of this agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF SG’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A SG CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If SG terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, SG reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Sandstone Goods may modify this agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the SG services after any such modification becomes effective. SG may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages We send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Sandstone Goods reserves the right at any time to modify or discontinue, temporarily or permanently, the SG services (or any part thereof) with or without notice. You agree that SG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SG services.
With Sandstone Goods
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that SG is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SG, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the SG services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the SG services shall be governed and construed by the laws of the State/Commonwealth of CALIFORNIA excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against SG arising out of or related in any respect to this Website and the SG services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Kern County, State of CALIFORNIA; subject, however, to the right of SG, at the SG’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other Third Party Rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the SG services (including your visit to or use of the Website and/or the SG services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if We have to take any legal action to enforce this Agreement.
With Sandstone Goods
- Governing Law; Jurisdiction. This Agreement and all aspects of the Website and SG services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of CALIFORNIA without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in KERN County, State of CALIFORNIA, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or SG services be instituted more than two (2) years after the cause of action arose.
- Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and SG agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and SG are unable to resolve a Dispute through informal negotiations, either you or SG may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, SG will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in KERN County, State of CALIFORNIA. Except as otherwise provided in this Agreement, you and SG may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and SG agree that any arbitration shall be limited to the Dispute between SG and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and SG agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or SG’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor SG will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and SG agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Sandstone Goods cannot control the nature of all of the content available on the Website and/or social media platforms. By operating the Website, SG does not represent or imply that SG endorses any blogs, contributions or other content available on or linked to by the Website and/or social media platforms, including without limitation content hosted on third party websites or provided by third party applications, or that SG believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the website or in connection with any contributions. We are not responsible for the conduct, whether online or offline, of any user of the Website or SG services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SANDSTONE GOODS SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SG SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SG SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SANDSTONE GOODS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, SG SERVICES, OR THIRD PARTY SERVICES, EVEN IF SG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SG FOR THE SG SERVICES DURING THE PERIOD OF 90 DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Sandstone Goods, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the SG services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, SG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SG, and you agree to cooperate, at your expense, with SG’s defense of such claims. SG will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Sandstone Goods shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Through our host platform Shopify and its affiliates, our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the SG services, as well as data relating to your use of the SG services. We do not perform regular routine backups of data and you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the SG services. You agree that SG shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against SG arising from any such loss or corruption of such data.
Your use of the SG services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SG SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Users are allowed on sandstonegoods.com to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on sandstonegoods.com and fraud verification is performed through our platform host, Shopify.
This Agreement constitutes the entire Agreement between you and Sandstone Goods regarding the use of SG products and services. The failure of SG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account and/or personal information may not be assigned by you without Our express written consent. SG may assign any or all of its rights and obligations to others at any time. SG shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond SG’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and SG as a result of this Agreement or use of the Website and SG services. Upon SG’s request, you will furnish SG any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against SG by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding Sandstone Goods products or services, or to receive further information regarding use of the SG products or services, please contact SG as set forth below or, if any complaint with Us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Sandstone Goods, LLC (“SG” or “Us” or “We”)
© Sandstone Goods 2022