Please Review our Terms of Service
terms of service
Last revised: August 08, 2018
Acceptance of Terms
The Stone Construction Co., Inc. ("The Stone Construction Co., Inc.", "TSCCI" or "We"") provides the https://www.thestoneconstructioncoinc.com website (as defined below) and related services, as well as the Site (collectively, the "The Stone Construction Co., Inc. Services") to you subject to the following Terms of Service ("TOS"), which may be updated by TSCCI from time to time without notice to you. You can review the most current version of the TOS at any time at:
https://www.thestoneconstructioncoinc.com/tos By accessing and using the TSCCI Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using the TSCCI Services, you and TSCCI shall be subject to any posted guidelines or rules applicable to such services, including the TSCCI Privacy Policy, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. As used herein, the "site" shall mean the The Stone Construction Co., Inc. website. The website-related services; "you", "yours" and "User" shall mean the user of the website; "we", "us" and "our" shall mean TSCCI the owner and licensor of the site. "Site" shall mean our website at https://www.thestoneconstructioncoinc.com. These Terms of Service are immediately effective upon (i) acceptance by you or (ii) use of the website.
I. License. We reserve the right to change, modify, and update the website at any time for any reason, without notice to you. We reserve the right to refuse service to anyone and to discontinue the TSCCI Services at any time. We also reserve the right to deny your access to the website due to your unprofessional conduct or practices, complaints about you from other Users or members of the public, and other reasons which we consider, at our sole discretion, to be harmful or disruptive.
II. User Signup. We provide the website and services for your personal use. You are not required to register with us separately in order to use the site or to use the TSCCI Services. Website pricing may vary and is subject to change without notice.
In consideration of your use of the site, you represent that you are of legal age to agree to these Terms of Service and form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You are responsible for maintaining the confidentiality of your personal information residing in your computer or wireless device (collectively, "User Devices"), and are fully responsible for all activities that occur using your User Devices. You agree to immediately notify us of any unauthorized use of the site or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of the site or your User Devices.
III. Your Representations and Covenants. Your use of the site and TSCCI Services is strictly subject to the following code of conduct at all times. By using the website you represent and covenant that you will not:
IV. Usage of the The Stone Construction Co., Inc. Services.
You acknowledge that TSCCI may establish general practices and limits concerning use of the TSCCI Services at any time, at our discretion, including without limitation the maximum amount of information that can be submitted by an account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the TSCCI Services in a given period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
V. Consent to Electronic Communications, Transmissions, Storage and Solicitation. We may send you communications or data regarding the site, including but not limited to (i) notices about your use of the site, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via the site, or if you provide us your email address (such as sending us a message regarding the site or filling out the contact form), electronic mail. In order to use the site, you hereby grant permission for us and our software to utilize the processor, storage and bandwidth of your computer / mobile device and network to provide us with certain information about your usage patterns, Session Data (as defined in our Privacy Policy), and other information about your usage experience. We will use this information as described in the Privacy Policy. You understand that the technical processing and transmission of the site, including your user content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and you accept and agree to these uses. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the service results in interstate data transmissions. Always use caution when transmitting personal information.
VI. Release of Claims. WE PROVIDE THE SITE FOR YOUR PERSONAL USE AND WE DO NOT INTERFERE WITH OR ACCEPT RESPONSIBILITY FOR COMMUNICATIONS AND RELATIONSHIPS BETWEEN USERS. IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
VII. Intellectual Property Rights. "The Stone Construction Co., Inc., "TSCCI" and all other trademarks, service marks, slogans, taglines, graphics and logos used in connection with The Stone Construction Co., Inc., or the Site are trademarks or registered trademarks of The Stone Construction Co., Inc. or its affiliates. Other trademarks, service marks, graphics and logos used in connection with the site or platform may be the trademarks of other third parties. Your use of the Site in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of the Site.
VIII. Privacy Policy. You hereby authorize us to collect certain personal data about you. Your use of the Site is subject to our Privacy Policy, which is hereby incorporated into these TOS.
IX. Termination. These TOS are terminable at any time by either party. If you terminate these TOS, you agree to no longer access or use the Site or TSCCI Services and to delete all copies of the Site from any device in your possession. Should you choose to re-access the Site in the future, your use will be deemed as your acceptance of the TOS in effect at the time when you re-access the Site.
X. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR THE SITE WILL NOT EXCEED TWENTY DOLLARS ($20). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XI. Disclaimer of Warranties. WE ARE PROVIDING THE SITE TO YOU "AS IS". WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE SAFE OR SECURE. USE OF THE SITE IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SITE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
XII. Indemnification. You agree to indemnify, defend and hold harmless, The Stone Construction Co., Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) the data or content you submit, post, transmit, distribute, publicize or otherwise make available through the Site or (ii) any of your actions when using the Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
XII. Governing Law. These TOS will be governed by and construed in accordance with the laws of the State of Connecticut, as applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents, without regard for conflict of laws principles.
IVX. Venue; Agreement to Exclusive Jurisdiction; No Obligation for User Disputes. You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOS or the use of the Site or The Stone Construction Co., Inc. Services exclusively in a state or federal court located in Connecticut. You agree to submit to the personal jurisdiction of the courts located in New Haven County, Connecticut for the purpose of litigating all such claims.
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
XV. Notices. Unless specifically provided otherwise, all notices to us under these TOS must be provided by certified U.S. mail at the sending party's expense. Notice sent by mail shall be deemed given three (3) days after the date of mailing. Our address for notices is: PO BOX 428, Southbury, CT 06488, Attn: Legal Department.
XVI. Additional Policies. In addition to these TOS and the Privacy Policy, we may develop new policies governing the user experience that we post on the Site (collectively, "Policies"), which shall be effective upon posting. Our Policies may be changed from time to time and such changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted Policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Policies. In the event you fail to do so, you agree to promptly correct your action when notified by us.
XVII. Amendments. We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time. You can find the most recent version of these TOS at https://www.thestoneconstructioncoinc.com/tos with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of these TOS whenever you use the Site or TSCCI Services to check if they have been updated. You must review these Terms of Service on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised TOS, your sole recourse is to immediately stop all use of the Site. Your continued use of the Site or TSCCI Services following the posting of modifications will constitute your acceptance of the revised TOS. Should you have any questions regarding the use of the Site, please contact us at: thestoneconstructioncoinc@gmail.com. None of our employees or agents has the authority to vary any of our Policies or these TOS.
XVIII. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.
IVX. Assignment. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
XX. Legal Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. You agree that we have the right without liability to you to disclose any of your personal information to law enforcement authorities, government officials and or a third party as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. In addition, we may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that law requires the response. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating these TOS. This may include sharing information with other companies, lawyers, courts or other government entities. Nothing in these TOS shall prevent us from complying with applicable laws.
XXI. Third Party Beneficiary Rights. These TOS do not confer any third party beneficiary rights.
XXII. Survival. The following sections shall survive the termination of these TOS: Sections 3 through 26.
XXIII. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
XXIV. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these TOS shall continue in full force and effect.
XXV. Entire Agreement. These TOS and all Policies incorporated herein constitute the entire agreement between the parties with respect to the use of the Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
XXVI. Special Provisions Applicable to Users Outside the United States. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities using the Site.
END
Acceptance of Terms
The Stone Construction Co., Inc. ("The Stone Construction Co., Inc.", "TSCCI" or "We"") provides the https://www.thestoneconstructioncoinc.com website (as defined below) and related services, as well as the Site (collectively, the "The Stone Construction Co., Inc. Services") to you subject to the following Terms of Service ("TOS"), which may be updated by TSCCI from time to time without notice to you. You can review the most current version of the TOS at any time at:
https://www.thestoneconstructioncoinc.com/tos By accessing and using the TSCCI Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using the TSCCI Services, you and TSCCI shall be subject to any posted guidelines or rules applicable to such services, including the TSCCI Privacy Policy, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. As used herein, the "site" shall mean the The Stone Construction Co., Inc. website. The website-related services; "you", "yours" and "User" shall mean the user of the website; "we", "us" and "our" shall mean TSCCI the owner and licensor of the site. "Site" shall mean our website at https://www.thestoneconstructioncoinc.com. These Terms of Service are immediately effective upon (i) acceptance by you or (ii) use of the website.
I. License. We reserve the right to change, modify, and update the website at any time for any reason, without notice to you. We reserve the right to refuse service to anyone and to discontinue the TSCCI Services at any time. We also reserve the right to deny your access to the website due to your unprofessional conduct or practices, complaints about you from other Users or members of the public, and other reasons which we consider, at our sole discretion, to be harmful or disruptive.
II. User Signup. We provide the website and services for your personal use. You are not required to register with us separately in order to use the site or to use the TSCCI Services. Website pricing may vary and is subject to change without notice.
In consideration of your use of the site, you represent that you are of legal age to agree to these Terms of Service and form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You are responsible for maintaining the confidentiality of your personal information residing in your computer or wireless device (collectively, "User Devices"), and are fully responsible for all activities that occur using your User Devices. You agree to immediately notify us of any unauthorized use of the site or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of the site or your User Devices.
III. Your Representations and Covenants. Your use of the site and TSCCI Services is strictly subject to the following code of conduct at all times. By using the website you represent and covenant that you will not:
- Transmit files, content, photographs, videos, personal or technical data or any other type of information (collectively, "Content") which is false, inaccurate, misleading, defamatory, or libelous;
- Transmit any Content that you have no rights to, or for which transmission by you would constitute infringement of third party intellectual property rights;
- Transmit identification documents or sensitive financial information of yourself or any other person;
- Transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another person's computer or property, or transmit any harmful or illegal technology;
- Bully, intimidate, or harass any User or member of the public;
- Transmit Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
- Use the site to do anything fraudulent, unlawful, misleading, malicious, or discriminatory;
- Engage in any unruly, disruptive, unprofessional, or offensive conduct while using the site;
- Violate any laws, third party rights, or any of our Policies (as defined below);
- Engage in unlawful multi-level marketing, such as a pyramid scheme, using the site;
- Transmit unauthorized commercial Content or commercial communications (such as spam) using the site;
- Collect third party or our content or information, or otherwise access the site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without permission;
- Use the site to collect Content from users for commercial or any other kind of use without first obtaining their consent and first making it clear you (and not us) are the one collecting their Content, and posting a privacy policy explaining what Content you collect and how you will use it;
- Do anything that could disable, overburden, or impair the proper working of the site or TSCCI Services, such as a denial of service attack;
- Facilitate or encourage any violations of these TOS; and
- Use our copyrights or trademarks (including The Stone Construction Co., Inc., the The Stone Construction Co., Inc. logo), or any confusingly similar marks (other than as part of your normal use of the site), without our written permission.
IV. Usage of the The Stone Construction Co., Inc. Services.
You acknowledge that TSCCI may establish general practices and limits concerning use of the TSCCI Services at any time, at our discretion, including without limitation the maximum amount of information that can be submitted by an account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the TSCCI Services in a given period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
V. Consent to Electronic Communications, Transmissions, Storage and Solicitation. We may send you communications or data regarding the site, including but not limited to (i) notices about your use of the site, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via the site, or if you provide us your email address (such as sending us a message regarding the site or filling out the contact form), electronic mail. In order to use the site, you hereby grant permission for us and our software to utilize the processor, storage and bandwidth of your computer / mobile device and network to provide us with certain information about your usage patterns, Session Data (as defined in our Privacy Policy), and other information about your usage experience. We will use this information as described in the Privacy Policy. You understand that the technical processing and transmission of the site, including your user content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and you accept and agree to these uses. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the service results in interstate data transmissions. Always use caution when transmitting personal information.
VI. Release of Claims. WE PROVIDE THE SITE FOR YOUR PERSONAL USE AND WE DO NOT INTERFERE WITH OR ACCEPT RESPONSIBILITY FOR COMMUNICATIONS AND RELATIONSHIPS BETWEEN USERS. IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
VII. Intellectual Property Rights. "The Stone Construction Co., Inc., "TSCCI" and all other trademarks, service marks, slogans, taglines, graphics and logos used in connection with The Stone Construction Co., Inc., or the Site are trademarks or registered trademarks of The Stone Construction Co., Inc. or its affiliates. Other trademarks, service marks, graphics and logos used in connection with the site or platform may be the trademarks of other third parties. Your use of the Site in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of the Site.
VIII. Privacy Policy. You hereby authorize us to collect certain personal data about you. Your use of the Site is subject to our Privacy Policy, which is hereby incorporated into these TOS.
IX. Termination. These TOS are terminable at any time by either party. If you terminate these TOS, you agree to no longer access or use the Site or TSCCI Services and to delete all copies of the Site from any device in your possession. Should you choose to re-access the Site in the future, your use will be deemed as your acceptance of the TOS in effect at the time when you re-access the Site.
X. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR THE SITE WILL NOT EXCEED TWENTY DOLLARS ($20). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XI. Disclaimer of Warranties. WE ARE PROVIDING THE SITE TO YOU "AS IS". WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE SAFE OR SECURE. USE OF THE SITE IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SITE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
XII. Indemnification. You agree to indemnify, defend and hold harmless, The Stone Construction Co., Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) the data or content you submit, post, transmit, distribute, publicize or otherwise make available through the Site or (ii) any of your actions when using the Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
XII. Governing Law. These TOS will be governed by and construed in accordance with the laws of the State of Connecticut, as applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents, without regard for conflict of laws principles.
IVX. Venue; Agreement to Exclusive Jurisdiction; No Obligation for User Disputes. You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOS or the use of the Site or The Stone Construction Co., Inc. Services exclusively in a state or federal court located in Connecticut. You agree to submit to the personal jurisdiction of the courts located in New Haven County, Connecticut for the purpose of litigating all such claims.
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
XV. Notices. Unless specifically provided otherwise, all notices to us under these TOS must be provided by certified U.S. mail at the sending party's expense. Notice sent by mail shall be deemed given three (3) days after the date of mailing. Our address for notices is: PO BOX 428, Southbury, CT 06488, Attn: Legal Department.
XVI. Additional Policies. In addition to these TOS and the Privacy Policy, we may develop new policies governing the user experience that we post on the Site (collectively, "Policies"), which shall be effective upon posting. Our Policies may be changed from time to time and such changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted Policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Policies. In the event you fail to do so, you agree to promptly correct your action when notified by us.
XVII. Amendments. We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time. You can find the most recent version of these TOS at https://www.thestoneconstructioncoinc.com/tos with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of these TOS whenever you use the Site or TSCCI Services to check if they have been updated. You must review these Terms of Service on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised TOS, your sole recourse is to immediately stop all use of the Site. Your continued use of the Site or TSCCI Services following the posting of modifications will constitute your acceptance of the revised TOS. Should you have any questions regarding the use of the Site, please contact us at: thestoneconstructioncoinc@gmail.com. None of our employees or agents has the authority to vary any of our Policies or these TOS.
XVIII. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.
IVX. Assignment. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
XX. Legal Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. You agree that we have the right without liability to you to disclose any of your personal information to law enforcement authorities, government officials and or a third party as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. In addition, we may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that law requires the response. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating these TOS. This may include sharing information with other companies, lawyers, courts or other government entities. Nothing in these TOS shall prevent us from complying with applicable laws.
XXI. Third Party Beneficiary Rights. These TOS do not confer any third party beneficiary rights.
XXII. Survival. The following sections shall survive the termination of these TOS: Sections 3 through 26.
XXIII. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
XXIV. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these TOS shall continue in full force and effect.
XXV. Entire Agreement. These TOS and all Policies incorporated herein constitute the entire agreement between the parties with respect to the use of the Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
XXVI. Special Provisions Applicable to Users Outside the United States. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities using the Site.
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