Terms and Conditions
ONLINE SITE POLICIES
Welcome to Stone-Breaker.com (the "Site). StoneBreaker LLC and its wholly-owned subsidiaries, (collectively "StoneBreaker, "we", or "us"") provide their services to you subject to the following terms & conditions. ("Terms and Conditions" or "Agreement" ) Please read the following terms and conditions carefully before using our Site. If you do not agree to these terms and conditions, please do not use our site. By using or accessing the Site or services, you signify that you have read, understand and agree to be bound by these Terms and Conditions.
When you visit Stone-Breaker.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Children Under the Age of 18
StoneBreaker does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at Stone-Breaker.com only with involvement of a parent or guardian. StoneBreaker and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- (c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
- (d) The name, address, telephone number and email address (if available) of the complaining party;
- (e) 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; and
- (f) 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to firstname.lastname@example.org or mail to StoneBreaker LLC, 76 Rittenhouse Place Rd., Unit 205, Ardmore, PA, 19003. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of StoneBreaker or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of StoneBreaker and protected by U.S. and international copyright laws. All software used on this Site is the property of StoneBreaker or its software suppliers and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of StoneBreaker. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StoneBreaker and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing StoneBreaker's name or trademarks without the express written consent of StoneBreaker.
StoneBreaker, Fit to Work and other marks indicated on our Site are registered trademarks of StoneBreaker LLC in the United States and other countries. StoneBreaker graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of StoneBreaker LLC. StoneBreaker's trademarks and trade dress may not be used in connection with any product or service that is not StoneBreaker's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StoneBreaker. All other trademarks not owned by StoneBreaker that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to StoneBreaker.
You agree to indemnify, defend, and hold harmless StoneBreaker, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms & Conditions, any law or the rights of any third party.
Third Party Links
StoneBreaker may link to third-party sites. StoneBreaker has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.
Risk of Loss
All items purchased from StoneBreaker are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
StoneBreaker attempts to be as accurate as possible. However, StoneBreaker does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by StoneBreaker itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY STONEBREAKER ON AN "AS IS" AND "AS AVAILABLE" BASIS. STONEBREAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STONEBREAKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STONEBREAKER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM STONEBREAKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STONEBREAKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Stone-Breaker.com, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and StoneBreaker.
Any dispute relating in any way to your visit to Stone-Breaker.com or to products you purchase through StoneBreaker.com shall be submitted to confidential arbitration in Philadelphia, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate StoneBreaker's intellectual property rights, StoneBreaker may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
We reserve the right to make changes to our Site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Updated November 1st, 2013
COPYRIGHT 2013, StoneBreaker LLC, ALL RIGHTS RESERVED.
Collection of Personal Information
We will ask you when we need information that identifies you individually or allows us to contact you directly (personal information).
We may ask for personal information when you purchase a product, enter a contest, request a service, complete a survey, subscribe to news, or engage in some other activity on our site. In connection with these activities, we may ask you for contact information such as your name, telephone number, and email address.
When you visit our website, we collect standard information about your hardware and software such as your IP addresses, browser type, operating system, pages visited on our site, referring and exit pages, and the dates and times of the visits.
This site visitation data is used to administer the site and provide general statistics regarding the use of stone-breaker.com. Site visitation data is never linked to your personal information, and we do not use it to identify you individually without your permission.
Use of Personal Information
We will keep any and all information collected from you at this site strictly confidential and we will not sell, rent, trade, or otherwise share your personal information with third parties for their promotional use without your permission.
We will use the personal information you give us to fulfill the services and provide the products you request from us. This may include sending information that you have requested, or contacting you about products and services that you have purchased. If you do not opt-out of communications from StoneBreaker LLC, we may send you marketing notices including promotions of our products and services.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Security of the Information We Collect
We are committed to protecting the security of your personal information, and we use a range of technologies and procedures to protect your personal information. For example, we store personal information in a secure, limited access facility; sensitive information transmitted to us through our store (such as a credit card number) is encrypted for transmission using the Secure Socket Layer (SSL) protocol. The SSL encryption is designed to make the information unreadable by anyone but us.
Protection of Children's Privacy
Stone-Breaker.com is a general interest website, and we do not knowingly collect any personal information from children. Stone-Breaker.com does not sell products for purchase by children. If you are under 18, you may use stone-breaker.com only with the involvement of a parent or guardian.
Privacy and Online Forums
Information you post in online forums on the site is accessible to other people who can access the forums and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Privacy and Tell-a-Friend Forms
When you use a tell-a-friend form on the site, we ask for the friend's name and email address. We will use this information to automatically send the specified email message to the friend. We will not use this information to contact the friend in the future. We will retain the information you provide for tracking purposes. If someone notified through tell a friend wishes to have their information removed from our database they can contact us at email@example.com.
If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of our website.
We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our website. We may also use this technology to track the delivery of HTML email messages. This data is collected exclusively for use in our marketing and research.
Enforcement of this Statement
If you have questions about the guidelines described in this Policy, please email us directly at firstname.lastname@example.org.
Links to Other Websites
Changes to this Statement
IDEA SUBMISSION POLICY
We at StoneBreaker are pleased to hear from our loyal fans and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.