WEBSITE TERMS OF USE
November 2023 

Thank you for visiting the Stone + Stem, LLC (“S+S”) Website.  Each time you visit www.thestoneandstem.com (the “Website”) or place an order for the purchase of any S+S items (each, an “Order”), you are deemed to have read and agreed to these Website Terms of Use and Privacy Policy.  Please read them carefully before proceeding.  As we are a new, small business, but hopefully growing with the support of our customers, S+S reserves the right, at its sole discretion, to change, modify and/or add to these Website Terms of Use (“Terms”) or the Privacy Policy, in whole or in part, at any time, without notice other than posting the updated version to this Website.  You are advised to review these Terms of Use and Privacy Policy periodically to become aware of any changes.

WEBSITE TERMS OF USE

THESE TERMS CONTAIN CONTRACTUAL RESTRICTIONS ON YOUR RIGHTS TO USE THIS SITE AND ON RIGHTS YOU CAN ENFORCE AGAINST S+S, AND LIMITATIONS OF S+S’S LIABILITY.  BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.  THESE TERMS ARE SUBJECT TO CHANGE, AND ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME.  ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES.  IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY USER AGREEMENT (DEFINED BELOW)) IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.

When we refer to “S+S,” “we,” “us” or “our,” we mean Stone + Stem, LLC.  When we refer to “you” or “your,” we mean the person accessing this Website.  If the person accessing this Website acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization. In such cases, you represent and warrant to S+S that you are authorized to bind your employer, if applicable, to these Terms.

These Terms do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on this Website.  Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.

Customer Account Information

To access certain portions of this Website, and for ease of placing Orders, you may decide to establish a Customer Account on this Website (“Customer Account”).  S+S may accept or reject any Customer Account, and any Order, in its sole discretion.  You represent and warrant that the information provided when registering for your Customer Account is accurate, complete, and current as of the date submitted and that you will update such information from time to time as necessary.  These Terms shall be incorporated into, and form an integral part of, each Customer Account.  As part of the registration process, you will select a user name (“User Name”) and a password (“Password”) to access the Customer Account.  Your User Name and Password are your credentials to access certain portions of this Website, and to facilitate the checkout process.  You may not have a User Name that attempts to impersonate another person, or violates the rights of others.  S+S may also reject any User Name that S+S determines in its discretion is unacceptable for use on this Website.  Although you are not required to register, if you do not register, you may be required to accept these Terms each time you wish to access this Website.

You are solely responsible for all use of this Website, and all Orders created, under your User Name and Password and for maintaining the confidentiality of your User Name and Password.  You agree to (i) promptly notify S+S of any actual or suspected unauthorized use of this Website or your User Name and Password, and (ii) ensure that you exit from your Customer Account at the end of each session.  If you disclose or otherwise allow discovery of your User Name and/or Password to or by any person(s) or entity, you assume all risks and losses associated with such disclosure and use.

By establishing a User Name with S+S, and by placing any Order(s), you are deemed to have read and agreed to these Terms. S+S reserves the right to not accept any Order(s) for any reason, except to the extent prohibited under applicable law.

Intellectual Property and Restrictions on Use of Information and Content

As a user of this Website, you have a non-exclusive, non-transferable, limited, revocable license to use this Website solely for your personal use.  You may not use this Website for any other purpose whatsoever.  All information and content provided on this Website, whether explicitly marked or not, is the property of S+S and is subject to U.S. and international copyright and unfair competition laws.  The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files, and their arrangement on this Website.  All trademarks, service marks, logos, model and brand names, emblems, and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Website are owned by S+S and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

All content of this Website is © 2023 Stone + Stem, LLC.  All rights reserved.  S+S names and logos are either registered trademarks or trademarks of S+S in the United States and/or other countries.  Other logos and company names mentioned herein may be the trademarks of their respective owners.  If you are aware of an infringement of our brand, please let us know by e-mailing us at info@thestoneandstem.com.

You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content, or marks available on this Website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of S+S.  You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse, or modify any source code or underlying algorithms of any information, software, services or content available on this Website.  Nothing in these Terms or on this Website grants, or should be construed as granting, any rights with respect to any Marks or any use thereof.

You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on this Website or reproduce or circumvent the navigational structure or presentation of this Website, without S+S’s express prior written consent.  You must not interfere with or disrupt the operation of this Website, or the servers or networks used to make this Website available.

Nothing contained in these Terms or on this Website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of S+S or with respect to any S+S information, products or content, except as expressly set forth above.  Any use of the information, content, or Marks available on this Website that does not comport with these Terms shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING:  Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that:  (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.  An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.  Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Third-Party Sites

This Website may link to and/or contain advertisements about websites not owned or controlled by S+S or other Internet resources.  S+S neither controls nor has reviewed or approved the content that appears on those sites and is not responsible for the legality, accuracy, or appropriateness of any such content.  You acknowledge and understand that S+S does not endorse or sponsor such other third-party websites or other Internet resources, and S+S expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other Internet resources.

Your participation, correspondence, or business dealings with any third party found on or through this Website, including, without limitation, advertisers, and other users, regarding payment and delivery of specific goods and services, privacy policies, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party.  You agree that S+S shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

International Use

S+S does not market, sell or ship internationally at this time, and therefore makes no representation that content, information, or products on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is strictly prohibited.  Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties and Limitation of Liability

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

IN NO EVENT WILL S+S, ITS MEMBERS, OFFICERS, SUBSIDIARIES, AFFILIATED COMPANIES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF S+S, ITS MEMBERS, OFFICERS, SUBSIDIARIES, AFFILIATED COMPANIES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION AGAINST S+S AND/OR ITS MEMBERS, OFFICERS, SUBSIDIARIES, AFFILIATED COMPANIES OR SERVICE PROVIDERS.

Without limiting the above disclaimers, S+S, its members, officers, subsidiaries, affiliated companies and service providers:  (1) make no warranties or representations whatsoever concerning this Website or any other Internet site, the access to, or the availability or use of, this Website or any other Internet site, the information and content from whatever source posted on or referred to in this Website or any other internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Website or any other internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Website or any other internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy,  functionality, specifications or any other aspect of items from whatever source posted  or accessed through this Website.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

S+S’s failure to maintain this Website or otherwise comply with any obligations under these Terms or the Privacy Policy due to conditions beyond its control such as, but not limited to, acts of God; acts of the public enemy; acts of any foreign government, acts of the United States of America, or any state, territory or political division of the United States of America, or of the District of Columbia; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; unusually severe weather conditions; or damage to or destruction of any network facilities or servers, shall not be deemed a breach of these Terms or the Privacy Policy.

Digital Millennium Copyright Act (“DMCA”)

S+S respects the intellectual property of others, and we ask our users and visitors to do the same.  In accordance with the DMCA and other applicable law, S+S may, at its sole discretion, limit access to this Website and/or terminate the Customer Account of any users who infringe any intellectual property rights of S+S or others, whether or not there is any repeat infringement.  If you believe that any user of this Website is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Website’s designated agent (see below).  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  S+S will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, S+S will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied and used on this Website in a way that constitutes copyright infringement, please provide S+S the following information in your Notice.  NOTE:  To be effective, the Notice must include ALL of the following:

1.      a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed on this Website;

2.      a description of the copyrighted work that you claim has been infringed on this Website;

3.      a description of where the material that you claim is infringing is located on this Website;

4.      your address, telephone number and e-mail address, and all other information reasonably sufficient to permit S+S to contact you;

5.      a statement by you that you have a good faith belief that the disputed use on this Website is not authorized by the copyright owner, its agent, or the law; and

6.      a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed on this Website.

Notices of claimed copyright infringement should be directed to S+S’s designated agent, via email, at info@thestoneandstem, with the Subject line of “DMCA.”

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING S+S THAT A THIRD PARTY’S COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED ON THIS WEBSITE.  ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.