PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
Products, Content and Specifications
Everything you see, hear or receive from or on this Web site “www.eastbaymasonry.com” (“Content”) is copyright trademark, trade dress or other intellectual property owned by East Bay Masonry, or its affiliates and suppliers. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Web Site as a whole. East Bay Masonry may change, suspend, restrict or discontinue any aspect of the Web Site at any time, including any Web Site feature, service or Content. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
We try to accurately display the colors of our products on the Site, but the colors you see will depend on your monitor and its settings. We do not warrant the currency, accuracy or reliability of any Web Site information, including information about product price or availability.
Limited Use Rights
You promise to make only lawful use of this Web Site. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of this Web Site or Content is permitted. Except for this limited license, nothing in these Terms and Conditions transfers to you any right, title or interest in any Content.
You promise to make no use of this Web Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to this Web Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on this Web Site. East Bay Masonry is not responsible or liable for the conduct of any Site user, or for materials published to this Web Site by any Site user other than East Bay Masonry
You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with this Web Site or any other user’s use of this Web Site, including, without limitation, overloading, “flooding”, “mailbombing” or “crashing” this Web Site; (c) send unsolicited e-mail through this Web Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through this Web Site, or (e) insert any code or product or manipulate the Content in any way that affects any user’s experience of this Web Site.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of this Web Site are © 2018, East Bay Masonry or its affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of East Bay Masonry and its affiliates and suppliers. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of East Bay Masonry or such other owner.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third- Party Links
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by East Bay Masonry or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Prices and Orders
Prices are subject to change without notice. East Bay Masonry expects to accept all orders for Products placed through this Web Site if they are in compliance with these Terms and Conditions, the product is available and you provide a valid and verifiable ship-to address and form of payment. East Bay Masonry may, however, in its sole discretion, accept, reject or cancel any order for Products without obligation or liability. East Bay Masonry's confirmation of receipt of your order does not constitute East Bay Masonry's acceptance of your order.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS,” AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, ARE DISCLAIMED. IN NO EVENT SHALL EAST BAY MASONRY BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR, RESULTING FROM, OR IN CONNECTION WITH, THE USE, REPAIR OR PERFORMANCE OF PRODUCTS PURCHASED THROUGH THIS WEB SITE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND EAST BAY MASONRY AND ITS AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING DISCLAIMERS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
East Bay Masonry does not assume any responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.
IN NO EVENT WILL EAST BAY MASONRY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR PRODUCTS CONTAINED ON OR PURCHASED THROUGH ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEB SITE, ANY CONTENTS, OR ANY OF THE TERMS AND CONDITIONS, WE WOULD LIKE TO HEAR FROM YOU. HOWEVER, YOUR ONLY LEGAL REMEDY IS TO STOP USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN OR REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS POLICY POSTED ON THIS WEB SITE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and East Bay Masonry to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the state or US federal courts located in the State of Minnesota. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If any provision of the Terms and Conditions, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
The Terms and Conditions are the entire agreement between you and East Bay Masonry relating to the Web Site and your purchase of any products through the Web Site. These Terms and Conditions supersede and cancel any prior written or oral agreement between you and East Bay Masonry relating to the Web Site, which shall have no further force or effect. All rights not expressly granted herein are reserved.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by phone at: 925.766.6363.