1. This is an Agreement Between You and GRANITEstock.com
This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which we, Stone Management Group, Inc., provide the GRANITEstock Application Services to site visitors, users, registered members and subcribed account holders. By visiting our site, using any of the tools and services provided via our site, or registering an account, you thereby agree to be bound by each of the terms and conditions of this Agreement as they apply.
We may automatically amend this Agreement at any time by informing you of the amended terms via email to an email address you provide to us, if you are a registered account holder. Such amendments will be effective when sent to your last known email address. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. Alternatively, we may merely post the amended terms and make them available to be read by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.
For those visitors to GRANITEstock who have not registered as users, or who have let their memberships elapse, it is their responsibility to read this Terms of Service each time they access any portion of our site. Any usage of this site by you, including merely viewing our home page or any page published on our site, as an unregistered GRANITEstock user, means that you agree to be bound by each and every one of the terms and conditions of this Terms of Service Agreement.
Our Commitment to You:
Stone Management Group, Inc. is committed to bringing you the best possible tool and services designed to meet your needs and expectations. We promise you that our GRANITEstock Application Services will be available at least 99% of the time, excluding those periods where we conduct regularly scheduled maintenance or where unforeseeable and unavoidable service outages occur due to Internet, router, or Internet Service Provider related downtime outside of our control. While we are not and cannot be responsible for your own connection to the Internet, or the functionality of your own private systems or software existing outside of our GRANITEstock Network, we guarantee that you will, except for those conditions mentioned above, be able to access the GRANITEstock Application Services 99% of the time.
Limited Warranty
GraniteStock.com warrantees that you will have access in accordance with your subscription. However, the content on profile pages of GraniteStock.com is not review for accuracy, completeness or authenticity. GraniteStock.com does not warranty any data or information received on its website whatsoever.
Scheduled Maintenance
Stone Management Group, Inc. makes every effort to perform all service maintenance activities during pre-scheduled maintenance windows. Currently, the maintenance windows are set for Friday and Saturday evenings, from 10:00 p.m. to 2:00 a.m. U.S. Pacific Time, We may not utilize every maintenance window. If system downtime is planned during any maintenance window, we will issue an announcement prior to the date of the planned maintenance activity.
Billing Policies
BY REGISTERING, YOU ARE UNDER NO OBLIGATION TO PAY FOR THE SERVICE. Paid subscriptions are offered for additional services, in which case the subscription fee is charged every month or per period mutually agreed upon. If you have confirmed advertising and and an advertising subscription, you will be charged for services you have selected to receive on a recurring basis until and unless the service(s) we are providing is cancelled by you or Stone Management Group, Inc. You can cancel your subscription at any time through your account page. By accepting any of our services, you agree to keep us updated as to your billing information. Accounts that have become delinquent are subject to immediate deactivation. Our charges are not based upon actual usage of the GRANITEstock service, but instead, are based upon a term subscription fee, chosen by you.
Additional Terms
We may terminate this Agreement immediately for any reason without notice to you. Your account will be terminated if you violate any of the terms and conditions of this Agreement. User accounts can be terminated for listing granite colors that are not normally sold or in stock. Users that are SPAMMING any registered user may be immediately and permanently terminated. GraniteStock and Stone Management Group do offer any warranties whatesoever. As a register user, you will receive periodic emails from GraniteStock regarding important website updates. You will also received a weekly account status email that will provide you will helpful statistical imformation.
WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO NO WARRANTY PROVIDED FROM THE DISTRIBUTORS, PARTNERS, AND ADVERTISERS. GRANITESTOCK EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You understand and agree that our services may be unavailable for a period of time, and we do not warrant or ensure the continuous availability of our services. We may discontinue any or all services provided to you at any time without notice to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control. IN NO EVENT SHALL OUR DISTRIBUTORS, PARTNERS, AFILLIATES OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD. PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH OUR LIMITED WARRANTY. Any failure on our part to enforce any portion of this Agreement does not serve to waive the enforceability of the remaining portions or other breaches on your part regarding this Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that any legal dispute that arises between yourself, and Stone Management Group, Inc., the owner and operator of the GRANITEstock web location, shall be resolved by mandatory, binding arbitration in lieu of litigation before a Court of Law. Arbitration shall take place in Long Beach, CA, before a mutually agreed upon alternate dispute resolution service provider approved by the American Arbitration Association. In the event that all parties fail to stipulate upon the selection of a specific arbitrator or alternate dispute resolution service, then any representative of the American Arbitration Association shall have the power and ability to appoint a specific arbitrator or alternate dispute resolution service. All fees and costs relevant to arbitration shall be shared and pre-paid equally by both parties. Both parties may approach a Court of Equity for relevant Equitable Relief in a court of competent jurisdiction located in Long Beach, California, applying and using only the laws of California or the United States of America, however, all non-Equitable legal issues must be resolved by mandatory, binding arbitration as set forth herein.
