1718 Fairway Dr, San Leandro, CA 94577

Mon-Fri : 8:30AM – 4:00PM | Sat : 10:00AM – 4:00PM

Terms of Use

These terms of use (“Terms of Use”) set forth herein apply to the website owned, operated, licensed, and/or controlled by STONE EMPIRE FABRICATION, LLC. and/or its affiliates (collectively, “The Company”, “Our”, or “We”), located at the following domain address: https://stoneempirefab.com (the “Website”).

The Website provides content and information about the products and services offered by the Company. The Website’s content is presented for informative purposes only.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

By using, accessing or browsing through this Website you (the “user”, “you”, and “your”, as applicable) signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Website.

1. CONTACTING US VIA THE WEBSITE

You have various ways of contacting us through the Website. However, nothing on the Website or in your submitted inquiries requires us to make any engagements or business arrangement with you, partner with you, provide any products or services to you, engage in any present or future marketing activities or engage in any discussions or negotiations with you. 

2. ACCEPTABLE USE OF THE WEBSITE

When using the Website, you must not –

(a) modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell any content displayed on the Website, including but not limited to the trademarks and copyrights of the Company and its affiliates, or to make derivative use of the Website or its contents;

(b) make commercial use of the Website or any content displayed on the Website;

(c) violate or attempt to violate the security of the Website, or bypass any technical measures used to prevent or restrict access to any portion of the Website;

(d) reverse engineer, decompile or disassemble the Website, or convert into human readable form any of the contents of the Website not intended to be so read, including but not limited to using or directly viewing the underlying code for the Website except as interpreted and displayed in a web browser;

(e) use any data mining, robots, or similar automated data gathering and extraction tools to access the Website;

(f) Collect, harvest, obtain or process personal information of or about other users of the Website;

(g) interfere with or attempt to interfere with the proper working of the Website or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;

(h) alter or modify, or attempt to modify, any part of the  Website;

(i) attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing or any other means;

(j) Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website;

(k) use reports, content, electronic documentation or other materials available on the Website to feed any downstream product, application or website; or

(l) violate any applicable law.

You may download, where specifically permitted, one copy of the content displayed on the Website on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Use of such content for any purpose that is inconsistent with these Terms of Use, including without limitations the use of such content on any other Website or networked computer environment is strictly prohibited and shall be deemed a violation of the Company’s copyright and other proprietary (including intellectual property) rights.

You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity, to stalk or harass other users of the Website, or to engage in any other activity which infringes the rights of the Company or any other third parties.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.

3. SITE PROMOTIONS

The Company is not responsible for typographical or other errors or omissions regarding products, services, prices, or other information provided on this Website.  All Website product and/or service sales and promotions are subject to these Terms of Use, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the Website.  Prices, promotions and availability are subject to change without prior notice.

4. INTELLECTUAL PROPERTY

The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s “look and feel”, computer code and any other detail concerning its operation.

You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company’s explicit prior and written consent.

Trademarks featured on the Website (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent. 

5. DOWNLOADS

Any download of data and/or files from the Website shall be at your own risk. The Company Shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. 

6. LINKING TO THE WEBSITE

Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or is affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (c) all links to the Website  must “point” to the URL “https://www.stoneempirefab.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking Website, or any other Website.

Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Website, at any time in its sole discretion.

7. AGE RESTRICTION AND ELIGIBILITY

If you are under the age of 18, you may not use the Website in any way. By using, accessing, or registering with the Website, you declare that you are 18 years of age or older.

8. CHANGES AND AVAILABILITY

From time to time, we may change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.

The operation of the Website depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

The availability, quality and functionality of the Website depends on various factors, including communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are also not fault-free.

WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. 

9. DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (“STAFF”), IN RESPECT OF THE WEBSITE’S FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE WEBSITE AND THE INFORMATION PUBLISHED ON THE WEBSITE, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. 

THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, INFORMATION AND CONTENT OBTAIND FROM THE WEBSITE OR LINKS TO OTHER WEBSITES. 

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE, INABILITY TO USE THE WEBSITE, OR RELIANCE ON ITS CONTENT (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEBSITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES RELATED TO THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS ITS SERVICES AND/OR WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree that if you are dissatisfied with the Website or any services offered in connection with the Website, if you do not agree with any these Terms of Use, or you have any other dispute or claim with or against the Company with respect to these Terms of Use or the Website, your sole and exclusive remedy is to discontinue using the Website and any services offered in connection with the Website.

11. INDEMNIFICATION

You agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of these Terms of Use. 

12. THIRD PARTY’S LINKS

The Website may contain links to content published on other websites provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted there objectionable or not compatible with your requirements. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions or dealings made between you and such third-party websites. 

13. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

The Company reserves the right to limit or revoke your access to this Website in its sole discretion, at any time, and for any reason or for no reason, including, but not limited to technical difficulties or violation of these Terms of Use. The Company further reserves the right, in its sole discretion, to refuse service, to block or prevent future access to and use of this Website and to alter or delete any material submitted to the Website.  Following termination of this license, the terms of these Terms of Use that by their nature shall still apply after termination, will remain effective..  

14.PRIVACY POLICY

We respect your privacy. The Website’s privacy policy is available here and is hereby incorporated by reference to and forms an integral part of these Terms.

15. TERMS AND CONDITIONS OF SALE

These Terms of Use incorporated herein by reference the Terms and Conditions of Sale available here, which may be amended from time to time, at Stone Empire’s sole discretion (“Terms and Conditions of Sale”). unless explicitly said  provided otherwise by Stone Empire, Terms and Conditions of Sale will set out the terms and conditions that will apply when you place an order of products (“Products”), and consist of, inter-alia, the following terms: payment terms, delivery terms, order cancellation, returns, product warranty, etc. Please read them carefully before purchasing any Products. By purchasing any Products, you (the “Customer”, “your” or “you”) hereby confirm that you have read, understood and accept the Terms and Conditions of Sale, and agree to be bound by those terms.

16. CHANGES TO THE TERMS OF USE

Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Website to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the Website, shall constitute your consent to the new or revised Terms of Use.

17. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties agree to submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the California State Courts. You further agree to file any cause of action with respect to these Terms of Use within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and the Company with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. The Company may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

18. CONTACT US

Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us through our online contact form, available at:  https://stoneempirefab.com/contact/

These Terms of Use were last modified on July 20th, 2021

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