Terms & Conditions

Select Stone Company operates this website www.selectstoneohio.com (the "Site") to provide online access to information about Select Stone and the products, services, and opportunities we provide. BY USING THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW ("Terms of Use"). Additional terms and conditions applicable to specific areas, content or functionality of the Site or transactions on the Site may also be posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content, functionality or transactions. These Terms of Use, together with any applicable additional terms and conditions, are referred to as this "Agreement".

IF YOU DO NOT AGREE TO AND ACCEPT WITHOUT MODIFICATION THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE.

For the purposes of this Agreement "Select Stone", "we", "SSC" or "us" means Select Stone Company LLC, and "you" means the individual accessing the Site and, if applicable, also includes any other legal entity on whose behalf you are accessing the Site. If you are accessing the Site on behalf of a legal entity, you represent and warrant that you are authorized to accept this Agreement on its behalf.

1. Modifications to Terms and Conditions
Select Stone reserves the right to modify this Agreement at any time without prior notice by posting revised terms and conditions on the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. We encourage you to review our terms and conditions whenever you use the Site.

2. Copyrights
The Site and the Content (as defined below), including the presentation, selection and arrangement thereof, are owned by Select Stone and our licensors, and are protected by Canadian, U.S. and international copyright, trademark and other laws and treaties.

3. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are registered or unregistered Trademarks of Select Stone or others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks appearing on the Site without the express prior written permission of the respective Trademark owner.

4. Use of Site
Subject to the terms and conditions of this Agreement and unless otherwise authorized by Select Stone in writing, you may use the Site and its contents, features and functionality, including the information, text, publications, images, graphics, photographs, designs, video, audio and other materials presented on the Site (individually or collectively, "Content"), and download, display and print Content, solely for your non-commercial, personal use or your use in connection with your role as a contractor of Select Stone or dealer of Select Stone products, and/or to learn about Select Stone products and services and the opportunities we provide. You must retain all copyright, trademark or other proprietary rights notices contained on or within any Content obtained from the Site. No right, title or interest in or to the Site or any Content is transferred to you, whether as a result of downloading or printing Content or otherwise, and all rights not expressly granted are reserved by Select Stone and our licensors.

5. Links to Third-Party Websites
The Site may contain links to websites owned or operated by parties other than Select Stone. Such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement by Select Stone of, and Select Stone makes no representation or warranty regarding, any such third party websites or the information, products, services or other content offered or available thereon. Select Stone is not responsible for any such third party websites, their content or conformity to applicable laws, or for any loss or damage that may arise from your use of or reliance on any such websites or their content. Any products or services purchased by you on or from any such third party websites are purchased from a third party and not from Select Stone. If you use the links to third party websites, you do so at your own risk and will be subject to the terms and conditions and privacy policy applicable to such websites.

6. Software
Any software available for download via the Site is the copyrighted work of Select Stone and/or our licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

7. Products, Services and Pricing
Not all products or services displayed on the Site may be available at all times or in all geographic regions. Products or services may be changed or discontinued at any time and from time to time without notice. Colors shown on the Site should only be used as a guide and should always be chosen from actual samples. Measurements quoted on the Site are approximate. The display of products or services on the Site does not constitute an offer to sell by Select Stone. Any prices displayed or advertised on the Site are subject to change and, unless otherwise expressly stated, do not include shipping and handling fees or applicable taxes and are in United States dollars.

8. Correction of Errors and Inaccuracies
While we strive to have an error-free Site, the Content may contain typographical, illustrative or other errors and inaccuracies and may not be complete or current. Select Stone therefore reserves the right to correct any errors, inaccuracies or omissions and to change, update or remove Content at any time without prior notice. Select Stone does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

9. User Conduct
You agree to use the Site only for lawful purposes and in accordance with the terms and conditions of this Agreement and applicable laws. You agree not to take any action or attempt to take any action that might or would violate, circumvent or compromise the security of the Site, render the Site inaccessible to others, disrupt or interfere with the operation or use of the Site, or otherwise cause damage to the Site or the Content. You agree not to use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content, and not to introduce any virus or other material that is malicious or technologically harmful. You agree not to attempt to access any Content that is not intended for you or any portion of the Site that you are not authorized to access. You agree not to use the Site in any manner that might infringe or interfere with the rights of third parties.
Select Stone, in our sole discretion, may, without notice or liability to you, at any time suspend, restrict or terminate your access to or use of the Site, in whole or in part, for any reason, including where we believe that you have violated any provision of this Agreement.

10. Unsolicited Idea Submission Policy
Select Stone does not wish to receive unsolicited ideas, including for new advertising campaigns, promotions, marketing strategies, products, services, technologies, processes, materials or product names. We have found this policy necessary in order to avoid misunderstandings should Select Stone’s business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to Select Stone or anyone at Select Stone. If, despite our request that you not send us your ideas, you still send them, then regardless of what your correspondence may say: (a) your idea will automatically become the property of Select Stone, and you hereby irrevocably assign to Select Stone, without any compensation to you, all of your right, title and interest in and to your idea; (b) Select Stone will have no obligation to review your idea or return it to you or respond to you in any way; (c) Select Stone will have no obligation to keep your idea confidential; and (d) Select Stone may use or redistribute your idea for any purpose and in any way on an unrestricted basis, without any liability or obligation to you.
Select Stone does, however, welcome feedback regarding many areas of Select Stone’s existing business including our existing products that will help us satisfy our customers’ needs. Feedback can be provided through contact areas on the Site. Any feedback you provide shall be deemed a User Submission under the terms set forth below.

11. User Submissions
You agree that any information, images, photographs, audio, video, comments or other materials you submit or transmit to us via the Site or otherwise make available to us for posting on the Site (collectively, "User Submissions") will be considered non-confidential. For all User Submissions, (a) you represent and warrant to Select Stone that you own all rights in and to your User Submission and/or have obtained all necessary legal rights, permissions and waivers from any and all other persons and/or entities to provide or post the User Submission and to grant the license and rights given to Select Stone in this section, and that the User Submission and our use of it as described herein will not violate any applicable law or any copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any person or entity, (b) you grant Select Stone a royalty-free, irrevocable, perpetual, worldwide, transferable, non-exclusive license, with the right to sublicense, to use, copy, reproduce, display, perform, distribute, transmit, modify, adapt and create derivative works of the User Submission, or incorporate the User Submission into other works, in any form or medium, without obligation or compensation to you or any other person or entity, and (c) you waive any and all moral rights in the User Submission in favor of Select Stone, our successors, assigns and licensees.

12. Registration/Account Set-Up and Security
Some areas of the Site or use of certain Content on the Site may require user registration. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. Should you create or be provided with an account on the Site, you are responsible for maintaining the confidentiality of any user name and password chosen by you, or provided to you as part of our security procedures, and for restricting access to your computer or device. For security reasons, you agree not to disclose your user name and password to any person or permit any other person to use them. We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out from your account at the end of each session. You are responsible for any use and/or misuse of your user name and password including all activities that occur under your user name and password. You agree to notify Select Stone immediately of any unauthorized access to or use of your user name or password or any other breach of security. Select Stone has no obligation to verify the actual identity or authority of the user of any user name or password.
Select Stone reserves the right at any time and from time to time, without notice or liability to you, to disable or terminate your account, username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion, for any reason, including any violation of this Agreement.

13. Privacy
Select Stone collects, uses and discloses personal information in accordance with our Privacy Policy, which is incorporated in this Agreement by this reference and which may be changed from time to time by Select Stone, without prior notice or liability to you, by making an amended Privacy Policy available on the Site. By accepting this Agreement, and each time you use the Site, you consent to the collection of your personal information through the Site and its use and disclosure by Select Stone in accordance with the terms of our Privacy Policy as it then reads.

14. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Select Stone and our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs and expenses, including reasonable legal fees, resulting from or arising out of or in connection with any breach or violation by you of the terms and conditions of this Agreement or your use of or inability to use the Site, including, but not limited to, your User Submissions, any unauthorized use of the Content, and/or any activity related to your account by you or any other person. Select Stone reserves the right to assume the exclusive defense and control of any claim subject to indemnification by you without limiting your indemnification obligations and you agree to cooperate as fully as reasonably required in the defense of any such claim.

15. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE PROVIDED OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK, AND SELECT STONE MAKES NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT OR ANY PRODUCT OR SERVICE PROVIDED OR ATTAINED THROUGH THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

16. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SELECT STONE BE LIABLE FOR ANY INJURY, LOSS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO USE, OR RELIANCE ON, THE SITE, THE CONTENT OR ANY LINKED WEBSITE, (B) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, (D) ANY USER SUBMISSIONS, OR (E) ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY FILES DOWNLOADED FROM THE SITE), EVEN IF SELECT STONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SELECT STONE’S LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.

17. Arbitration and Dispute Resolution Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

18. General Provisions
(a) Entire Agreement, Waiver and Assignment – This Agreement, including our Privacy Policy, constitutes the entire agreement between you and Select Stone with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, regarding such subject matter. No failure or delay by Select Stone in exercising any right or remedy arising from this Agreement will operate or be construed as a waiver thereof. No waiver by Select Stone of any breach of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or shall be effective unless in writing and signed by Select Stone. This Agreement ensures to the benefit of and is binding upon Select Stone, our successors and assigns, and you and your heirs, personal legal representatives, successors and assigns. Select Stone may assign this Agreement without your consent. You may not assign this Agreement.