Terms of Use

Terms of Service/Use Agreement:

Welcome to the website of Stone Fireplaces, LLC ("we", "us", or "our"). We provide this website, along with its information, tools, products, and services, to you, the user (or buyer), subject to your acceptance of the following terms, conditions, policies and notices.

By accessing or using our website, you acknowledge and agree to be bound by these terms of service. If you do not agree to these terms, please refrain from using our website.

1. User Obligations:
As a user of our website, you agree to comply with all applicable laws and regulations. You also agree to be solely responsible for all activities conducted through your account and for maintaining the confidentiality of your account credentials.

2. Ownership and Intellectual Property:
All content, materials, and intellectual property displayed or made available on our website are the sole property of Stone Fireplaces, LLC. You are granted a limited, non-exclusive, and non-transferable license to access and use our website for personal, non-commercial purposes.

3. Disclaimer of Liability:
We make no warranties or representations regarding the accuracy, completeness, or reliability of any content or materials. By using our website, you acknowledge that any reliance on such information is at your own risk.

4. Limitation of Liability:
By using our website, services or purchasing our products, you acknowledge and agree to the following terms:

4.1. Exclusion of Damages:
In no event shall Stone Fireplaces, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. Such damages may arise from your use of our services or any products procured through our services, or for any other claim related in any way to your use of our services or any product, even if we have been advised of the possibility of such damages.

4.2. Legal Basis of Liability:
These limitations of liability apply to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory. They cover any errors or omissions in content, as well as any loss or damage incurred as a result of using our services or any content (or product) posted, transmitted, or made available via our services.

4.3. Maximum Limitation of Liability:
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

5. Third-Party Links:
Our website may contain links to third-party websites. These links are provided for your convenience, and we do not endorse or assume any responsibility for the content, products, or services offered by third parties. Your interactions with third-party websites are governed by their respective terms and policies.

It's important to understand that certain content, products, and services available through our Service may include materials from third parties. We want to ensure transparency and clarity regarding these third-party links, and it's essential that you review and comprehend the following information:

5.1. Third-Party Websites:
Our website may contain links that direct you to third-party websites which are not affiliated with [Your Company Name]. Please note that we do not have control over these external websites, and as a result, we are not responsible for examining or evaluating the content, accuracy, or availability of such sites.

5.2. No Warranty or Liability:
We do not provide any warranty or guarantee, nor do we assume any liability or responsibility, for the materials, products, or services offered by third parties. This includes, but is not limited to, any harm, damages, or issues that may arise from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites.

5.3. Review Third-Party Policies:
Before engaging in any transaction with a third-party, we strongly encourage you to carefully review their policies and practices. It is your responsibility to fully understand and accept the terms and conditions set forth by the third-party before proceeding with any transactions.

5.4. Contact Third-Parties:
For any complaints, claims, concerns, or questions regarding third-party products or services, please direct your inquiries to the appropriate third-party. They will be better equipped to address your specific needs and provide the necessary assistance.

Please note that while we strive to provide accurate and up-to-date information, this should not be considered as legal advice. It is important to consult with a legal professional to ensure compliance with applicable laws and regulations and to protect your rights and interests.

We emphasizes the importance of user awareness and encourages you to exercise caution when interacting with third-party links.

6. Reliance and Accuracy Disclaimer:

We cannot guarantee that the information made available on this site is always accurate, current or complete. The content presented on this site is intended for general informational purposes only. This general informational should not be solely relied upon as the basis for making any decisions. We strongly recommend consulting primary, more accurate, complete or timely sources of information before making any significant decisions.

Any and all reliance you place on the content/material presented on this site is done at your own risk. We do not accept any liability or responsibility for any loss or damages arising from your reliance on the material provided on this site.

Please note that this site may also contain historical information that is not current. Such historical information is provided for reference purposes only and should not be considered as the most up-to-date information.

We reserve the right to modify the contents of this site at any time without prior notice. However, we have no obligation to update any information on our site. It is your responsibility to regularly monitor and review any changes or updates made to our site.

By using our website, you acknowledge and agree that it is your responsibility to independently verify the accuracy, completeness, and timeliness of any information obtained from our site and to seek professional advice as necessary.

Please be aware that this disclaimer is an important legal provision and should be carefully considered. If you have any questions or concerns about the accuracy or reliability of the information provided on our site, we encourage you to reach out to us directly for clarification.

By using our Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Services.

  1. Ordering and Payment
  2. When you place an order through our website, you are making an offer to purchase the item(s) in your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors or omissions in pricing, availability, or product information.
  3. Account Creation and Security
  4. To use certain features of our Services, you may be required to create an account. You must provide accurate and complete information when creating your account, and you are responsible for maintaining the security of your account and password.
  5. Use of website

We accept payment through our shopping cart using major credit cards or other payment methods that we may make available from time to time. We use a secure third-party payment processor to process payments made through our shopping cart. When you submit your payment information, you authorize us to charge your credit card for the total amount of your order, including any applicable taxes and fees.

Shipping and Delivery

  1. We will ship your order to the shipping address you provide during checkout. Delivery times may vary depending on the item(s) you ordered and your location. We will use commercially reasonable efforts to deliver your order within the estimated delivery timeframe, but we cannot guarantee delivery dates. Shipments are made by a third party via LTL - View Shipping Delivery details.
  2. Returns and Refunds - See Contract and Terms and Conditions.
  3. We will ship your order to the shipping address you provide during checkout. Delivery times may vary depending on the item(s) you ordered and your location. 
  4. We will use commercially reasonable efforts to deliver your order within the estimated delivery timeframe, but we cannot guarantee delivery dates.

Intellectual Property

  1. Our website, including all text, graphics, logos, images, software, designs, and ideas, is the property of our company or its licensors and is protected by U.S. and international copyright laws. You may not reproduce, distribute, or otherwise use any content from our website without our prior written consent.
  2. All designs and ideas presented on our website are our exclusive property and are protected by intellectual property laws. You may not use or reproduce any of our designs or ideas without our prior written consent.

Disclaimers and Limitation of Liability

  1. Our website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We do not warrant that our website or Services will be uninterrupted, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with your use of our website or Services, including but not limited to loss of profits, revenue, or data.

Governing Law and Jurisdiction:
These terms of service shall be governed by and construed in accordance with the laws of Illinois. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts of Illinios.

Please carefully read and review these terms of service. Your continued use of our website constitutes your acceptance of these terms and any future updates or modifications. If you do not agree to these terms, please discontinue your use of our website.

By accessing or using our website, you acknowledge that you have read, understood, and agreed to be legally bound by these terms of service.

If you have any questions or concerns about these terms, please contact us at [email protected]

Indemnification Clause:

You agree to indemnify, defend, and hold harmless Stone Fireplaces, LLC, its parent, owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively referred to as "Indemnified Parties"), from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  1. Your breach of these Terms of Service or the documents they incorporate by reference;
  2. Your violation of any law or the rights of a third party.

You shall indemnify and defend the Indemnified Parties against any and all liabilities, costs, expenses (including reasonable attorneys' fees), damages, and losses incurred by the Indemnified Parties as a result of or in connection with the aforementioned claims or demands.

Stone Fireplaces, LLC agrees to promptly notify you of any such claim or demand and provide you with reasonable cooperation in defending against such claim or demand, at your expense. However, Stone Fireplaces, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall fully cooperate with Stone Fireplaces, LLC in asserting any available defenses.

This indemnification clause shall survive the termination or expiration of this Agreement.

By submitting Designs or design ideas to Stone Fireplaces, LLC, you acknowledge and agree to this indemnification clause.

Please note that this is a general indemnification clause, and it's important to consult with a legal professional to ensure that it meets your specific business needs and is in compliance with the laws of your jurisdiction.

Changes to these Terms of Use

  1. We may modify these Terms of Use at any time by posting the modified terms on our website. Your continued use of our website or Services after such modifications will constitute your acceptance of the modified terms.

Miscellaneous

  1. These Terms of Use constitute the entire agreement between you and us with respect to your use of our website and Services.

Last Updated: June 3, 2023