This website (stoneblue.com) is made available on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of this website, neither the author or any other entity associated with stoneblue.com shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by this website or the information contained in it.
1. Disclaimer of Warranties YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES... IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
3. Indemnification YOU AGREE TO INDEMNIFY AND HOLD HARMLESS STONEBLUE.COM AND ITS OWNERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR VIOLATION OF THESE TERMS.
4. User-Generated Content STONEBLUE.COM AND ITS OWNERS ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY ITS USERS. STONEBLUE.COM AND ITS OWNERS TO NOT ENDORSE OR VERITY THE ACCURACY OF USER CONTENT. STONEBLUE.COM AND IT'S OWNERS MAY USE USER-GENERATED CONTENT FOR BUSINESS PURPOSES. STONEBLUE.COM USERS ARE RESPONSIBLE FOR THEIR OWN CONTENT AND MUST ENSURE THE CONTENT THEY POST DOES NOT INFRINGE ON ANY THIRD-PARTY RIGHTS. STONEBLUE.COM RETAINS THE RIGHT TO REMOVE ANY CONTENT AT IT'S SOLE DISCRETION WITHOUT NOTICE.
5. Termination Clause STONEBLUE.COM RETAINS THE RIGHT TO TERMINTATE A USER'S ACCESS TO THE WEBSITE AT ANY TIME FOR ANY REASON, WITHOUT LIABILITY.
6. Dispute Resolution and Mandatory Arbitration
- Mandatory Arbitration Any dispute, claim, or controversy arising out of or relating to your use of the Stoneblue.com website, its services, or this agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Montgomery County, Texas. The arbitration shall be administered by a mutually agreed-upon arbitration service, such as the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall apply the law of the State of Texas.
- Waiver of Class Actions By using this website, you agree that any arbitration or other legal proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, you agree to waive any right to bring or participate in any class action, collective action, or other representative proceeding. This means that you agree to resolve disputes on an individual basis only. Jurisdiction and Governing Law This clause and all disputes arising out of or related to your use of the Stoneblue.com website shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You and Stoneblue.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Texas, to enforce this arbitration clause or to seek injunctive relief as provided below.
- Exceptions to Arbitration Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
7. Governing Law - These Terms of Service and any disputes or claims arising out of or related to them shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
8. Severability - If any part of these Terms of Service is found to be unenforceable or invalid by a court, that specific part will be removed, but the rest of the agreement will remain in full force and effect.