Product Information, Accuracy, and Shipping
- Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. All information provided on the Site is provided in English and all pricing information is provided in U.S. dollars. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice prior to completion of a purchase. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order, confirmation of an offer to sell a product or service, or the availability of a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Additionally, we may refund a purchase if a product becomes unavailable after purchase. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Shipping Limitations. When an order is placed and is ready for shipment, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Returns and Exchanges. For any return or exchange request for an unused or unopened item made within ten (10) calendar days after the product shipped to You, Company will accept such returns or exchanges, for any reason or no reason, during that period. For such returns, Company will exchange the product for a substantially similar product (i.e. the size or color may vary, but not the brand or price), credit You with the value of the returned good(s), or refund to You the amount of the returned good(s). Any return or exchange request made more than ten (10) calendar days after the product is shipped, or for a product that is used or open, will be at the sole discretion of Company, and shall only be for exchange or credit. For all returns or exchanges, You shall be responsible for the shipping cost of returning the product to Company, except that Company will credit You with the value of the return shipping cost for any unused or unopened products that are defective.
Ownership & License
You understand and agree that the Site is owned by Company, and that you shall have no ownership right, title, or interest in and to the Site or any of the software / source code or intellectual property on which the Site is based. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on the Site. Furthermore, you agree not to circumvent, reverse engineer, or modify, any of the technical controls, protections, or components of the Site.
You understand and agree that the marks, names, slogans, and/or logos (“Marks”) and content appearing in or on the Site are the sole and exclusive property of Company, or our partners or licensors. You have no right to use any such Marks or content without the prior written consent of Company or the partner or licensor that owns the relevant Mark or content.
Use of and Comments to Material
If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate Site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us at firstname.lastname@example.org.
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. As discussed more completely in the Disclaimer of Warranties section of this Agreement, Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, U.S. Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Service Provider: Benitoite Mining Company.
Designated Agent to Which Notification Should Be Sent:
Benitoite Mining Company
Attn: Copyright Agent
48242 Los Gatos Rd.
Coalinga, CA 93210
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
User Generated Content
From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Company, Company's joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "Company Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Company Parties may or may not earn or generate through its use of your Submission.
Company Parties' Right to Use Your Submission. You grant the Company Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the Company Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Company Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the Company Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Company Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Company Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the Company Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that the Company Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Company Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
Company wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on Company community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Company. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on Company community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user. You alone are responsible for material you post. Company does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
- Impersonates any person, business or entity, including Company and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Company;
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of the Site that may require registration;
Our Use of Materials
With the exception of any and all Submissions (Company permitted use of which is discussed above) and any material posted on Company community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Company and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Company community and social media sites, you are granting to Company, and to anyone authorized by Company, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Company community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Company deems appropriate.
The materials available through the Site are the property of Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Site, and to tell them how to find it.
We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by Company. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.
No Soliciting or Spamming
You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.
Without the prior written permission of Company, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Company or any of their licensors into another website or other service.
Trademarks & Other Intellectual Property
We don't want anyone to be confused as to which materials and services are provided by Company and which are not. You may not use any trademark, service mark, copyright-protected image, or other intellectual property appearing on or available through the Site without the prior written consent of the owner.
Disclaimer of Warranties
THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, Company MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW (EXCLUDING, WHERE APPLICABLE, RESIDENTS OF THE STATE OF NEW JERSEY), WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT FOR RESIDENTS OF NEW JERSEY, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE AS WELL AS CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability
We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL Company, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
Access and Interference
Some of the information on the Site is updated on a real time basis. By using the Site, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Implement any manual processes to monitor or copy content from the Site without express written permission.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.
In addition, we have the right, in our sole, exclusive, and complete discretion, to remove any content if we have reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill.
Links to Other Websites
Company is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party websites. Third party websites that are accessed through links on our websites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information. Additionally, Company is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.
Choice of Law
Assignment of the Agreement
Company enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, Company holds the benefit of and may enforce this Agreement on behalf of those affiliates. Company reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
Please contact Company at email@example.com with any questions.
Effective Date: June 24, 2020