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Terms of Service

OVERVIEW

This website (the “Site”) is operated by the Benitoite Mining Company. Throughout the Site, the terms "we", "us" and "our" refer to Benitoite Mining Company.  Benitoite Mining Company offers this Site, including all information, tools and Services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us, you engage in our "Services" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the Privacy Policy and those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Services apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Services carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Services are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Services at any time on this page. We reserve the right to update, change or replace any part of these Terms of Services by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - USER LIMITS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents over the age of 13 to use this Site.  You represent that neither you nor any of your minor dependents using this Site are age 13 or younger.

You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit to or through the Site any viruses, malware, worms, trojans, key loggers, ransomware, or any other code of a destructive nature or which violates any applicable state or federal law (including but not limited to the Computer Fraud and Abuse Act).

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, or the products or Services on the Site, or any contact on the Site through which the products or Services are provided, without express written permission by us.

We reserve the right to refuse Services to anyone for any lawful reason at any time.

A breach or violation of any of these Terms of Services will result in an immediate termination of your Services.

SECTION 2 - ENCRYPTION

Our Site uses encrypted communications to communicate with you, including for the transfer of product purchase and payment information (such as a credit or debit card).  We are not responsible for any interception or decryption of your communications with our Site that occurs outside of our network.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if content made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You agree that we offer the content on the Site as-is, with no warranties or representations as to the accuracy or completeness of such information. Any reliance on the material on this Site is at your own risk. This Site may contain certain scientific or historical information. Scientific or historical information is provided for your reference only, and such information may not be current or comprehensive.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - PRODUCTS OR SERVICES

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

We have made a commercially reasonable effort to accurately display the colors and images of our products that appear in the Site’s online store. We cannot guarantee that your computer monitor's display of any color will be accurate. Natural products for sale in the Site’s online store have natural variability in color, quality, texture, and size; descriptions of the products may only approximately match such natural products.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof)

without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or Services may be available exclusively online through the Site. Products or Services may have limited quantities. We reserve the right to limit the quantities of any products or Services that we offer.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this Site is void where prohibited.

 

SECTION 5 – RETURNS POLICY

Products are subject to return or exchange only according to our Returns Policy described in this section.  For any return or exchange request for an unused or unopened item made within ten (10) calendar days after the product shipped to You, We will accept such returns or exchanges, for any reason or no reason, during that period.  For such returns, We 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 our sole discretion, 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 us, except that We will credit You with the value of the return shipping cost for any unused or unopened products that are defective.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Site’s online store.

SECTION 7 – THIRD PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Services may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third party websites and we do not warrant the accuracy or completeness of any third party content.  We will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, go to https://benitoitemining.com/policies/privacy-policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Site, should be taken to indicate that all information in the Services or on any related Site has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related Site, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related Site for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.  We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, shareholders, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue or income, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Service, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. This section does not apply to consumers who reside in the State of New Jersey.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us. including our parent, subsidiaries, affiliates, partners, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party in your use of the Site.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Services is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Services for all purposes.

These Terms of Services are effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Services with respect to you at any time, with notice, and you will remain liable for all amounts due up to and including the date of termination; and we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.

These Terms of Services and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, negotiations, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Services shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 18 - GOVERNING LAW

These Terms of Services and any separate agreements whereby we provide you Services shall be

governed by and construed in accordance with the laws of the State of California.  Any disputes arising under these Terms of Service, or relating to the products or Services, shall be exclusively heard in the state or federal courts of Fresno County, California.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Services at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Services constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Services should be sent to us at info@benitoitemining.com, or you can mail us at:

 Benitoite Mining Company
48242 Los Gatos Rd.
Coalinga, CA 93210