Please note that by accessing, viewing, using, or downloading materials from the Website, you agree to be bound by all of the terms, conditions and notices contained or referenced in this Agreement.
We may from time to time revise the information on the Website or otherwise change or update the Website, including this Agreement. Changes will become effective immediately after they are posted. We encourage you to periodically review this Agreement to see if there have been any changes to our policies that may affect you. K2 Stone may also make improvements and/or changes in products described on the Website, add new features, or terminate the Website at any time without notice. If you do not agree to the Agreement, as modified, then you must discontinue your use of the Website. Your continued use of the Website signifies your continued adherence to the Agreement as it may be revised, from time to time.
You are prohibited from violating or attempting to violate the security of the Website. Any such violations may result in criminal and/or civil penalties against you. K2 Stone will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement investigations.
UNAUTHORIZED USE OR ACCESS
Unless otherwise expressly authorized under the Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. While using the Website you are required to comply with all applicable legislation/statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditional on your compliance with the rules of conduct set forth in this section. You agree that you will not do any of the following, which violates the Agreement:
- Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Impersonate any person or entity, including without limitation any representative of K2 Stone; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
- Disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website;
- Interfere with or disrupt the operation of the Website or the use by others of the Website in any way including without limitation hacking or defacing any portion of the Website;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
- Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
- Use the Website for any fraudulent or unlawful purpose;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
All information and content (collectively, the “Content”) made available on the Website is protected by copyright, and, except as set forth below, the use of any content available on the Website is strictly prohibited. No content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use content purposely made available by K2 Stone for downloading from the Website, provided that you:
- Keep intact all copyright and other proprietary notices;
- Use such Content pursuant to any licenses associated with such Content;
- Do not copy or post such Content on any networked computer or broadcast it in any media;
- Make no modifications to any such Content; and
- Do not make any additional representations or warranties relating to such Content.
You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content.
Any unauthorized use or modification of any of the Content available on the Website is a violation of the copyrights and other proprietary rights of K2 Stone, or other copyright owners where so indicated. Permission for all other uses of the Content contained herein, including reproducing and distributing multiple copies or using the Content on any other website or networked computer or linking to any page at the Website except the “home page” [www.k2stonemason.com] must be obtained from K2 Stone or the appropriate rights owner in advance, otherwise, such use is prohibited. Requests for such authorization from K2 Stone should be submitted via email to [firstname.lastname@example.org]. All design rights, databases and compilation and other intellectual property rights associated with this website, in each case whether registered or unregistered, and related goodwill, are proprietary to K2 Stone. Except as otherwise expressly authorized herein or in writing in advance by K2 Stone, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of the Website or the Content.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of the Content on the Website infringes upon any copyright which you own or control, you may send a written notification to K2 Stone via e-mail to email@example.com. Such written notification must include the following:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the alleged infringing material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works;
- Identify the URL or other specific location on the Website that contains the alleged infringing material described in item (a) directly above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material;
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and
- Include your name, mailing address, telephone number and email address.
K2 Stone has adopted a policy of terminating in appropriate circumstances and at our sole discretion users of the Website who are deemed to be repeat infringers.
LINKS TO AFFILIATE OR THIRD-PARTY WEBSITES
K2 Stone may provide on the Website, solely as a convenience to its users, links to other websites (when referring to one other website, the “Third Party Website” and when referring to multiple other websites, the “Third Party Websites”) including those operated by our affiliates or other entities. If you decide to visit any of the Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. K2 Stone does not make any warranty or representation regarding, endorsing or otherwise sponsoring, any of the linked Third Party Websites or the information appearing on the Third Party Websites or any of the products or services described on the Third Party Websites. Links to the Third Party Websites do not imply that K2 Stone is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Websites or that any Third Party Websites are authorized to use any trademark, trade name, logo or copyright symbol of K2 Stone.
YOU AGREE THAT YOUR USE OF ANY OF THE THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES.
Any information, statements, opinions or other information provided by third parties and made available on the Website are those of the respective author(s) and not K2 Stone. As such we do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement or other content on the Website other than those from an authorized K2 Stone representative acting in his/her official capacity. Under no circumstance will K2 Stone be liable for any loss or damage caused by your reliance on any content by a third party.
You acknowledge and agree that we reserve the right, but have no obligation, to do one or all of the following, at our sole discretion:
- Evaluate Content before allowing it to be posted on the Website;
- Monitor Content after it has been posted to the Website;
- Alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and
- Disclose any Content, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect K2 Stone and the Website’s users and visitors, to comply with legal obligations or governmental requests and to enforce this Agreement or for any other reason or purpose.
K2 Stone may terminate your use of the Website or any of its features at any time without notice for conduct violating this agreement. Upon any such termination, you must destroy all Content and copies of such Content obtained from the Website. The provisions of this Agreement concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold K2 Stone harmless from any and all liability that we may incur.
DISCLAIMER OF WARRANTY
K2 STONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITE OR ANY THIRD PARTY WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, K2 STONE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You acknowledge that K2 Stone has no control over, and has no duty to take any action regarding: which users gain access to or use the Website; what effects the Content or the Website may have on you; how you may interpret or use the Content or the Website; or what actions you may take as a result of having been exposed to the Content or the Website. You hereby release K2 Stone from all liability for you having acquired or not acquired Content or information through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. K2 Stone makes no representations concerning any Content or any information accessed through the Website, and K2 Stone will not be responsible or liable for the accuracy, copyright compliance, legality or decency of the Content accessed through the Website. K2 Stone makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of the Content on the Website and assumes no responsibility for any errors or omissions therein.
K2 Stone does not represent or warrant that:
- The Third Party Websites will meet your requirements,
- The Third Party Websites will be uninterrupted, timely, secure, virus free or error-free,
- The results that may be obtained from the use of the Third Party Websites will be accurate or reliable, or
- The quality of any products, services, information, or other material purchased or obtained by you through the Third Party Websites will meet your expectations.
LIMITATION OF LIABILITY
K2 Stone and each of its affiliates, subsidiaries, divisions, parent and related companies and their respective directors, officers, employees, contractors, agents or shareholders (collectively, the “Releasees”) shall not be liable for any loss or damage of any kind whatsoever, even if we have been advised of the possibility of such loss or damages, arising out of or relating to:
- The use or inability to use the Website;
- The cost of any goods and/or services purchased or obtained as a result of the use of the Website or any of the Third Party Websites;
- Disclosure of, unauthorized access to or alteration of your information or content;
- Content you submit, receive, access, transmit or otherwise convey through the Website;
- Statements or conduct of any other third party through the Website or any of the Third Party Websites;
- Any breach of this agreement by K2 Stone, any negligence of K2 Stone or the failure of K2 Stone to provide Content under this Agreement; or
- Damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, or any computer virus or line failure.
You agree to indemnify, defend and hold K2 Stone and its directors, officers, employees, agents contractors, and shareholders harmless from and against any and all claims, damages, losses, costs including without limitation lawyer’s fees or other expenses that arise directly or indirectly out of or from:
- Your breach of any provision of this Agreement;
- The inaccurate or untruthful Content or other information provided by you to the Website or that you submit, transmit or otherwise make available through the Website;
- Your activities in connection with the Website; or
- Unsolicited information you provide to K2 Stone through the Website.
EFFECT OF INVALIDITY
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.
The Website is controlled and operated by K2 Stone from our offices within the province of British Columbia. K2 Stone makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is strictly prohibited.
This Agreement is governed by and will be construed in accordance with the laws in force in the province of British Columbia and you irrevocably agree that the courts of the province of British Columbia shall have exclusive jurisdiction with respect to any matter arising out of or in connection with this Agreement.
You agree that in the event of any dispute between you and us, you will resolve the dispute directly with us and will not join any class action suit.