Stockdale’s reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
Eligible Use and Accounts
The Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement or legal obligation to which you are a party.
When registering for an online account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claims, including trademark rights, in those screen names.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Stockdale’s; and (d) promptly notify Stockdale’s if you discover or otherwise suspect any security breaches related to the Site.
Site Content Use
This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information, including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated without notice.
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the Stockdale’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Stockdale’s or its affiliates, suppliers or users and are protected by US and/or international copyright, trademark, or other proprietary laws.
You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Site Content from the Site without Stockdale’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Stockdale’s or applying for credit. Printing Site Content for any other reason, or transferring Site Content for use on any other website, or the modification, distribution, or re-publication of Site Content without Stockdale’s prior written permission is strictly prohibited. Any modification of Site Content, or any portion thereof, or use of Site Content for any other purpose constitutes an infringement of trademark or other proprietary rights of Stockdale’s or third parties.
When you visit stockdales.com or send e-mails to us, you are communicating with us electronically, and by your actions you have given us implied consent to send you communications from us electronically, until otherwise notified. We will communicate with you by e-mail or by posting notices on this site. By your use of this Site, you have agreed that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Stockdale’s is not responsible for the content of any websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Stockdale’s, and Stockdale’s has no control over the content of that other website. In addition, a link to any other website does not imply that Stockdale’s endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Stockdale’s of that third party or of any product or service provided by a third party.
Monitoring of Site
Stockdale’s has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, Stockdale’s reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Stockdale’s.
Products and Services
Most products and services offered on the Site are available in any of and/or all Stockdale’s retail store locations. However, prices and availability may vary, and Stockdale’s reserves the right to limit quantities. Prices shown on the Site apply to products and services on the Site and are shown in US dollars. Taxes, shipping and handling are additional. Price and availability are subject to change without notice and you agree that taxes and shipping may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Shipping is also limited to those areas as designated in our Shipping policy.
We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturer or service providers. Please reference the warranty information included with the products or services for information on how to make contact to process all warranty claims.
OSHA Hazardous Substance
Material Safety Data Sheets (MSDS) for OSHA-defined hazardous substances are prepared and supplied by manufacturers and available by contacting the product manufacturer or Stockdale’s. While Stockdale’s believes the information and recommendations contained on the MSDS to be accurate, Stockdale’s makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. Stockdale’s disclaims any and all liability to any user therefore.
- You agree that you will not:
- Transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which Stockdale’s considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable
- Attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity
- Not to interfere with or disrupt the Site networks or servers
- Not to delete any legal notices, disclaimers or proprietary notices
- Not to misrepresent your identity or credit information
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining, or any other means
- Not to interfere with Stockdale’s or another authorized party’s use and enjoyment of the Site
Additional Policies and Terms
Additional policies and terms apply to your use of specific portions of the Site (and products available on the Site) or to Promotional Programs (and offers available through Promotional Programs). Please review all such additional specific terms and conditions, including: FAQ, Shipping Information, and Returns on the stockdales.com product catalog section of the Site.
Copyright Infringement Notice
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Stockdale’s in its sole discretion may limit access to the Site or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement as follows:
Attn: Internet Services
180 Old Nashville Highway
LaVergne, TN 37086
In your notification, the following information must be provided along with all other requirements as outlined in 17 U.S.C. Sec. 512(c)(3):
- Sufficient information about the location of the allegedly infringing Site Content so that Stockdale’s can find and verify its existence.
- Your name, complete address, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- Note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Stockdale’s logo, and other Stockdale’s product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of Stockdale’s, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stockdale’s or the applicable trademark holder or owner. You may not use any metatags or any other “hidden text” utilizing “Stockdale’s” or any other name, trademark or product or service name of Stockdale’s without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Stockdale’s and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Stockdale’s.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in the Copyright Infringement Notice section. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. Â§512(c)(3)).
Portions of this site may operate under one or more patents and may be subject to applicable intellectual property rights, including but not limited to protection through the US Patent and Trademark Office.
Risk of Loss
All items purchased from Stockdale’s are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
THE SITE IS PROVIDED BY Stockdale’s ON AN “AS IS” AND “AS AVAILABLE” BASIS. Stockdale’s MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Stockdale’s IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Stockdale’s, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS, DO NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.
[h2] Limitation of Liability
NONE OF Stockdale’s PARTIES INCLUDING EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS AND THEIR EMPLOYEES AND DIRECTORS, VENDORS, AND SUPPLIERS IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU, THE USER, WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL.
Stockdale’s WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF Stockdale’s PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00) OR THE ACTUAL COST OF ANY ITEMS PURCHASED, WHICHEVER IS GREATER.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Stockdale’s HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Stockdale’s shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
Jurisdiction and Governing Law
Stockdale’s operates the Site from its offices within the United States. Stockdale’s makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of US export laws and regulations.