TERMS OF SERVICE
Access to this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). Please read the Terms of Service carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by all of the Terms of Service, as may be updated by us from time to time. If you do not want to agree to these Terms of Service, you must not access or use the Services. Granite Supplements, Inc. (“Granite”, or “We”) may revise and update these Terms of Service from time to time in our sole discretion. All changes are effectively immediately when we post them. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You should check this page regularly to take notice of any changes we may have made to the Terms of Service, as they are binding on you.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable, if for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website. We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Website solely for your personal, non-commercial use. This Website is offered and available to users who are eighteen (18) years or older. By using this Website, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you do not meet all of these requirements, you must not access or use the Website.
ACCURACY OF INFORMATION
While we have made every attempt to ensure that the information in this Website is complete, accurate, and current, Granite is not responsible for any errors, omissions, or for the results obtained from the use of this information. All information in this Website is provided “as is”, with no guarantee of completeness, accuracy, and timeliness. In addition, we may make changes in information about price and availability without notice. 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 or our confirmation of an offer to sell the products. 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. We also may require verification of information prior to the acceptance and/or shipment of any order.
In order to place orders or to access or use many portions of the Website, you may need to create a registered account with Granite. When you create your registered account with Granite, you may create a username and password (combined, the “User Identity”) for access to certain portions of provided the Website. You shall hold and secure any such User Identity as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such User Identity. You shall not post the User Identity on any website nor transmit it through unsecured sites. Third parties with knowledge of your User Identity can gain access to your account information on the Website and may make purchases and take other actions for which you will be held accountable and liable. Granite is entitled to, and will, assume that any person using the Website under your User Identity is you and will hold you liable and responsible for all purchases, and statements, made under your User Identity. Granite shall not be responsible whatsoever in the event that your User Identity is used by an unauthorized entity or misappropriated by a third party. For purposes of identification and billing, you agree to provide Granite with accurate, complete, and updated information required by the site subscription or registration page, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to be financially responsible for all usage or activity transacted under your User Identity on your registered account. If you provide any information that is untrue, inaccurate, not current or incomplete, Granite has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision may constitute a criminal offense and Granite will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Granite, or its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved by Granite and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order, you are offering to purchase a product and subject to the following Terms of Sale. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Granite you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Granite retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party for which you have contracted with. This will usually be Granite or may in some cases be a third party. Where a contract is made with a third party, Granite is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the Terms of Sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods to which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
While we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods for which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition to the price of goods, and such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased, as listed in the confirmation email.
The charges on your credit card statement will reflect that the payment is made to Granite Supplements. It may appear on your actual statement, depending on which payment method you use, as Granite Supplements, GRANITESUPP, or some derivation thereof.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Granite and its suppliers, content providers and advertisers, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Granite’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
The information contained in this Website is provided for informational purposes only. You should not use the information from this Website as a substitute for the advice provided by your doctor or other health care professional for diagnosing or treating a health issue or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You agree to read carefully all product packaging prior to use.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Granite and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Granite.
You agree to indemnify, defend and hold harmless Granite, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respond to notices of alleged copyright infringement in accordance with the processes set out in the Digital Millennium Copyright Act (“DMCA”). Copyright owners or agents thereof who believe that any content infringes upon applicable copyrights may submit a notification to Granite pursuant to the DMCA providing our designated copyright agent at this address:
30 Waterworks Way
Irvine, CA 92618
with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material in your content, you may send a counter-notice containing the following information to the designated copyright agent:
If a counter-notice is received by the designated copyright agent, Granite may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Granite’s sole discretion.
Granite shall have the right, in its absolute discretion at any time and without notice, to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
ARBITRATION; CLASS ACTION WAIVER
In any claim, action or proceeding to enforce any right or obligation of the parties under these Terms of Service including, without limitation, relating to your use of our Services, you hereby waive any right you may now have or hereafter possess to a trial by jury. You agree to resolve any dispute which may have arising out of or relating to these Terms of Service in good faith mediation. In the event no mutual agreement is made under mediation within sixty (60) days of notice of such dispute, you have the right to resolve such dispute via arbitration before a single arbitrator pursuant to then current Commercial Rules of the American Arbitration Association (AAA). The arbitrator may award any relief available under applicable law including but not limited to an award of attorneys’ fees, this agreement to arbitrate does not interfere with either your or Granite’s right to file a claim with a state or federal agency with jurisdiction thereof to the extent permitted by applicable law. Even if allowed under AAA rules, no class or collective action or arbitration may be brought against Granite hereunder unless required by applicable law. If either you or Granite intends to seek arbitration under these Terms of Service, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Granite should be sent as required by these Terms of Service. The notice must describe the nature of the claim and the relief being sought. If you and Granite are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. The arbitration, information produced, and pre-and post-hearing proceedings will be confidential and any award shall not be used in any other case except to enforce the award itself.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and granitesupplements.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Granite.
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