Terms and Conditions

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Our Terms & Conditions

THESE TERMS AND CONDITIONS AND EACH REFERENCED POLICY CONSTITUTE A BINDING CONTRACT AND SHOULD BE READ CAREFULLY

Last Updated: February 21, 2025

Company Information

WESTERN STONE & METAL CORP., dba Shane Co. (“Shane Co”)

These Terms and Conditions (“Terms and Conditions”) govern your purchase or transaction involving, use of or exposure to, or participation in, of, or with: (i) our various products, merchandise, including but not limited to fine jewelry, precious metals and stones, and/or other goods or products sold at our retail locations, whether purchased via ecommerce or otherwise (individually and collectively, “Products” or “Product”); (ii) our websites, Platforms, applications, software, resources, mobile apps, infrastructure, and other similar offerings or items (individually and collectively, “Platforms” or “Platform”); (iii) various services related to the Products and/or similar incidental business activities involving consumers (individually and collectively, “Services” or “Service”); (iv) any interactions with third parties resulting from your exposure to the Platforms or our other business activities that directly involve us; and/or (v) any other settings in which Shane Co is involved with or rendering Products, Platforms or Services, except as expressly provided otherwise (individually and collectively with the Platforms, Products and Services, the “Offerings”), whether made available to you by the company listed above or its subsidiaries and affiliates (individually and collectively, “Shane Co,” “we,” “us,” or “our”).Adyen Requirements: Brief description of product/service.

THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THE ENTIRETY OF THESE TERMS AND CONDITIONS APPLY TO USERS ACCESSING OUR OFFERINGS. BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR OFFERINGS, OR PROVIDING INFORMATION TO US IN ANY MANNER COVERED BY THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS IF YOU HAD SIGNED THEM. DO NOT ACCESS OUR OFFERINGS IF YOU DO NOT AGREE TO BE BOUND BY THIS NOTICE. ADDITIONALLY, SECTION 12 OF THESE TERMS AND CONDITIONS APPLIES SPECIFICALLY TO THOSE WHO MAKE PURCHASES OR PLACE ORDERS THROUGH THE NON-PRODUCT OFFERINGS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE OFFERINGS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE OFFERINGS. BY ACCESSING OR USING THE OFFERINGS, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Offerings following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Capitalized terms not defined in these Terms and Conditions have the meaning set forth in our additional policies, addendums, and agreements. In the event of a conflict between these Terms and Conditions and any other separate service agreements, contracts, or other terms and conditions (“Additional Terms”): (i) conflicting Additional Terms shall control if the conflicting Additional Terms are contained in a policy, addendum, agreement, that is the result of a completed transaction between us where you paid for our Products or Services (such as warranty, repair, and/or related service contracts) or a separate written agreement between us (but only with respect to the Products or Services expressly identified in such an agreement); and (ii) the terms of the Privacy Notice and Cookie Policy (“Privacy Notice) that are in direct conflict with the terms of these Terms and Conditions shall control, and the remaining Terms and Conditions shall be construed in a manner that complies with the operative privacy law to which we are subject (for the avoidance of any doubt, all other non-conflicting terms contained in these Terms and Conditions, including but not limited to binding arbitration, waiver, indemnification and similar liability provisions, shall still be given effect to the maximum extent permitted by law). We encourage you to visit our FAQs for various topics such as our general return, shipping, order management, and similar topics. Except as otherwise provided our return policy applies to the purchase of our Products.

1. OVERVIEW

The Platforms are designed to offer you or anyone accessing our Platforms an option to purchase a variety of Products and Services, to assist you with the submission of required forms, documents and other information necessary for us to do business with you, and for Users’ ability to learn about our offerings, evaluate and/or enjoy the Platforms.

Except, of course, where a separate contract governs the Services (such as a warranty or similar contract) and provides otherwise, we reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the non-Product Offerings. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the non-Product Offerings.

2. ELIGIBILITY

The non-Product Offerings are intended for Users that are at least 18 years old or the age which applies to you based on your jurisdiction. If you are between 13 and 18 (“Minor”), you may use the non-Product Offerings only with the supervision and consent of a parent or guardian. However, no individual under these age limits may provide any Personal Data to us or otherwise through the non-Product Offerings – do not access our Platforms if you are under the applicable age limit.

3. PROFILE

In order to access certain Offerings, you may be required to create a profile, username, account or group covering a specific set of licensees with us or our third-party partners (“Account”). By creating an Account, you agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, payment method, and password. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your Account and refuse any and prevent certain uses of our Offerings. We may also refuse service at any time if it is believed the use rights you have been granted are being exceeded (whether by allowing an excess number of users to access, by use for improper purposes, or otherwise). You are solely responsible for activities that occur under or through your Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your Account or any breach of your account security.

ALL ENTITIES ASSOCIATED WITH AN ACCOUNT, INCLUDING BUT NOT LIMITED TO THE LISTED ACCOUNT HOLDER, ARE RESPONSIBLE FOR ALL FEES INCURRED UNDER THE ACCOUNT REGARDLESS OF ONE’S AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.

Please refer to our Privacy Notice for how we store, access, use, and share any information you provide to us, and your rights with regard to your Personal Data.

4. PAYMENT METHOD

When you purchase any of our Products or Services, whether at a retail location, pay by link service, or other point of purchase (including web purchase), all fees, charges, or other costs (“Fees”) will be billed to the credit card, or other payment method, with which you provide us or our third-party payment partners (“Payment Method”). You authorize the Payment Method issuer to pay any incidental fees incurred by you, including any Fees incurred through your Account.

You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your Account current and accurate. If Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by providing another Payment Method. You agree to pay all costs of collection efforts, including attorneys’ fees and costs. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Platform) to that card or other Payment Method.

Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Currently our Payment Processor(s) are Adyen, Apple Pay, Klarna, and PayPal. We may replace our Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor and go through a vetting process at the request of the Payment Processor to set up an account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that you have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.

You agree the Payment Method provided will be authorized for the remaining balance of the Offerings purchased and will be automatically charged upon fulfillment. You agree that if your final purchase is more or less than your original reservation or purchased Offerings value, your Payment Method will be automatically charged the total price of the transaction less any deposit on file. Additional payment related information is found in our FAQs.

5. INTELLECTUAL PROPERTY; CONTENT YOU PROVIDE

Intellectual Property. Unless otherwise noted, you agree the design of the Platforms, the Platforms as a whole, and all materials that are part of the Platforms are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us or our subsidiaries and affiliates. All intellectual property rights in the Offerings shall be owned by us, and in limited circumstances as granted by separate agreements our licensors, absolutely and in their entirety. These rights may include but are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing or however arising in the world together with the right to apply for or otherwise benefit from protection of the same (“Protected IP”). You agree and acknowledge you have no such use or ownership rights with respect to Protected IP except as expressly detailed by separate contract between you and us, and hereby assign us any and all rights you may have claim to. All other trademarks, logos, service marks, company or product names set forth in the Offerings are the property of their respective owners; provided, however, that such entities may have granted us a worldwide, irrevocable, royalty free, non-exclusive right to use such intellectual property in Shane Co’s Offerings. You shall not use or alter any text, logos, Protected IP, Shane Co’s signature colors or create a confusingly similar materials in such a way which may suggest endorsement or affiliation by Shane Co. You shall not use a mark which is confusingly similar to the Protected IP.

User Generated Content. Please visit our User Generated Content Policy for more terms applicable to any content you provide or upload. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Generated Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against us relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.

6. RESTRICTED ACTIVITY; USE.

7. THIRD PARTY WEBSITES, LINKS, VENDORS, ENTITIES, ETC.

The non-Product Offerings may include links that direct you to other sites, or expose you to other third-party vendors, entities, locations, etc., that are beyond our control. We are not responsible for the conditions, accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, conditions or material contained in sites to which you link from or entities or locations you interact with as a result of our Offerings. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Offerings, nor can we review all material matters relating to each other third party entity, location or item related to the same.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Offerings. Accessing such links or engaging with such third parties is at your own risk and we are not responsible for any matters involving the same.

Additionally, information collected from our third-party partners may be processed by such (“Application Processors”), and you may be required to register with the same to make use of the Offerings. Shane Co may replace its Application Processors without notice to you, though we work to keep our Privacy Policy current with such information. Additionally, you may be required to agree to terms of service of the Application Processor and go through a vetting process at the request of the Application Processor to set up an account with the Application Processor (“Application Processor Services Agreement”). By accepting these Terms and Conditions, you agree that you have reviewed and agreed to, the Application Processor Services Agreement(s). Please note that we are not a party to the Application Processor Services Agreement and that you, the Application Processor and any other parties listed in the Application Processor Services Agreement are the parties to the Application Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Application Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Application Processor may validate an account before activation. Shane Co shall have no liability for actions or inactions of the Application Processor, and all issues with the Application Processor must be taken up directly with Application Processor and without Shane Co’s responsibility for the same.

8. DISCLAIMERS

The disclaimers in this Section are made on behalf of Shane Co, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, shareholders, directors, partners, employees, independent contracts, agents, licensors, vendors, content providers, distributors, representatives, service providers and consultants, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees (together with Shane Co, the “Shane Co Parties”).

PRICING, PROMOTIONS AND AVAILABIITY MAY VARY BY LOCATION AND WEBSITE. DESCRIPTIONS, TYPOGRAPHIC, AND/OR PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION. SHANE CO PARTIES SHALL NOT BE BOUND BY OR RESPONSIBLE FOR SUCH ERRORS. DISCOUNTS, COUPONS, OFFERS, VALID DATES, PARTICIPATING LOCATIONS, EXCLUSIONS AND/OR PRICING ARE SUBJECT TO CHANGE, ALTERATION OR TERMINATION BY SHANE CO AT ITS SOLE DISCRETION AT ANY TIME.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE OFFERINGS ARE PROVIDED ON AN 'AS IS' AND ‘WITH ALL FAULTS’ BASIS. SHANE CO PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, HAZARDS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND/OR CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SHANE CO PARTIES DO NOT WARRANT THAT YOUR USE OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE OFFERINGS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SHANE CO PARTIES ENDEAVOR TO PROVIDE ACCURATE INFORMATION, THE SHANE CO PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ERRORS, OR RELIABILITY OF INFORMATION ON THE OFFERINGS. YOUR USE OF THE OFFERINGS ARE AT YOUR OWN RISK.

INFORMATION, DESCRIPTIONS, REPRESENTATIONS NOT CONTAINED WITHIN THESE TERMS OF SERVICE OR ADDITIONAL MATERIALS, DOCUMENTS, GUIDANCE, AND/OR DIRECTIONS RELATING TO THE OFFERINGS ARE GENERAL IN NATURE AND MUST BE VIEWED WITH AN APPRECIATION FOR MANY VARYING CONDITIONS. NONE OF SUCH INFORMATION IS A SUBSTITUTE FOR IN-PERSON GUIDANCE BY A QUALIFIED PROFESSIONAL, INDEPENDENT INVESTIGATION, AND OTHER SOURCES OF EXPERTISE. YOU ASSUME ALL RISKS ASSOCIATED WITH ENGAGING IN ANY ACTIVITIES OR USING ANY OFFERINGS.

9. INDEMNITY

TO MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE SHANE CO PARTIES HARMLESS FROM ANY LOSS, LIABILITY, EXPENSES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, WHETHER FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR OTHERWISE (COLLECTIVELY, “CLAIMS”) DUE TO OR ARISING OUT OF (A) ANY INFORMATION SUBMITTED BY YOU OR THROUGH YOUR PROFILE, COMMENTS, OR YOUR CONTENT, (B) YOUR PARTICIPATION IN OR EXPOSURE TO THE OFFERINGS; (C) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR THIRD PARTY USING YOUR PROFILE, (D) THE VIOLATION, INFRINGEMENT OR MISAPPROPRIATION BY YOU, OR THIRD PARTY USING YOUR PROFILE, OF ANY INTELLECTUAL PROPERTY, INCLUDING PROTECTED IP, OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, TRADEMARK, COPYRIGHT, RIGHT OF PUBLICITY AND RIGHT OF PRIVACY; (E) ANY PORNOGRAPHIC, HATE-RELATED, THREATENING, LIBELOUS, OBSCENE, HARASSING OR OTHERWISE OBJECTIONABLE OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR POSTINGS OR OTHER COMMUNICATIONS; (F) INJURY, DEATH, OR BODILY HARM FROM ANY SITUATION THAT INVOLVES THE OFFERINGS; or (G) OTHERWISE RELATED TO ANY PRODUCTS OR OFFERINGS SOLD, PURCHASED, PARTICIPATED IN.

10. LIMITATION OF LIABILITY; ARBITRATION

NEITHER THE SHANE CO PARTIES NOR THEIR AFFILIATED OR RELATED ENTITIES OR ITS VENDORS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, OR FOR DAMAGES INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR PARTICIPATION WITH, EXPOSURE TO, OR USE OR INABILITY TO USE THE OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY OFFERINGS AVAILABLE TO YOU, AND/OR MATERIALS, PRODUCTIONS, EDUCATION OR TRAINING, INCIDENTAL RELATIONS PROVIDED OR FACILITATED BY THE OFFERINGS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHANE CO PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EXPOSURE TO THE OFFERINGS AND/OR INCIDENTAL ITEMS THERETO EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE RELATED TO THE SAME; PROVIDED, HOWEVER, THAT DEPENDING ON APPLICABLE LAW, THE FOREGOING LIMITATIONS MAY NOT LIMIT OR EXCLUDE THE SHANE CO PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED, OR FOR THE SHANE CO PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, THOUGH THE SAME SHALL BE LIMITED TO THE LOWEST EXTENT AVAILABLE AT LAW. THE SHANE CO PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF ANY CONCEPTS, USE OF, ITEMS, OR KNOWLEDGE LEARNED THROUGH THE OFFERINGS.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE SHANE CO PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE OFFERINGS AND ANY OTHER SITE, SERVICE, SOFTWARE, HARDWARE, SCHEDULE, REQUIREMENTS, CONDITIONS OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE OR ACTIONS SUGGESTED UNDER YOUR OWN COUNSEL OR OPINION AFTER EXPOSURE TO OUR OFFERINGS. SHANE CO PARTIES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES THAT THE OFFERINGS WILL YIELD ANY SPECIFIC RESULTS OR OTHERWISE QUALIFY YOU TO RENDER GOOD JUDGMENT OR ADVICE. YOU ARE NOT TO RELY ON THE OFFERINGS AND AT ALL TIMES WILL BE PROCEEDING UNDER YOUR INDEPENDENT JUDGMENT WHEN DEALING WITH THIRD PARTIES. IF YOU ARE DISSATISFIED WITH THE PLATFORMS, YOUR SOLE AND EXCLUSVE REMEDY IS TO DISCONTUNE USING THE SAME.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT THE SHANE CO PARTIES ARE FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS THE SHANE CO PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF $1.00 USD, THE FEES SHANE CO PARTIES RECEIVED FROM YOU, OR THE LOWEST AMOUNT THAT MAY BE PERMITTED BY ANY GIVEN JURISDICTION (OR THE LOWER AMOUNT CONTAINED IN ANY SPECIFICALLY APPLICABLE POLICY). EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OFFERINGS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

EXCEPT WHERE PROHIBITED, BY VISITING THE PLATFORMS AND/OR CONTRACTED FOR OUR SERVICES OR PRODUCTS, YOU AGREE THAT ANY AND ALL QUESTIONS, CONTROVERSIES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS – AS WELL AS DISPUTES RELATING TO THE SERVICES OR PRODUCTS ARISING OTHERWISE – AS WELL AS YOUR EXPOSURE TO OR THE FUNCTION OF THE PLATFORMS, INCLUDING BUT NOT LIMITED TO ALL PRIVACY MATTERS – SHALL BE RESOLVED EXCLUSIVELY BY MEANS OF ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, IN DENVER, COLORADO, AND SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION, AND YOU AGREE THAT YOU SHALL NOT SEEK TO AGGREGATE ANY CLAIMS WITH OTHER INDIVIDUALS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE PLACE OF ARBITRATION SHALL BE DENVER, COLORADO. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OF THE STATE OF COLORADO OR OF ANY OTHER JURISDICTION. DEPOSITIONS SHALL BE LIMITED TO A MAXIMUM OF THREE PER PARTY AND SHALL BE HELD WITHIN TWENTY (20) DAYS OF THE MAKING OF A REQUEST. ADDITIONAL DEPOSITIONS MAY BE SCHEDULED ONLY WITH THE PERMISSION OF THE ARBITRATORS, AND FOR GOOD CAUSE SHOWN. EACH DEPOSITION SHALL BE LIMITED TO A MAXIMUM OF SEVEN (7) HOURS DURATION. TIME IS OF THE ESSENCE FOR ANY ARBITRATION UNDER THIS AGREEMENT AND ARBITRATION HEARINGS SHALL TAKE PLACE WITHIN NINETY (90) DAYS OF FILING AND AWARDS RENDERED WITHIN ONE HUNDRED TWENTY (120) DAYS. THE ARBITRATOR SHALL AGREE TO THESE LIMITS PRIOR TO ACCEPTING APPOINTMENT. THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD PUNITIVE OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE. THE PREVAILING PARTY SHALL NOT BE ENTITLED TO AN AWARD OF ATTORNEY FEES. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. THE PARTIES AGREE THAT FAILURE OR REFUSAL OF A PARTY TO PAY ITS REQUIRED SHARE OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY THAT PARTY TO PRESENT EVIDENCE OR CROSS-EXAMINE A WITNESS. IN SUCH EVENT, THE OTHER PARTY SHALL BE REQUIRED TO PRESENT EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR THE MAKING OF AN AWARD. SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON-PAYING PARTY IN THE ABSENCE OF EVIDENCE PRESENTED AS PROVIDED FOR ABOVE.

11. GENERAL PROVISIONS

Surviving Provisions. The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.

Governing Law. These Terms and Conditions and our business operations at large shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.

Severability. If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.

Entire Agreement. These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Offerings; provided, however, the Additional Materials may also include additional terms.

Equitable Relief. You agree that any breach of the terms will result in irreparable harm to the Shane Co Parties for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Shane Co Parties will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened.

No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between you and Shane Co.

Waiver. Any express waiver of, as well as the failure and/or decision to not to enforce or promptly exercise any right under the terms will not create a continuing waiver or any expectation of non-enforcement (both as to the term at issue and the entirety of the Terms and Conditions). Any waiver of the terms must be in writing and signed by the party against whom enforcement of the waiver is sought, with such waiver functioning narrowly and as to only the expressly described waiver as the facts existed as the date it was granted. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.

No Third-Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the terms, there shall be no third-party beneficiaries to this agreement or as a result of your use of the Offerings.

Updates. We reserve the right to revise our Terms and Conditions, the FAQ’s and other similar policies at our sole and absolute discretion. Such changes are effective upon updating those materials. If changes are material, we may post a banner and a link on our main homepage at ShaneCo.com notifying you of the change. The revised terms will take effect the date they are posted on the Platforms. Your continued use of our Platforms constitutes your agreement to follow and be bound by these Terms and Conditions. Please review these posted terms on a regular basis.

12. Purchases and Orders Placed Via the Offerings or Platforms Comprising the Same

This Section 12 applies as additional provisions specifically to those who make purchases or place orders through the Platforms for Products or Services, at retail locations, or otherwise, including sales of new merchandise directly to you, and sales whereby you receive products or services from third parties in transactions hosted by us. The terms of this Section 12 are to be read in conjunction with the remainder of the Terms and Conditions, INCLUDING BUT NOT LIMITED TO SECTION 9 - INDEMNITY, 10 – LIMITATION OF LIABILITY, AND 11 – GENERAL PROVISIONS, which shall likewise apply. By using the Platform, you are also agreeing that we can process your information in the ways set forth in the Privacy Notice, so please read it. To the extent there is any direct conflict between the provisions of this Section 12 and the remainder of the Terms and Conditions, the following shall control; provided, however, that the same shall be construed to the narrowest extent possible to give effect to both provision and the remainder of the Terms and Conditions where possible.

A. General Terms

Pricing and Availability. All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and/or discontinue Services (though, with respect to Services, such matters may also be governed by another agreement, such as a warranty or similar contract between us as described earlier in these Terms and Conditions) without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes 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. Prices displayed on the Platforms or elsewhere may vary from those in the store or from store-advertised prices.

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by emailing Customer Service at CustomerServiceRep@shaneco.com or by joining us in Live Help link in the upper left-hand corner of our homepage. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Errors We attempt to be as accurate as possible and to eliminate errors on the Platforms and elsewhere our Products and Services or described; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Electronic Transactions; Records; Copies. You agree that all of your transactions involving the Services or Products, whether or not through the Platforms may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

Termination of Access. We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Platforms or Services. Termination of a license to use the Platforms or Services does not constitute termination of these Terms and Conditions.

Merchandise Availability. Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by emailing Customer Service at CustomerServiceRep@shaneco.com or by joining us in Live Help link in the upper left-hand corner of our homepage. You will receive a shipping confirmation e-mail once your items have shipped.

13. Additional Content Uploader Terms of Use.

We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Platforms, without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platforms by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

Notification of Alleged Copyright Infringement. If you believe that your work has been copied and made available in a way that constitutes copyright infringement, you may send a written document to CustomerServiceRep@shaneco.com that contains the following (a “Copyright Notice”):

A description of the copyrighted work that you claim has been infringed;

Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material;

An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright;

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 applicable law;

A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf; and

Your name, mailing address, telephone number, and email address.

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you misrepresent that content uploaded by another Platforms user is infringing your copyright.

Upon receiving a proper Copyright Notice, we will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notice PROCEDURE. If you believe your own copyrighted material has been removed from the Platforms in error, you may submit a written Counter Notice to CustomerServiceRep@shaneco.com that includes the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

A statement that you consent to the jurisdiction of the Federal District Court of Colorado (otherwise, all matters are governed by the arbitration provisions described elsewhere);

A statement that you will accept service of process from the party that filed the Notice or the party's agent;

Your name, address and telephone number;

A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Your physical or electronic signature.

If you send a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.

Repeat Infringer Policy. In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platforms by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platforms.

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platforms by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platforms.

Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. We have adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.

Representations and Warranties. You represent and warrant that any content you upload to the Platforms does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.

Contact Information. If you have any questions about these Terms and Conditions, please contact us as follows:

WESTERN STONE & METAL CORP.
dba Shane Co.
Attn: Legal
P.O. Box 3552
Englewood, CO 80155
legal@shaneco.com

If you need any assistance with the Platforms or have general questions, please contact Customer Service via email at CustomerServiceRep@shaneco.com.

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