Term of Use

Agreement between user and www.shubfly.com

Welcome to www.shubfly.com. The www.shubfly.com website (the “Site”) is comprised of various web pages operated by ShubFly is offered to you conditioned on your acceptance without modification of terms, conditions, and notices contained here in (the “Terms”). Your use of www.shubfly.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.shubfly.com is a website, it provides the web pages available at this world wide web site to general public. If you do not agree with these terms and conditions, or if you are not age 18 or older, do not use shubfly.com.

“Using” shubfly.com, means doing actions like clicking on links, entering information, creating documents, uploading content, enrolling in an account, ordering a product, contacting us or browsing. Your Using shubfly.com constitutes your agreement to all the terms, conditions, and notices contained in this document. This especially includes (a) the liability disclaimer, this may affect your rights.

shubfly.com offers general information about the stone fabrication; but it does not provide any professional advice. ShubFly is not a stone fabrication advice firm: Neither the employees of ShubFly. Your Use of shubfly.com blogs/emails is your decision. In any advice you undertake through shubfly.com, you are representing yourself.

ShubFly is not responsible for any loss, injury, claim, liability, or damage related to your use either of shubfly.com or of any site linked to shubfly.com. Although this is the case for all uses of these sites, we specifically mention here two of the most likely causes: (1) incidents caused by the site being down; and (2) incidents caused by errors or omissions in the content of our site or any other linked sites. In short, your Use of shubfly.com is at your own risk.

Privacy:

Your use of www.shubfly.com is subject to ShubFly’s Privacy Policy. Please review out Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communication:

Visiting www.shubfly.com or sending emails to ShubFly constitutes electronic communications. Your consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communication that we provide to your electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account:

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ShubFly is not responsible for third party access to your account that results from theft or misappropriation of your account. ShubFly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ShubFly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.shubfly.com only with permission of a parent or guardian.

Cancellation/Return/Refund Policy:

ShubFly product orders can be cancelled before it is shipped. After an order is shipped, it can be returned within fifteen days of day order is placed for a partial or full refund. For all returns, a restocking fee may be applicable. All returns for unopened packaging, item condition same as shipped, new and unused, ShubFly will provide return shipping label or cost and qualify for zero restocking fee. To get the credit of return shipping cost and zero restocking fee, customer must contacts us before returning the item. All returns for opened packaging, item condition same as shipped, new and unused, customer will provide return shipping label or cost and qualify for 10% of product price as restocking fee. ShubFly does not offer returns on used items.

Modification/Changes of these Terms and Conditions

ShubFly reserves the right, in its sole discretion to change or modify these Terms and Conditions of Use or to impose new conditions at any time in the terms, conditions, and notices under which shubfly.com is offered. This includes, but is not limited to, the charges associated with the use of its services. ShubFly shall also have the right at any time to change or discontinue any aspect of or feature of this Website, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms and Conditions of Use or elsewhere on the Website, electronic mail, or any means by which you obtain actual knowledge.

You understand and agree that your continual use of shubfly.com shall be treated as acceptance of the modified Terms and Conditions.

The most current version of the Terms will supersede all previous versions. ShubFly encourages you to periodically review the Terms to say informed of our updates.

Links to third party sites

This site www.shubfly.com, and some of the articles on shubfly.com, contains links to other website, resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience, as citations and aids to help you identify and locate other Internet resources that may be of interest to you. They are not intended to indicate that ShubFly either sponsors or is legally associated with any of the linked entities; nor is ShubFly legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links. ShubFly is not responsible for the contents or updated to the Linked Site. ShubFly is providing these links to your only as a convenience, and the inclusion of any link does not imply endorsement by ShubFly of the site or any association with its operators.

Since the Linked Sites are not under the control of ShubFly, ShubFly is not responsible for the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. ShubFly is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms and Conditions do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

eMail Policy:

By creating an account, you agree that you may receive communications from ShubFly such as newsletters, special offers and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer or other part of the actual email.

Third party services

Certain services made available via www.shubfly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.shubfly.com domain, you hereby acknowledge and consent that ShubFly may share such information and data with third party with whom ShubFly has a contractual relationship to provide the requested product, service or functionality on behalf of www.shubfly.com users and customers.

Your Privacy

Protecting your privacy is very important to ShubFly. Please review our Privacy Policy. It explains how ShubFly treats your personal information and protects your privacy.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.shubfly.com strictly in accordance with these terms of use. As a condition of your Use of the www.shubfly.com website, you warrant to ShubFly that you will not use the website for any purposes that are unlawful or prohibited by these terms, conditions, and notices. You may not user site in any manner which could damage, disable, overburden, or impair the Site; or interfere with another party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ShubFly or its suppliers and protected by intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ShubFly content is not for resale, your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ShubFly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ShubFly or our licensors except as expressed authorized by these Terms.

You may not hack, “scrape” or “crawl” www.shubfly.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information that ShubFly has not intentionally made available to you on its website.

Use of communication services

The Site www.shubfly.com may contain a large number of what can be collectively called “Communications Services.” These include services like bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, or other message facilities designed to enable you to communicate with the public at large or an specific group. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. (This includes rights like those of privacy and publicity.)
• Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful name material or information
• Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity. Exceptions: (1) You own or control the necessary rights; or (2) you have received all necessary consents.
• Upload files that contain viruses, corrupted files or any other similar software or program that may damage the operation of another's computer.
• Advertise, offer to sell, or offer to buy any goods or services for business purposes. Exception: unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that you know (or reasonably should know) cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying communication services.
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, without their consent. (This includes e-mail addresses.)
• Violate any applicable laws or regulations.

(The items on this list, despite their order or number, are offered only as representative examples. Any similarly inappropriate acts are equally disallowed.) Although ShubFly has no obligation to monitor the Communication Services, it reserves the right, in its own discretion, to review and remove materials posted to a Communication Service. ShubFly reserves the right to terminate your access to any or all of the Communication Services at any time, without notice for any reason whatsoever.

ShubFly reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or material, in whole or in part, in ShubFly’s sole discretion.

Always use caution when giving out any personal identifying information about yourself or your children in any Communication Service. ShubFly neither controls nor endorses the content, messages, or information found in any Communication Service, and, therefore, ShubFly specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ShubFly spokespersons, their views do not necessarily reflect those of ShubFly.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if your upload/download the materials.

Materials provided to www.shubfly.com or posted on any ShubFly web page

ShubFly does not claim ownership of the materials you provide to www.shubfly.com (including feedback and suggestions) or post, upload, input or submit to any ShubFly Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your submissions you are granting ShubFly, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions: and to publish your name, company logo in connection with your Submission.

No compensation will be paid with respect to the use for your Submissions, as provided herein, ShubFly is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ShubFly’s sole discretion.

By posting, uploading, inputting, or submitting your Submissions you warrant and represent that you own or otherwise control all the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by ShubFly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ShubFly Content accessed through www.shubfly.com in any coutry or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ShubFly, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of the third party, or your violation of any applicable laws, rules or regulations. ShubFly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ShubFly in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDING IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ShubFly AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ShubFly AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURARY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDE “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

ShubFly AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ShubFly AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DANAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INALIBITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGHT THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHEREISE, EVEN IF ShubFly OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

ShubFly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of the California and you hereby content to the exclusive jurisdiction and venue of the courts in California in all disputes arising out if or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ShubFly as a result of this agreement or use of the Site. ShubFly’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ShubFly’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ShubFly with respect to such use. If any part of this agreement is determined to be invalid or unforeseeable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original and remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the use and ShubFly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the use and ShubFly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

ShubFly welcomes your questions or comments regarding the Terms: ShubFly 663 Viader Ct Santa Clara, California 95050 Email Address: sales@shubfly.com