Terms of Use
Welcome to the Stonebranch Website (hereinafter referred to as “Website”), and thank you for visiting, we hope you will enjoy the experience!
These Terms of Use (hereinafter referred to as the: “Terms”) are representing a legal contract between you and Stonebranch (hereinafter referred to as “Stonebranch” or “We”) and govern your use of this Website, and by accessing and using this Website, you accept and agree to be bound by these Terms.
For the purposes of these Terms, the following shall refer to:
- “Website”, shall refer to www.stonebranch.com,
- “Stonebranch” or “We” means Stonebranch Inc. and all of its affiliates and associated entities numbered at Contact Us | Stonebranch | Stonebranch,
- “You” means every user (natural person, legal entity or representative of entity) visiting this Website.
SERVICE PROVIDER:
Stonebranch services are provided by, and you’re contracting with the following entity: Stonebranch, Inc. – organized under the laws of the State of Georgia, USA, and operating under the laws of the USA, Georgia (Here and after “Stonebranch”) with its registered address at 4550 North Point Parkway, Suite 400 Alpharetta, GA, 30022, USA.
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.
ACCESS TO THE WEBSITE
When you access this Website, you are responsible for complying with these Terms and all use of this Website through any account you may setup through or on this Website. Some of the services may require you to open an account, in that case, you must complete the registration process by providing us with current, complete, and accurate information as requested by the applicable registration form. In some cases, an account may be assigned to you by legal entity on example by your employer, in this case please be aware that your administrator may be able to access, operate or disable your account without Stonebranch involvement. It is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of this Website as well as paying related charges (if any charges applicable). It is also your responsibility to maintain the confidentiality of your password(s). Stonebranch will not be liable for any loss you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Stonebranch or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
We collect certain personal information about you in connection with your access and use of this Website. Stonebranch use of that information is governed by the Stonebranch Privacy Notice: https://www.stonebranch.com/privacynotice.
I. MODIFICATIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice to you. Such modifications will be effective immediately upon posting. Your use of the Website after such posting shall be deemed to constitute acceptance by you of such modifications.
II. USER CONTENT
The website may contain live chat or can offer other interactive features (hereinafter referred to as the “Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, or other materials or items (hereinafter referred to as the “User Content”). You are solely responsible for your use of any Interactive Areas. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter these Terms, submit content, and participate on the Website. You agree to indemnify, release, and hold us harmless from all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any User Content you post. if you send us any information, ideas, suggestions, or other communications, please consider that those communications will not be confidential. Moreover, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you. Stonebranch may not be held liable, directly, or indirectly, for any loss or damage caused to you in connection with any User Content posted by another member. By submitting any User Content or participating in an Interactive Area within or in connection with the Website, you agree that you will not upload, post or otherwise transmit any User Content that is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
III. THIRD PARTY LINKS AND CONTENT
Stonebranch website may contain links to third party websites that are not owned or controlled by Stonebranch. Stonebranch has no control over and assumes no responsibility for any third party website content, privacy policies, practices, or changes made of any third-party websites. Additionally, Stonebranch shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any software, content, goods, information, or services available on or through any such linked website. By using the Website, you expressly relieve Stonebranch from all liability arising from your use of any third-party website. Accordingly, we recommend you to be aware when you leave the Stonebranch website to read the policies of every other website that you visit. Additionally, the Website may include features that operate in conjunction with certain third-party social networking websites you visit (such as Facebook, Twitter, YouTube, and Linkedln). Your access and use of third-party social networking sites and the services provided through them is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any of their applicable terms of service or other agreements.
IV. ACCESS TO MATERIALS
You may download, store, display on your computer, view, listen to and print materials that Stonebranch publishes or broadcasts on the Website or makes available for download through the Website subject to the following: (a) the materials may be used solely for your personal, informational, noncommercial purposes; (b) the materials may not be modified in any way; and (c) the Materials may not be redistributed.
Stonebranch may at any time and without notice upon its discretion make changes to any products, services and materials offered on the Website, or to the applicable prices for any such products, services or materials. The materials on the Website with respect to products and services may be out of date, and Stonebranch makes no commitment to update the materials on the Website with respect to such products and services.
V. USER CONDUCT
Stonebranch may at any time upon its sole discretion and where deemed necessary to audit your use of the website/products/software/services. By accessing or using the Website:
- You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Stonebranch server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegal means;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website;
- You may not show any material from the Website or products and services in public;
- You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- You agree not to impersonate any person or entity, including, but not limited to, the Stonebranch Group or any Stonebranch Group employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other user’s right to privacy;
- Transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs;
- You agree to obey all applicable laws, and not to engage in any activity that would constitute a criminal offense or could lead to civil liability;
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, or with any other person’s use of the Website;
- The Website may not be copied or imitated, reverse engineered, disseminated and or decompiled in whole or in part and can be used only according to these Terms.
VI. INTELLECTUAL PROPERTY RIGHTS
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer, layout, design, structure, color scheme, selection, combination, and arrangement of the content present on the Website is owned by or licensed by Stonebranch. Such Content is protected by copyright, trademark and other intellectual property and competition laws. Nothing in this Terms shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Stonebranch software, the Stonebranch website, materials, or any user content for any reason, unless otherwise expressly permitted by these Terms or by Law. All third-party brands, logos and signs contained on Stonebranch website are either registered or unregistered trademarks of those third parties and as such, represent their proprietary as respective owners. No logo, sign, graphics, sound or image, as well as plugins on the Stonebranch Website owned by Stonebranch partners and/or third parties may be copied or retransmitted unless expressly permitted by Stonebranch or the respective third party.
VII. WARRANTY DISCLAIMER
ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE DON’T MAKE ANY COMMITMENTS REGARDING MEETING YOUR NEEDS AND EXPECTATIONS FROM THE WEBSITE. STONEBRANCH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USE, OR TRADE PRACTICE.
THE ABOVE STATED MEANS THAT STONEBRANCH DOES NOT WARRANT OR PROMISE YOU THAT THE WEBSITE IS FREE OF ERRORS OR PROBLEMS. Stonebranch makes no warranty that this Website will meet your expectations, needs or requirements or that this Website will be uninterrupted, timely, on disposal, secure, or error free or that errors or defects that can appear in this Website will be corrected. Stonebranch makes no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website.
VIII. LIMITATION OF LIABILITY
STONEBRANCH OR ANY ITS AFFILIATE, EMPLOYEES OR PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, COMPUTER FAILURE, ANY COSTS, COST OF REPLACEMENT GOODS, THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY STONEBRANCH PRODUCT AND SERVICE INCLUDING THIRD PARTY’S USE OF THE WEBSITE, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
IX. VIOLATION OF TERMS
Stonebranch shall have the right to immediately terminate your access to the Website in the event of any conduct by you which we, in our sole discretion, see it as unacceptable. If Stonebranch (in its sole discretion) determines that you have acted inappropriately and unacceptable or in contrary to these Terms, we reserve the right to take down your content, terminate your account, prohibit you from using the Website, and take appropriate legal actions. You agree that Stonebranch will not be liable to you or to any third party for termination of your access to the Website because of your unacceptable use or any violation of these Terms.
Stonebranch may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website. Stonebranch reserves the right to disclose any information that deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Stonebranch also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
X. GOVERNING LAW AND DISPUTE RESOLUTION
In the event of any dispute between Stonebranch and you arising out of or in connection with your use of the Website, the parties (We and You) shall attempt, in good faith, to resolve any such dispute.
The following applies if You access this Website from outside the European Union:
United States laws of the State of Georgia will govern this Terms without giving effect to any principles of conflicts of laws. Courts of United Stated, Georgia will be the responsible jurisdiction.
The following applies if You access this Website from within the European Union:
The laws of Germany will govern this Terms without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this Terms shall be Frankfurt, Germany.
In accordance with the above you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.