Terms of Service
NOTICE OF ARBITRATION PROVISIONS
YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 18 AND IN THESE TERMS OF USE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.
These Terms of Use (“Terms of Use”) apply to your access to and use of the services of Harper & Stones (“Harper & Stones,” “we,” “us,” or “our”), including without limitation visiting the website located at https://harperandstones.com (the “Website”), purchasing products from us, or engaging in any other activity that links to these Terms of Use (collectively, the “Services”).
These Terms do not alter any other written agreement you may have with us that expressly governs its subject matter. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on its behalf.
1. ACCEPTANCE; SCOPE; CHANGES
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy (collectively, the “Terms”). If you do not agree, you must not use the Services.
We may modify these Terms or the Services at any time on a prospective basis. Continued use after changes are posted constitutes acceptance of the revised Terms. Material changes will take effect prospectively and will be communicated via the Services and/or email where required by law. If you do not agree to the updated Terms, you must discontinue use of the Services before the effective date.
These Terms constitute the entire agreement between you and Harper & Stones regarding the Services and supersede all prior communications.
2. PRIVACY POLICY
Your use of the Services is governed by our Privacy Policy, which is incorporated by reference. By using the Services, you consent to our collection and use of information as described therein. In the event of any conflict regarding dispute resolution, Section 18 of these Terms shall govern.
3. ELIGIBILITY; CHILDREN’S PRIVACY
The Services are intended for individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction. We do not knowingly collect personal information from children under thirteen (13). If you believe such data has been collected, please contact support@harperandstones.com with “Minor Data Collected Notification” in the subject line.
4. USER CONDUCT
You are responsible for all activity conducted through your use of the Services. You agree not to:
- Access unauthorized data, accounts, or systems
- Attempt to breach security or authentication measures
- Scrape, harvest, or extract data without written permission
- Upload malware or harmful code
- Infringe intellectual property or proprietary rights
- Impersonate any person or entity
- Engage in unlawful, abusive, or fraudulent conduct
Any violation may result in immediate suspension or termination.
5. USER CONTENT
Certain areas of the Services may allow you to submit content (“User Content”). By submitting User Content, you grant Harper & Stones a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from such content in connection with operating, promoting, and improving the Services.
You represent that you have all necessary rights to grant this license and waive any moral rights to the extent permitted by law. User Content is not confidential and may not be fully removable once published.
6. INTELLECTUAL PROPERTY; LIMITED LICENSE
All content on the Services, including designs, CADs, images, logos, text, graphics, and data, is owned by or licensed to Harper & Stones and protected by intellectual property laws.
You are granted a limited, revocable license to access and use the Services for personal, non-commercial purposes only. Any other use without our prior written consent is prohibited.
7. COPYRIGHT NOTICES
If you believe content on the Services infringes your copyright, please contact support@harperandstones.com with:
- Identification of the copyrighted work
- Location of the allegedly infringing material
- A statement of good-faith belief
- Your name and contact information
We reserve the right to remove content at our discretion.
8. ORDERS; PRICING; SHIPPING; INTERNATIONAL
Order Acceptance. Orders are accepted only upon confirmation. We may refuse or cancel any order at our discretion.
Pricing. Prices are subject to change without notice. We do not guarantee resale or appraisal value.
Shipping & Risk of Loss. Orders ship insured until marked delivered by the carrier. Liability ends upon delivery confirmation. Customers are responsible for securing deliveries and obtaining independent insurance.
International Orders. Customers are responsible for customs duties, taxes, and import fees. Delays or non-delivery due to customs are not our responsibility.
9. PRODUCTION TIMELINES; CUSTOM ORDERS; RETURNS
Estimated timelines are not guaranteed.
Custom & Made-to-Order Items are final sale, non-refundable, and non-cancellable once production begins. CAD designs remain our intellectual property.
Returns. Eligible non-custom items may be returned within 30 days in unworn condition, subject to our return instructions and inspection.
10. CUSTOMER-PROVIDED MATERIALS; WARRANTY; REPAIRS
We are not responsible for loss or damage to customer-provided stones or materials.
Settings created with customer-provided center stones are sold “as is” and excluded from warranty coverage.
Normal wear and tear is not considered a defect.
11. PROMOTIONS
Promotions apply only during stated periods and cannot be applied retroactively or combined unless expressly stated. We reserve the right to modify or discontinue promotions at any time.
12. THIRD-PARTY WEBSITES & TOOLS
The Services may link to third-party platforms. We are not responsible for their content, policies, or practices. Use at your own risk.
13. DISCLAIMERS
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HARPER & STONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARPER & STONES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
15. LIMITATION OF LIABILITY
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HARPER & STONES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. INDEMNIFICATION
You agree to indemnify and hold harmless Harper & Stones and its affiliates from any claims arising from your use of the Services, your User Content, or violation of these Terms.
17. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including supply chain disruptions, natural disasters, or government actions.
18. BINDING ARBITRATION OF ALL DISPUTES
All disputes arising from or relating to the Services shall be resolved exclusively through final and binding arbitration administered by JAMS, in accordance with its applicable rules, including mass arbitration procedures where applicable.
- Arbitration will take place in New York County, New York
- Claims under $10,000 may proceed on written submissions only
- No class or collective actions are permitted
- The arbitrator shall apply New York law and the Federal Arbitration Act
Judgment on the award may be entered in any court of competent jurisdiction.
19. TERMINATION
We may suspend or terminate access to the Services at any time for violations of these Terms or unlawful conduct. Upon termination, all rights granted herein immediately cease.
20. GENERAL
These Terms are governed by the laws of the State of New York. Any claims not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, NY.
If any provision is held unenforceable, the remaining provisions shall remain in effect.
21. GOVERNING LAW
These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.
