Welcome to the Stine website. By using the www.stinehome.com website we operate, you are agreeing to abide by the Terms and Conditions below. So please take a minute to see what you are agreeing to.
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY. THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE ABINDING CONTRACT BETWEEN STINE, LLC (“Stine” or “we”) AND YOU (“you”). IF YOU VISIT, USE, OR SHOP AT THE WEBSITE OPERATED BY STINE, LLC, YOU ACCEPT THESE TERMS.
1. MINIMUM AGE REQUIREMENT
The Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.
2. PRIVACY POLICY
Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you inconnection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Contentor activities relating to the Site. You acknowledge that Stine may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Stine, Site users, and the public.
3. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We are not unerring, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Stine shall have the right to refuse or cancel any orders. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
4. RISK OF LOSS
All items purchased from Stine site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
5. ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with Stine site. You agree that allpostings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
6. NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms,Stine will give you any notices by posting them on the Site, and you agree that such posting will constitute effective notice. You authorize Stine to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Stine decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Stine to the address that you have most recently provided will constitute effective notice. Stine’s address for Legal Notices is:
Stine, LLC
1509 S. Huntington Street
Sulphur, LA 70663
7. MODIFICATIONS TO TERMS AND SITE
You agree that from time to time we may, a tour sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.
8. POSTING CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing (“posting”) any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images,likenesses, personal information and other works of authorship (collectively,“Content”), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Stine the rights in your Content described herein and for us to exercise therights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively,you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual underthe age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Stine described herein; and (c) your Content is not defamatory innature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
9. OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You hereby grant to Stine a permanent,worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce,modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Contentunder the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to Stine.
10. PROHIBITED CONDUCT
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue,misleading, harmful, threatening, abusive, harassing, tortious, defamatory,vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b)infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright,right of publicity, or other proprietary rights of any party, including,without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code,files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, nationalor international law, regulation, or statute (including export laws). You agree not to do, or attempt to do, any of the following, subject to applicable law:(a) alter information on or obtained from the Site; (b) tamper with postings,registration information, profiles, submissions or Content of other users; (c)use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information,such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Stine; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or performance, or send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient.
11. MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT STINE DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITE IS AT YOUR OWN RISK. Not withstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Stine. Stine neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this site by anyone other than authorized Stine employees acting in their official capacities.
12. PROTECTION OF SITE CONTENT
Our Site is protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Site, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection,arrangement, and assembly of such content, is the exclusive property of Stine or its content suppliers. All software used on the Site is the property of Stine or its software suppliers.
13. TERMINATION OR CANCELLATION
You agree that we may, at any time and at oursole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. You will still be liable for any breaches of these Termsand/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to theTerms then posted on the Site. Stine may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on the Site.
The provisions entitled “Posting Content onthe Site; Representations and Warranties,” “Ownership of Rights; LicenseRights,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages;Limitation of Liability,” and “Additional Terms” and the Privacy Policy willsurvive termination of these Terms.
14. DEALINGS WITH MERCHANTS; LINKS
This site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Stine is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Stine’s Privacy Policy is applicable only when you are on our Site. Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Stine and agree to hold Stine harmless from any loss or damage of any kind incurred as the result of any such dealings or as the resultof the presence of such merchants or advertisers on the Site.
15. INDEMNIFICATION
As a condition of your access to and use of the Site, you agree to hold Stine, and its subsidiaries, affiliates, officers,directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, alldamages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or relatedto: (i) your access to and use of the Site and the content therein; (ii) yourviolation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with oneor more users of the Site; (iv) Stine’s resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for Stine to collect, use or disclose any data or Contentprovided by you; and (vi) any disclosures made with your permission (including,without limitation, your consent that Stine disclose your personal informationand other information collected as set forth in our Privacy Policy).Furthermore, you fully understand and agree that: (a) Stine will have the right but not the obligation to resolve disputes between users relating to the Site and Stine’s resolution of a particular dispute does not a create an obligationto resolve any other dispute; and (b) Stine’s resolution of a dispute will befinal with respect to the Site.
16. DISCLAIMER OF WARRANTIES
THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM STINE, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK.THE SITE IS PROVIDED BY STINE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STINE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. STINE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STINE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS,WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON- INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE,USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTEDBY LAW, YOU AGREE THAT NEITHER STINE, NOR ITS SUBSIDIARIES, AFFILIATES,OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OFTHEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHERPERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL ORCONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OFPRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF STINE AND ITS SUBSIDIARIES,AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THEAMOUNTS PAID BY YOU TO US.
17. ADDITIONAL TERMS
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. b. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer,assign or delegate them to anyone without the express written permission of Stine. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Stine will be null and void. Stine shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission. c. Jurisdiction; Choice of Law; Export Limitations. The Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site inviolation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation,contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Louisiana, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Stine agree to submit to the personal and exclusive jurisdiction of the courts located within Calcasieu Parish, Louisiana. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Calcasieu Parish, Louisiana. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Louisiana or federal law. d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred. e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. f. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the “Entire Agreement”) between you and Stine with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. g. No Waiver. The failure of Stine to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Stine’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
18. MOBILE MESSAGING TERMS AND CONDITIONS
Last updated: August 7, 2024 Stine, LLC (“Stine”), we operate a mobile messaging program subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy https://www.stinehome.com/customer-service/privacy-security/privacy-policy.html. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy. 1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed 1 message per day]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes, except in connection with marketing purposes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts. 2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at https://www.stinehome.com/contact-us. Your participation in the Program does not require that you make any purchase from us and your participation in the Program is completely voluntary. 3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed. 4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program. 5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s InternetProtection Act: Report on the Effectiveness of Internet Protection Measures andSafety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED STINE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY STINE TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE STINE PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY STINE, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THETRANSMISSION TO STINE COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The trademark “Stine” and all other trademarks used in the Site are owned or used under license by Stine and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © STINE, LLC.U.S.A. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied,distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.