LACONIA WEBSITES TERMS & CONDITIONS OF USE
OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the web sites located at anticoelements.com and fauxstonedepot.com, and all associated sites linked to the foregoing sites by Laconia Resources, LLC d/b/a Antico Elements and Faux Stone Depot (“Laconia”), and its affiliates (collectively, the "Site"). The Site is the property of Laconia and its licensors. BY USING THE SITE, YOU UNCONDITIONALLY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Laconia reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Laconia grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Laconia, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Laconia’s express prior written consent.
You may use information on Laconia products (such as data sheets, instructions, and similar materials) purposely made available by Laconia for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
USE OF THE SITE
By accepting the Terms of Use through your use of the Site, you certify that you are 18 years of age or older. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO USE THE SITE.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available and may assist you in limiting access to harmful materials to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (https://getnetwise.org) and OnGuardOnline (https://onguardonline.gov).
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any
portion of the Site
- Use the Site or its Content for any unlawful purpose
- Express or imply that any statement you make is endorsed by Laconia or its affiliate companies
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret
or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you
are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information;
(ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct
that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is
otherwise objectionable or infringes Laconia’s or any third party’s intellectual property rights or other rights; (iii) is intended to
victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender,
race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written
authorization to do so
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully from the Site
- Transmit any software or other materials that contain any harmful or malicious code, including code that affects the Site, its
Content or any Account or user billing information.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site
- “Frame” or “mirror” any part of the Site without Laconia’s prior written authorization
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data
mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on Laconia’s infrastructure
- Use the Site for any reseller activities. Reseller activities include (1) purchasing products for the purpose of reselling those
products through any channel to downstream customers; (2) placing orders on behalf of other persons for commercial
purposes; and (3) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your
sale or another party’s sale of products (whether purchased from Laconia’s or another seller) through any channel to
downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction
project performed for another person does not constitute a reseller activity
ACCOUNT CREATION AND INFORMATION
You can make purchases through the Site without establishing an account. You will also have the option to create an account prior to purchasing any products or utilizing certain Site services, which will allow you to save items to your account and avail yourself to other Site features that we make available to account holders from time-to-time (each an “Account”).
To register for an Account you must create a username (which will be your email address), password, and add to your Account your billing method (e.g., credit card, debit card, Apple Pay, etc.), billing address, related billing information, and other Account information, as prompted by the Site (“Account Credentials”). If you choose to create Account Credentials, you agree that you will provide true, accurate, current, and complete Account Credentials and maintain and promptly update your Account Credentials to keep them true, accurate, current, and complete. You also represent and warrant that you have the legal right to use the payment method(s) you provide to us. Additionally, you acknowledge and agree that you are responsible for maintaining the confidentiality of your Account Credentials and are fully responsible for all interactions and activity when you, or any third party, access the Site using your Account or Account Credentials. You agree to (1) immediately notify Laconia of any unauthorized use of your Account or Account Credentials or any other breach of security and (2) ensure that you exit from your Account at the end of each session.
You may not use anyone else’s Account or Account Credentials at any time without the express permission and consent of the holder of that Account or Account Credentials. Laconia will not be liable for any loss or damage arising from your failure to comply with the obligations under this section. Additionally, you acknowledge that you may be subject to additional terms and conditions of the third parties providing your chosen payment method. Submitting inaccurate, incomplete, incorrect, or not current Account Credentials constitutes a breach of the Terms of Use.
PLACING YOUR ORDERS ON THE SITE
- By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or
services that you have requested.
- Laconia’s acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of
your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not
guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site,
including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that
information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any
applicable charges.
- Laconia reserves the right, at its sole discretion, to (1) limit the quantity of items purchased per person, per Account, per
household and per order and (2) refuse or cancel any order you place.
- All items purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such items and
products passes to you upon Laconia’s delivery of the items or products to the carrier.
-Your Account will provide you with a location to store your information and allow you to make a future purchase without
reentering information. You agree to pay all charges incurred by you and any users of your Account and your credit card (or other
applicable payment method) at the price(s) in effect when such charges are incurred.
- You will have the option to pay for your purchase by credit card, debit card, ACH transfer or via any Buy Now Pay Later (BNPL)
service that may be available for purchases on the Site.
- Building codes and local regulations change so you must always exercise reasonable caution, follow current codes and
regulations that may apply to your project, and are urged to consult with a licensed professional if in doubt about any procedures
for your project. Laconia assumes no liability for omissions, errors in connection with, or the outcome of, any project.
PRODUCT AND PRICING INFORMATION
While we use commercially reasonable efforts to fulfill all orders, Laconia cannot guarantee the availability of any product displayed through the Site. Laconia reserves the right to discontinue the sale of any product listed through the Site at any time without notice.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling, sales or use taxes, or other taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges, state and local sales or use taxes, or other taxes that may apply to your order. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy. Prices are subject to change without notice.
SAMPLES AND RETURNS
When you place your order, you will automatically be sent one (1) sample of the faux stone/brick panel product you ordered. NO ORDERS WILL BE PROCESSED UNTIL YOU HAVE RECEIVED AND REVIEWED YOUR SAMPLE, ACKNOWLEDGED YOUR ACCEPTANCE OF THE SAMPLE AND AUTHORIZED THE PROCESSING OF YOUR ORDER. After your sample has been shipped, you will be sent an email that will enable you to accept the sample and authorize the processing of your order.
Standard shipping costs for the sample in connection with your placed order will be paid by Laconia. If you wish to order samples without placing an order, you may order up to two samples free of charge and without standard shipping charges. If you order more than two samples, you will be responsible for paying the standard shipping costs for such samples and applicable sales or use tax, if any. If you wish to have expedited shipping of your samples (whether or not in connection with your order) you will be responsible for paying such expedited shipping costs.
ONCE YOU RECEIVE AND REVIEW YOUR SAMPLE, ACKNOWLEDGE YOUR ACCEPTANCE OF THE SAMPLE, AND AUTHORIZE THE PROCESSING OF YOUR ORDER, YOUR PURCHASE WILL BE CONSIDERED FINAL, AND YOUR PURCHASED ITEMS MAY NOT BE RETURNED.
PLANNING TOOLS
The Site may, from time-to-time, include or provide links to certain webpages, applications, or other digital tools that may be used to plan, develop, or design home improvement projects (collectively referred to as “Planning Tools”). Planning Tools are for personal, noncommercial use only. Depending on the Planning Tool, it may be operated by Laconia or its affiliates, or on behalf of Laconia or its affiliates by a third party.
Planning Tools operated by third parties may be subject to additional terms and conditions provided by that third party. When you use a Planning Tool, you acknowledge and agree that the Planning Tool is for illustrative purposes only and should not be deemed to constitute or be used as final plans, specifications, details, or designs for your project. Before starting a project or purchasing any products or materials, you should independently verify the accuracy, suitability, completeness, safety, and legal compliance of any plan developed using a Planning Tool and, where appropriate, consult with a qualified professional for additional perspective. Use of a Planning Tool should only serve as a basis for seeking further professional advice.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely for convenience to our visitors. Such Linked Sites are not under Laconia’s control, and Laconia is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites, or the operators of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
PRIVACY
Laconia’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Laconia’s Privacy Policy, click here [Note: Create hyperlink for “click here” once Privacy Policy is complete]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
DISCLAIMERS
LACONIA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LACONIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION, OR DESTRUCTIVE FEATURES. LACONIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LACONIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LACONIA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LACONIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Laconia reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Laconia be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Laconia has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Laconia is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Laconia’s liability shall in no event exceed the greater of (1) the total amount of your purchase for which your initial claim is made against Laconia, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold Laconia, its affiliates, and their respective officers, directors, shareholders, members, employees, agents and assigns from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (1) your online conduct and use of the Site; (2) your violation, breach or alleged breach of these Terms of Use; (3) your failure to comply with any applicable laws or regulations; (4) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person or entities, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (5) any of your dealings or transactions with other persons or entities resulting from use of the Site.
VIOLATION OF TERMS OF USE
You agree that Laconia may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site (or any portion thereof) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Laconia, for which monetary damages would be inadequate, and you consent to Laconia obtaining any injunctive or equitable relief that Laconia deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Laconia may have at law or in equity.
You agree that Laconia may, in its sole discretion and without prior notice, terminate your access to the Site for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Laconia does take any legal action against you as a result of your violation of these Terms of Use, Laconia will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Laconia. You agree that Laconia will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
USE OF INFORMATION
Laconia 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 Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Laconia’s rights or property, or the rights or property of visitors to or users of the Site, including Laconia’s customers. Laconia reserves the right at all times to disclose any information that Laconia deems necessary to comply with any applicable law, regulation, legal process or governmental request. Laconia also may disclose your information when Laconia determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Laconia may preserve any transmittal or communication by you with Laconia through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Laconia determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Laconia, its employees, users of or visitors to the Site, and the public.
GOVERNING LAW, DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Mecklenburg County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Laconia and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, the parties shall be free to pursue any right or remedy available under applicable law.
VOID WHERE PROHIBITED
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and limitation of liability exclusions above. Laconia has endeavored to comply with all legal requirements, known to it in creating and maintaining the Site, but it makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and if any of the provisions of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use.
MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and Laconia with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Laconia with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with Laconia, Laconia will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Laconia’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Laconia of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Laconia and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
FEEDBACK AND INFORMATION
Any feedback you provide at the Site shall be deemed to be non-confidential. Laconia shall be free to use such information on an unrestricted basis.