Website Terms of Use Agreement

Acceptance of The Terms of Use

Welcome to the website of Xiamen Eonyx Stone Factory Co., Ltd. (“Company”, “Eonyx Stone”, “our”, “we” or “us”). The following terms and conditions (together with any documents referred to herein) (“Terms of Use”) apply to your use of our website: www.eonyx.com, including any related web pages, content, functionality and services offered thereon (the “Website” or “Site”).
YOUR USE OF THE WEBSITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.

Privacy Policy

The Company’s Privacy Policy describes our privacy practices with regard to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Use. We encourage you to read the Privacy Policy.

Intellectual Property Rights and Restrictions

The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the “Content”) is the sole and exclusive intellectual and proprietary property of Eonyx Stone and is similarly protected by the laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, nationally and internationally. All Content is owned, controlled and/or licensed by Eonyx Stone, or by any other party designated as the owner or provider of any aspect of such Content as noted. Therefore, you must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website. No legal right, title or interest relating to any intellectual property owned, controlled and/or licensed by Eonyx Stone from any other third party as designated on the Website, shall be transferred to you or any other person as a result of your use of this Website.

Prohibited Uses

By accepting the within Terms of Use, You hereby agree to use the Website for lawful purposes only and You specifically agree not to use the Website for any of the following improper purposes:
• Use that in any way that violates any applicable federal, state, local and international law or regulation.
• To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website
• Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).
• Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, Trojan horses, worms, code, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).
• Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
• Any purpose that exceeds the scope of the limited license set forth above or otherwise is inconsistent with or violates any other provision(s) of these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Third-Party Services

The Site may contain functions that enable you to view information gathered from the websites of third parties, directories and servers (“Third-Party Websites”) that offer to sell corporate travel, event planning, leisure or other products and services, including but not limited to the product description, product price, schedules, availability, ratings, location and directions, weather forecasts, and other information. The third-party services available on the Site are provided as a convenience to you. We are not responsible for the content or quality of any Third-Party Websites, or the products and services or conduct of third parties. We have no control over, and we have no liability for, the products or services sold by any provider, or for the use of any payment card information you may give or direct us to give to any provider of products and services, including without limitation the legality, quality, safety, or suitability of any products or services. You are solely responsible for complying with all terms and conditions, disclaimers, and restrictions relating to the products and services you choose to purchase using the Site or any Third Party Websites, as well as with any other legal obligation, including without limitation obligations under copyright, secrecy, privacy, defamation, decency, security, and export laws. In no event shall we be liable to you or any third-party for any damage arising from or occasioned by the purchase or use of the products and services or other material acquired or accessed through the Site or other Third-Party Websites.

Product Information

Although we have made every effort to display as accurately as possible the colors, prices, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, prices, description of products, or other Content on this Website. Eonyx Stone reserves the right in its sole and absolute discretion, to correct any typographical mistakes, inaccuracies, errors or omissions. Additionally, the DISCLAIMER OF WARRANTIES set forth below is fully applicable.

Product Orders

You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions, are of legal age to enter into this agreement, and are bound by these terms and conditions.
You agree that your order is an offer to buy all products and services listed in your order. All orders must be accepted by Eonyx Stone or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices posted on this Website may be different than prices offered at Eonyx Stone retail locations. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may on occasion make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these terms and conditions, the promotion terms will govern.

Monitoring and Enforcement; Termination

We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Indemnification

You agree to hold harmless and indemnify Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any Messages that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

Disclaimer of Warranties

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. NEITHER EONYX STONE, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EONYX STONE AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR LAW, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR TRADE USAGE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF (AND ONLY IF) THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EONYX STONE OR ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF EONYX STONE OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF EONYX STONE AND ITS ASSOCIATED PERSONS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $100, IN THE AGGREGATE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Dispute Resolution

These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of China (without regard to conflict of law principles).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver and Severability

No waiver by Eonyx of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Eonyx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Eonyx Stone with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Contact Us

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us by the following method: E-mail us at: [email protected]. Or by post to:

Binhai Industrial District,
Shuitou Town, Quanzhou City,
Fujian, 362342, China