Terms of Use

Website Terms of Use

 

Acceptance of the Terms of Use

Welcome to the website of Keystone Advisory Group, LLC. The following terms and conditions (collectively, these “Terms of Use) govern your access to and use of the Keystone Advisory Group website (the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a registered user. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Site. Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.blend11.com incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. All references to “Keystone,” “we,” “our,” and “us” in these Terms of Use refer to Keystone Advisory Group, LLC.

 

This Site is offered and available to users who are eighteen (18) years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Keystone and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. We make no claims that the Site or any of its content is accessible, available, or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you check this page periodically so you are aware of any changes, as they are binding on you.

Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at info@deviceshelf.com or by using the unsubscribe functions at the bottom of our communications.

Termination

You may terminate these Terms of Use at any time by discontinuing your use of the Site at any time. You do not need to specifically inform Keystone when you stop using the Site. You agree that Keystone shall decide, in its discretion, if your conduct violates any aspect of these Terms of Use and that Keystone may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or any Keystone products or services. You alone are responsible for the consequences of any of your activities.

Accessing the Site and Account Security

We reserve the right to discontinue, revise or amend this Site, and any service or material we provide on the Site, in our sole discretion and without notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for:

 

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them.

 

To access the Site, some of the resources the Site offers, or to purchase products, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site is governed by our Privacy Policy, www.blend11.com, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Keystone owns the copyright for all of the materials and content it places on the Site or has a valid right from a third party to use such materials and content. Keystone also owns or has a valid right to use features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), all trademarks, service marks, and trade names it places on this Site. You agree to limit your use of these materials to personal, non-commercial use only, and you agree to keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Keystone’s rights. Your use of the trademarks, service marks and trade names on this Site in any manner other than as authorized in these Terms of Use, or as authorized in writing by Keystone, is strictly prohibited.

 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Introduce or transmit any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
  • Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose or attempt to decompile or reverse engineer any software contained on the Site;
  • Remove any copyright, trademark, or other proprietary rights notices from the materials or contained in or on the Site or transfer the materials to another person or “mirror” the materials on any other computer or server; or
  • Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.


Links from the Website

Keystone may provide links to various other websites and resources that may be of interest to you and for your convenience only. Keystone has not reviewed all of these websites and is not responsible for the contents, accuracy or reliability of any information contained within the websites. The inclusion of any link on our Site does not imply any endorsement by Keystone of the websites. Use of any such linked website is at your own risk. Please read the terms of use policies of each website that you may link to from our Site. The Terms of Use stated in this policy apply only to this Site and the products and services we offer. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. Keystone reserves the right to remove any link or linking program from this Site, at any time, without notice to you.

 

Orders; Shipping; Return & Exchange Policy

Keystone reserves the right to refuse any order placed with us, for any reason, with or without notice to you. We may also limit quantities available per person, per household, or per order, including by cancelling or modifying an order that has already been submitted. Keystone may enforce any such limitations by cross-referencing customer accounts, credit card numbers, and/or billing or shipping addresses. Products may be purchased for personal use only and may not be purchased for resale. Keystone reserves the right to limit or prohibit orders that, in its sole judgment and discretion, appear to be placed by dealers, resellers, and/or distributors.

 

Terms of payment are within Keystone’s sole discretion, and unless otherwise agreed to by Keystone, payment must be received by Keystone prior to our acceptance of an order. Please allow 2 business days for order processing and verification, and an additional 3-4 business days for delivery. We are not responsible for any lost, stolen, or damaged shipments. You assume all liabilities related to shipped orders. Keystone ships orders in accordance with the specific shipping details listed on the product page for each item. Keystone typically allows 20 business days to return merchandise purchased on this Site. However, you should review each item’s specific return policy as return policies may vary from item to item.

 

Infringement Claims

Infringement Notification Procedure - If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

 

Counternotice - If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to info@deviceshelf.com:

 

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counternotice is received by Keystone, Keystone may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Keystone’s sole discretion.

 

Disclaimer of Warranties

Some of the products sold by Keystone on this Site are subject to manufacturer warranties. Where that is the case, such information is provided and you understand and agree that Keystone shall have no responsibility or liability in connection with such manufacturers warranties. Without limiting the foregoing, you further agree that the materials provided by Keystone on this Site (including any graphics, software, recommendations or other materials) and any materials made available through this Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Keystone disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Keystone does not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Keystone undertakes no obligation to verify or maintain the currency of such information.

 

Limitation of Liability

Under no circumstances shall Keystone be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Site or any materials in this Site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Site or information available in the Site. Keystone shall not be liable even if Keystone or a Keystone authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component. KEYSTONE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitations

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Keystone’s total liability to you for damages, losses, and causes of action (whether in contract, or tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Indemnification

You agree to defend, indemnify and hold harmless Keystone, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) or use of the Site will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) or the Site will be brought exclusively in a court of competent jurisdiction located in New York, and you hereby accept and submit to the personal jurisdiction of such New York courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.


Waiver and Severability

No waiver by Keystone 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 Keystone 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

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Keystone with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.