End User License Agreement and Terms of Service
READ THIS CONTRACT CAREFULLY. THIS IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND SERVICE PROVIDER. THIS AGREEMENT GOVERNS YOUR ACCESS
TO AND USE OF THE SERVICES (AS DEFINED BELOW). YOUR USE OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF
THIS AGREEMENT. IF YOU OBJECT TO ANY PART OR PORTION HEREOF DO NOT USE THE SERVICES.
By accessing or using this website you are agreeing to the END USER LICENSE AGREEMENT & TERMS OF SERVICE
(“TOS”, “EULA”, or “Agreement”) set forth herein. This website, https://www.ckstonellc.com/, and all of its constituent pages
as added and amended from time to time; all content on said website and any constituent page; all URL’s associated with or
which lead to said website; all associated applications on any platform (including without limitation Android and IOS); all
trade dress and monikers on said website; all intellectual property contained anywhere on said website (including without
limitation all trade secrets, trademarks, service marks, copyrights, and patents); the source and any other code; all design
elements and renditions; copies of any of the foregoing; and to the extent not heretofore listed all content set forth on each
and every page of the website, including without limitation all copy, marks, monikers, logos, trade dress, processes,
information, and intellectual property; are, collectively and individually, the sole and exclusive property of CK Stone, LLC
(“Service Provider”). You, the user, and any of your agents, representatives, assignees, employees, partners, designees, or
persons to whom you have given access to the Site and the Services (whether intentionally, knowingly, negligently, or
otherwise) may referred to as “user”, “User”, “You” or “Licensee”. This Agreement applies to all users.
1. Service Provider provides certain products and/or services (collectively “the Services”). Data, including without
limitation any images, are transmitted “AS IS” with no warranty, express or implied, including without limitation any
warranty as to clarity, accuracy, currency, or any implied warranty of fitness for a particular purpose or merchantability.
The Services include products and services listed on the website as well as the following: Masonary and tile services
Service Provider may at its own discretion add or remove any of the Services at any time without notice. The presence
of a product or service on the Site does not mean that it is currently available or will be available in the future.
2. Service Provider is not obligated to store data, pictures, photographs, designs, graphics, or information of any nature
whatsoever for or on behalf of User or any third party.
3. The Site includes https://www.ckstonellc.com/, all its constituent pages, all content on said websites and any
constituent page, all URLs associated with or which lead to said websites, all associated applications on any platform
(including without limitation Android and IOS), all trade dress and monikers on said websites, all of Service Provider’s
intellectual property contained anywhere on said websites (including without limitation all trademarks, service marks,
copyrights, and patents), the source and any other code, design elements, renditions, and copies of any of the
foregoing. The Site further includes all amendments, modifications, and changes of any nature whatsoever to the
foregoing.
4. Service Provider offers the Service in the versions and for the prices set forth on the website and incorporated herein
as if repeated verbatim.
5. User shall be solely responsible for and shall indemnify Service Provider and hold it harmless from, any costs,
including without limitation carrier rates and fees, associated with accessing the Site or using the Services from a
mobile device. If Service Provider offers a mobile application, it may have different functionality from that available on
the Site.
6. If applicable, one or more individuals may be designated as the administrator of an account (“Administrators”). Service
Provide may assign special or exclusive functionality to Administrators, including without limitation the right to add or
remove additional Users, restrict the access or use of non-Administrator Users, or prohibit non-Administrative Users
from purchasing goods or services or otherwise engaging in transactions on the Site. Any non-Administrator User
agrees to hold Service Provider harmless and indemnify it from any claim, loss, injury, damages, or cause of action
arising from such non-Administrator User’s restricted access to or use of the Site and the Services.
7. The Services may, but will not necessarily, be accessed via one or more third party accounts. You agree to abide by
the terms and conditions that govern such third-party account and to hold Service Provider harmless from any cause of
action, liability, loss, injury, or damage caused by or resulting from using such third-party provider or a violation of any
terms of service of such third-party provider.
8. Service Provider may but shall under no circumstances be required to make gift or promotional offers of the Services.
Any gift or promotional offers shall be pursuant to such additional terms and conditions as Service Provider may in its
discretion announce on the Site. Service Provider may terminate any gift or promotional offer at any time in its sole and
absolute discretion. In the event of a conflict between the terms and conditions associated with a gift or promotional
offer and this Agreement, the provisions of this Agreement shall control.
9. You are solely responsible for providing the equipment necessary to access and use the Site and the Services,
including without limitation any computer, drive, software, hardware, application, modem, and internet connection.
Service Provider shall not be responsible for any fees paid or accrued by you to access the internet. You agree to hold
Service Provider harmless from any damage to such equipment regardless of the cause of such damage. All
information, data, text, software, graphics, voice or sound files, photographs, videos, depictions, messages, emails,
chats, text messages, documents, and other such materials (“Content”) of Licensee or any third party used on or
transmitted by or through (i) the Site or (ii) the use of the Services shall be the sole and exclusive property of Licensee
or such third party as appropriate. Service Provider does not warrant or guaranty the accuracy, integrity, quality,
veracity, or appropriateness for any purpose of such Content, and shall be held harmless and indemnified by Licensee
for any damages caused by or arising out of the use, reliance on, or application of the Content, including without limitation damages caused by errors, omissions, inaccuracies, negligence, misrepresentations, or fraud. You shall not post on the Site, on your own behalf or on behalf of any third party, and shall not permit others to post on the Site, any
Content that, in whole or in part: (i) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, invasive of another’s privacy, or hate speech;(ii) misrepresents the actual identity of a person, or
misrepresents or falsely represents an affiliation with a person or entity; (iii) constitutes advertising, promotional
material, junk mail, spam, a chain letter, pyramid scheme, or an unauthorized solicitation; (iv) is infected by or contains
viruses, malware, spyware, worms, or any other code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer, software, hardware, program, or telecommunications equipment; (v) is likely to interfere
with or disrupt the Site or the Services, or any server or network connected thereto, or is inconsistent with any
requirements, policies, procedures, or requirements of networks connected to the Site or the Services; (vi) violates any
federal, state, or local law, statute, regulation, rule, code, or ordinance, or otherwise applicable laws regarding
transmission of technical data; or (vii) imposes an unreasonable or disproportionate workload on Service Provider, the
Site, or the Services. Service Provider shall not prescreen any Content but reserves the right to remove without notice
any Content that Service Provider deems, in its sole discretion, to constitute Prohibited Content as herein defined. You
acknowledge and specifically authorize Service Provider to change, alter, or modify the Content as necessary to
transmit it over one or more networks and to conform and adapt it, the Site, or the Services to any technical
requirements of connecting networks, devices, hardware, software, and the like. Service Provider may preserve and
disclose Content (i) when it is or reasonably determines that it is obligated to preserve and/or disclose Content
pursuant to any applicable international, treaty, federal, state, or local law, statute, code, rule, regulation, or ordinance;
(ii) to comply with any legal process; (iii) to enforce the terms of this Agreement; (iv) to respond to complaints or claims
that the Content violates any third party rights; (v) to protect any right or property of Service Provider; and (vi) to
protect the personal safety or property of any user of the Site or the Services. Service Provider does not warrant or
guarantee continued access to any Content transmitted to or stored on the Site or used in any manner on the Site or
as part of the provision of the Services, and this Agreement further expressly excludes any warranty that such Content
will not be lost, damaged, or destroyed. Service Provider shall not maintain a copy, in whole or in part, of any Content,
and further shall be held harmless in the event of a failure to store any Content. Service Provider assumes no
responsibility for, and shall be held harmless in the event of, any injury or damage to you arising out of the deletion or
failure of communications, addresses, or personalization settings. User will not use robots, bots, spiders, scrapers, or
other automated means to access the Site and shall not access audiovisual content except via streaming. User shall
further not attempt to interrupt or decipher transmissions to or from the servers running the Site or collect or harvest
personally identifiable information, including without limitation account names and payment information. Comments left
by users on the site shall conform to the content requirements set forth herein. User comments are not the statements
or representations of Service Provider and Service Provider assumes no liability for same. Service Provider may, but is
not required to, remove any user comment at any time in Service Provider’s sole and absolute discretion.
10. User shall not access the Site or use the Services, in whole or in part, for building a similar program or application or
performing or publishing benchmark or other tests relating to the Site and/or the Services. Nothing in this Agreement
shall be construed to grant a license of any Service Provider intellectual property right, either expressly, by estoppel,
implication, or otherwise.
11. Service Provider may (i) establish general practices and use limits concerning the Site and the Services, (ii) limit the
size of communications that may be transmitted through the Site and the Services, (iii) limit the amount of Content that
may be stored or processed by you on or through the Site, (iv) limit your access to the Site as may be necessary and
reasonable under the circumstances, (v) change or modify its general practices in its sole discretion and without notice
to you, (vi) change or modify the Site, these TOS, or the Services in its sole discretion and without notice to you, (vii)
quarantine prohibited Content; (viii) modify domain and user settings in its sole discretion and without notice to you
(including without limitation modifications designed to eliminate spam or bulk mail); and (ix) modify, suspend, or
discontinue the Site or the Services as necessary for routine maintenance, extraordinary repairs, or due to an attack by
hackers or other third party.
12. In the event of your breach of any term of this Agreement, Service Provider, in its sole discretion, may suspend or
terminate your account (including without limitation deactivation of your password), remove and discard the Content,
and delete any records concerning or associated with your use of the Site or the Services. You agree that you are not
entitled to any refund in the event of termination, and that you will indemnify Service Provider and hold it harmless
from any costs of any nature whatsoever caused by or attributable in whole or in part to such termination.
13. IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, THE PARTIES HEREBY VOLUNTARILY AND
KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY ON ANY ISSUE AND IN ANY CAUSE OF ACTION.
14. In the event of a dispute between the parties, resolution of same, whether by arbitration, litigation, or otherwise, shall
proceed solely on an individual basis. You hereby waive any right to assert any claim or cause of action on a class
action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims
may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any
preclusive effect as to issues or claims in any dispute with anyone who is not a named party.
15. The Site and Services are not intended for access or use by children under the age of 13 years. Service Provider
maintains a conspicuous Privacy Policy set forth below which is incorporated into this Agreement as if repeated
verbatim.
16. Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq.), this
Agreement is deemed executed on the date of and by your clicking to (i) accept these Terms of Service, (ii) create an
account, or (iii) submit any payment to Service Provider.
17. Prices for goods and services sold, exclusive of shipping and taxes, are as listed on the Site. Service Provider may
change pricing at any time in its sole discretion.
18. Payment for the Services or for any goods or products ordered through the Services or on the Site is due at the time of the placement of any order and must be made through the payment portal accessible on the Site. Service Provider is not obligated to accept any other form of payment. If payment is accepted by cash, check, or money order,
acceptance shall be subject to any additional conditions imposed by Service Provider in its sole discretion. All
payments shall be made in United States dollars unless otherwise denoted by Service Provider. Service Provider may,
in its sole discretion, refuse to contract with any user. An order placed on the Site constitutes an offer to purchase the
selected product(s) and service(s). Acceptance is in Service Provider’s sole discretion and may be communicated by
either (i) an email or other writing confirming placement of the order or (ii) substantial fulfillment of the order. No
contract between the parties shall be deemed created until the purchased goods are shipped and/or commencement
of the rendering of any service and such contract thereafter shall only apply to such shipped goods and/or services
performed. To the extent applicable at law or in equity, user waives any claim or action for breach of express or implied
contract (including without limitation quasi-contract actions). Orders are subject to availability of the product(s) and/or
service(s) as well as price confirmation. Prices are subject to change at any time. If a price set forth on the Site is
erroneous and such error is discovered after Licensee’s acceptance, Service Provider shall promptly notify the user,
the contract shall be deemed void, and unless the user opts to accept the goods and/or services at the correct price
Service Provider shall promptly issue a refund to user. You are responsible for all shipping, handling, and related
charges. Service Provider is not responsible for shipment delay or failure caused by a third-party shipper or force
majeure.
19. Placement of an order constitutes the acknowledgement and representation of the user that (i) it is over the age of
eighteen (18) and otherwise eligible to use the Site, (ii) it is authorized to use the credit card or other method of
payment through which payment is remitted, (iii) use of the payment method will not violate any agreement between
the User and the payment method provider, and (iv) there are sufficient funds in the account with the payment method
provider to remit payment in full to Service Provider. Credit cards may be debited immediately upon provision by user
of the required information. A declined or refused credit card shall be deemed a failure of consideration and shall
excuse any further action (or omission) by Service Provider. Service Provider is neither the agent nor the principal with
respect to any third party with which user may enter a contract, shall not be bound by any third-party contract, and
shall have no liability thereunder. Payments made using PayPal are subject to its terms and agreements which are
incorporated herein as if repeated verbatim. . If a payment method is denominated in a currency other than United
States Dollars, User shall be responsible for all conversion fees and related fees and shall hold Service Provider
harmless and indemnify it for same. User assumes the sole risk of loss with respect to all foreign currency transactions
and conversions. Service Provider shall be under no obligation to refund any payment once remitted.
20. You shall provide true, accurate, current, and complete information as prompted by the Site and shall update such
information from time to time as is necessary. The provision of false, inaccurate, or incomplete information or failure to
maintain current information shall be grounds for the immediate termination of this Agreement. You agree only you will
use any account created with your subscription and that you will not share any access information, including without
limitation your login or password, with any third party. You are solely responsible for maintaining the security of your
login and password and agree to indemnify Service Provider and hold it harmless for any loss, damage, claim, liability,
or cause of action occasioned using such login and password by any third parties. If you believe your account
information has been compromised, you are required to notify us immediately.
21. You may cancel at any time on days electronic notice sent to office@ckstonellc.com.
22. Service Provider reserves the right to verify the identity of any User at any time. Verification may be by validation using
third-party databases as well as government or other legal documents. You authorize Service Provider to make
inquiries reasonably necessary to confirm individual identity as well as the identities of any corporate-entity User.
23. User grants Service Provider an irrevocable, perpetual license to retain and use to the extent permitted by applicable
law (but without publication or distribution of individual data sets) server and archival copies of User’s content.
24. The Site, the Services, and any software, hardware, platform, server, code, or other materials used in connection with
the Site and the Services (collectively “the Proprietary Materials”), all of which are owned by Service Provider and/or its
affiliates, contain proprietary and confidential information not available to the public and protected by intellectual
property and trade secret laws, including without limitation the Uniform Trade Secrets Act as well as trademark and
copyright protections. Subject to your continued compliance with the terms of this Agreement, including without
limitation payment of all sums due hereunder, Service Provider hereby grants to you a non-exclusive, non-transferable,
limited license to use the Site and the Services on a computer. You shall not, by or through any representative, agent,
employee, director, officer, shareholder, partner, member, or third party, reverse engineer, reverse assemble, attempt
or purport to discover any source code; sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in or to the Proprietary Materials; copy, modify, rent, lease, loan, sell, distribute, or create derivative works of (or
based on) the Proprietary Materials, in whole or in part; or use modified versions of the Proprietary Materials, including
without limitation obtaining unauthorized access to the Site or the Services. You may access the Site only through the
interfaces provided by or through Service Provider.
25. Pursuant to the Defend Trade Secrets Act, 18 U.S.C. § 1832, a disclosure of information is immune from prosecution
or civil action if (i) it is made (A) in confidence to a Federal, State, or local government official or an attorney and (B)
solely for reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed
under seal in a lawsuit or other proceeding.
26. The parties acknowledge that any breach of (i) Service Provider’s rights in and to its Proprietary Property or (ii) the
intellectual property protection provisions of this Agreement are such that legal remedies alone would be insufficient to
protect Service Provider’s rights and interests. The parties further agree that in the event of a breach or potential
breach of the Service Provider’s Proprietary Property rights or any intellectual property protection section of this
Agreement, Service Provider may petition any court of competent jurisdiction for a restraining order, injunction, or such
other equitable remedy as it may deem appropriate, and Licensee expressly waives any defense to the inapplicability
or inappropriateness of such equitable remedies. Service Provider shall under no circumstances be required to post a bond, and user hereby waives any right to demand same. Nothing herein shall be deemed as a waiver or to preclude Service Provider from asserting any other claims it may have in law or equity.
27. Certain third parties may offer products and services through the Site. Service Provider does not employ, supervise,
direct, or control any such third party and is not a partner or joint venture of same. Service Provider does not and shall
not be required to obtain, record, or publish feedback or comments with respect to any third party. Each third party is
solely responsible for the products or services it offers, and Service Provider shall not be a party to any contract or
quasi-contract, whether oral, written, express, or implied, between User and such third-party. Service Provider makes
no warranty, guaranty, or representation concerning the availability, quality, fitness, safety, or suitability of or with
respect to any such product or service or of the person or entity that offers, provides, or sells such product or service
and expressly disclaims any such warranties, express or implied, including without limitation any implied warranties of
fitness for a particular purpose or merchantability. You agree to indemnify Service Provider and hold it harmless from
any loss, liability, damage, injury, or cause of action caused by or attributable to, in whole or in part, any negligent,
grossly negligent, reckless, intentional, or willful act or omission of such third-party product or service provider.
Service Provider does not warrant that the information, assistance, advice, or consultation provided by any third party
is accurate, beneficial, or will produce a desired result. Furthermore, Service Provider does not warrant or represent
that any third party is qualified to provide any specific information or advice. All such information, assistance, advice,
and consultation is provided “AS IS” and subject to the warranty disclaimers set forth below. Users agree to indemnify
Service Provider and hold it harmless from any claim, cause of action, injury, loss, or damage caused by or alleged to
be caused by the information, recommendations, counsel, or advice provided by any Third party.
28. User hereby waives the protections of California Civil Code § 1542 and any analogous provision of law in any other
jurisdiction that says in the following or in similar language: “A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by
him or her must have materially affected his or her settlement with the debtor.”
29. User may, but is not obligated to, grant Service Provider, its agents, contractors, and or/employees, access to User’s
computer, hardware, software, and files for Service Provider to render the Services. User hereby agrees that Service
Provider shall not be responsible or liable for any damages, data loss, data breach, or other property (or other) injury
of any nature whatsoever arising from, in whole or in part, Service Provider’s remote access and indemnifies and holds
Service Provider, its owners, shareholders, members, partners, directors, officers, agents, employees, and contractors,
harmless from all damage associated with the implementation and use of remote access.
30. USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE AND THE
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ACCURACY, TITLE, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVICE
PROVIDER MAKES NO WARRANTY THAT (i) ANY INFORMATION OR ADVICE OBTAINED FROM THE USE OF
THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY SERVICES OR
INFORMATION OBTAINED FROM USE OF THE SITE OR THE SERVICES WILL MEET LICENSEE’S
EXPECTATIONS, AND (iii) ANY ERRORS THAT IMPAIR THE FUNCTIONALITY OF THE SITE OR THE SERVICES
WILL BE REPAIRED. LICENSEE ASSUMES ALL RISK OF LOSS FROM DAMAGE TO ITS COMPUTERS,
SOFTWARE, HARDWARE, DRIVES, CODE, DATA, INFORMATION, CONTENT, INTELLECTUAL PROPERTY, AND
OTHER PROPERTY OF ANY NATURE WHATSOEVER CAUSED IN ANY MANNER OR BY ANY METHOD FROM
MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT USING THE SITE.
YOU ASSUMES ALL RISK OF LOSS CAUSED BY VIRUSES, MALWARE, WORMS, OR OTHER PROGRAMS OR
MATERIALS TRANSMITTED BY OR THROUGH THE SITE.
31. SERVICE PROVIDER OFFERS THE FOLLOWING WARRANTIES ON MERCHANDISE SOLD ON THE SITE:
Warranty Length: 12 commencing on the date the order is placed on the Site.
Warranty Terms: One year warranty on all work completed. This warranty shall be narrowly construed and
confined only to the express terms set forth herein. ALL OTHER WARRANTIES, REPRESENTATIONS,
GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
32. Any warranty disclaimers in this Agreement do not apply to the extent that they are otherwise void or disallowed
pursuant to the law of a jurisdiction whose laws apply to the interpretation or enforcement hereof, but nothing herein
shall alter or change any choice of law provisions set forth in this contract. Any limitations imposed by such jurisdiction
on warranty disclaimers are incorporated herein by reference to the limited extent required by law without waiving or
amending any choice of law provision set forth in this contract.
33. You acknowledge that Service Provider may collect personally identifiable, confidential, proprietary, trade secret,
intellectual property, business, financial, and similar information of Licensee (“Licensee Proprietary Information”).
Except as set forth elsewhere in this Agreement, Service Provider shall not knowingly sell, rent, lease, transfer, or
disclose any Licensee Proprietary Information unless (i) you consent to such sale, lease, transfer, or disclosure; (ii)
sale, lease, transfer, or disclosure by Service Provider is necessary to the provision of the Services; or (iii) as
necessary due to your breach of this Agreement. Service Provider may change the provisions of this section as it
deems necessary in its sole discretion and shall provide notice by posting on the Site.
34. In no event shall Service Provider be liable to you for any incidental, indirect, special, consequential, or punitive
damages, regardless of the nature of the claim or liabilities to third parties arising from any source, even if a party to
this Agreement has been advised of the possibility of damages.
35. You agree that any notices, contracts, or other communications from Service Provider may be provided by electronic
instead of paper means. You further represent that (i) you have read and understood this consent and (ii) you have the hardware and software necessary to receive electronic notices. This consent will remain in effect until withdrawn by you by contacting Service Provider. At the time of withdrawal of consent, your right to access the Site and use the
Services will be terminated effective immediately. You agree to give us a reasonable time to comply with the
withdrawal of consent and to continue to receive electronic notifications during such period.
36. Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or of the
right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision.
The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable
by a court of competent jurisdiction, the remaining parts and portion shall remain in full force and effect. This
Agreement represents the entire understanding by and between the parties and supersedes any other representations,
promises, or statements not wholly consistent herewith. This Agreement may only be modified by a writing signed by
both parties. The parties acknowledge the receipt and sufficiency of the consideration set forth in this Agreement. This
Agreement shall be construed pursuant to the laws of Colorado without regard to its conflict of law provisions. Any
lawsuit brought to interpret or enforce the terms of this Agreement shall be filed in the appropriate state or federal court
with jurisdiction and venue over Glenwood Springs. The parties hereby waive any defense of improper venue, lack of
personal jurisdiction, or forum non conveniens. You warrant that you read the foregoing Agreement, understand, and
acknowledge each of its provisions, have the authority to execute this Agreement on your own behalf as well as on
behalf of any entity or third-party signatory, and agree on your behalf and on behalf of any entity or third-party
signatory to be bound by the terms and conditions herein. Service Provider shall be entitled to recoup from you its
costs, including without limitation its reasonable attorneys’ fees, in bringing or defending any lawsuit or other
proceedings that concern in whole or in part the enforcement and/or interpretation of this Agreement. Service Provider
shall not be liable if the performance of any obligation of Service Provider hereunder is rendered impossible by any
circumstance beyond its control and not created by its own act or omission, including flood, fire, and other natural
disasters, war, riot or social unrest, work stoppage, act of terrorism, and Acts of God. Service Provider shall resume
performance pursuant to the provisions of this Agreement upon the abatement of the force majeure. Any notice
required to be given to Licensee may be made, in Service Provider’s sole discretion, by posting same conspicuously
on the Site or by email to any email address provided by you. Notice to Service Provider shall be by email to
office@ckstonellc.com.