Last Updated: July 1, 2021
- SITE ACCESS
Crystal Cantina grants you a limited non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to access the Site, view information on those areas of the Site generally available to all users, and upon registration, make purchases from the Site.
- REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you open an account to make purchases or enhance your use of the Site, you must: (x) complete the registration process by providing true, accurate and complete information requested on the registration form (“Registration Data”); (y) maintain the accuracy of the Registration Data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time. You are responsible for all electronic communications, including account registration and other account holder information, email, financial and other content (“Electronic Communications”) entered through or under your user name and password. Crystal Cantina will act as though any Electronic Communications it receives under your user name and password will have been authorized by you. You agree to notify Crystal Cantina immediately of any unauthorized use of your account, user name, or password.
- ADDITIONAL TERMS
- PRODUCT DESCRIPTIONS; KNOWLEDGE BASE ARTICLES
Crystal Cantina attempts to keep the Site Content as accurate as possible. However, Crystal Cantina does not warrant that product descriptions or other Content is accurate, complete, reliable, current, or error-free. If a product offered by Crystal Cantina itself is not as described, your sole remedy is to return it in unused condition as set forth in Section 7 below. Crystal Cantina may make changes to any products or services offered on the Site at any time, without notice.
You may use information on Crystal Cantina’s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Crystal Cantina 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.
- PRICING; TAXES
Prices are subject to change without notice. All orders will be billed at prevailing prices in U.S. dollars, including any international orders. All prices are exclusive of taxes, customs, duties and any and all current or future tax or governmental charge (including sales tax) unless otherwise specified by us in writing. Prices do not include any present or future state or local sales taxes unless specifically stated. It is your responsibility to bear all such taxes. Taxes where applicable may be added to the price shown and you are responsible for paying such taxes unless you furnish us with a tax exemption certificate in a form agreeable to the respective authority. Upon request, we will quote current prices before accepting your order.
- ORDERS; PAYMENT PLANS, PAYMENT TERMS; INTEREST
All orders placed through the Site are subject to Crystal Cantina’s acceptance. All payment plans consist of a deposit with partial payment(s) and should be paid within the time period and along with any additional terms agreed to (“terms”). Deposits and partial payments are non-refundable and will be forfeited if payment is not made according to terms. All extensions and modifications to payment plans are at the sole discretion of Crystal Cantina. All credit is subject to approval by our credit department. If not paid by credit card, unless otherwise noted, the terms of sale are net 30 days from the date of invoice. However, we reserve the right to require full or partial payment in advance of shipment or demand other assurance of performance where we determine in our sole discretion that your credit or financial condition has become unsatisfactory. Payment for product orders will be accepted via certain payment methods accepted by our third party payment processing service. Your order is subject to cancellation by Crystal Cantina at Crystal Cantina’s sole discretion. All amounts due are payable in U.S. dollars, including any international orders. Any amount not paid when due will be subject to a service charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees) incurred by Crystal Cantina in collecting past due amounts from you. We may apply payments to outstanding invoices.
- RETURNS AND REFUNDS
All returns are at the sole discretion of Crystal Cantina. A 24 hour "inspection time period" is allowed. Any item that is not as described can be returned unused, in the same condition as shipped, with its original packaging, using the same shipping method to Crystal Cantina within 24 hours of receipt (“inspection time period”). Please contact Crystal Cantina within the inspection time period to obtain written authorization and shipping instructions. Any return may be subject to a restocking fee as set by Crystal Cantina from time to time. You are responsible for all items permitted for return until such items are received at our facility designated for such returns, inspected and accepted. Refunds issued are in the form of credit. Credits have no cash value and cannot be transferred.
- SHIPPING; RISK OF LOSS; TITLE
All shipping dates are approximate and not guaranteed, and Crystal Cantina shall not be liable for any delays in shipment. All orders are F.O.B. shipping point except where it is specifically stated that they are freight allowed. The point of origin of shipment, the method of transportation, and the routing of shipments are at the option of Crystal Cantina. Some items are not stocked, and may be subject to additional freight charges. If expedited shipping is requested, there may be certain cutoff times that must be met. If not met, expedited shipping may not be available. All items purchased from Crystal Cantina are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier at our facility.
- USE RESTRICTIONS
Crystal Cantina imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site
(ii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Crystal Cantina’s systems or networks, or any systems or networks connected to the Site or to Crystal Cantina;
(iii) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Crystal Cantina server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
(iv) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Crystal Cantina reserves the right to bar any such activity;
(v) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Crystal Cantina, including any Crystal Cantina account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
(vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Crystal Cantina on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and
(vii) use the Site or any Content for any purpose that is unlawful or not permitted by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Crystal Cantina or others.
Crystal Cantina reserves the right to investigate suspected violations of these Terms. If Crystal Cantina becomes aware of a possible violation, Crystal Cantina may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If Crystal Cantina believes, in its sole discretion, that a violation of these Terms has occurred it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site. Crystal Cantina, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. Crystal Cantina reserves the right to release the contact information of users involved in violations to law enforcement and, if the violations involve system security, to system administrators at other sites in order to assist them in resolving security incidents. Crystal Cantina intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Crystal Cantina, for which monetary damages would be inadequate, and you consent to Crystal Cantina obtaining any injunctive or equitable relief that Crystal Cantina deems necessary or appropriate in such circumstances, without the necessity of posting a bond, in any court of competent jurisdiction. These remedies are in addition to any other remedies Crystal Cantina may have at law or in equity. If Crystal Cantina does take any legal action against you as a result of your violation of these Terms, Crystal Cantina 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 Crystal Cantina. You agree that Crystal Cantina 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.
Any feedback you provide on this Site is deemed to be non-confidential. Crystal Cantina is free to use such information on an unrestricted basis.
- THIRD PARTY SERVICES AND SITES
The Site may provide links to other web sites or resources. Your business dealings with any third party, third party web site or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Crystal Cantina makes no endorsement or guarantee about the content, goods or services provided by such Third Party. Crystal Cantina shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of products or services performed by any such third party or any other legal liability arising out of or related to the third-party products or performance of such services. In the event that you have a dispute with any such third party, you release Crystal Cantina, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, as between you and Crystal Cantina, these Terms govern your use of any and all third party content.
Crystal Cantina may at any time in its sole discretion terminate your access to and use of the Site, or any part thereof, with or without notice and without any liability to you or any third party. Crystal Cantina may also delete accounts that are inactive for an extended period of time. You agree that upon termination Crystal Cantina may delete all files and information related to your account, if any, and may bar your access to your account, if any, and the Site. Crystal Cantina shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Site.
Crystal Cantina may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Site and/or any products and/or services featured on the Site; and (iii) discontinue the Site or any of its constituent parts, including without limitation, any products and/or services featured on the Site, at any time. Crystal Cantina shall post any revision to these Terms, the products and/or services, and the revisions shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revisions. If you do not agree to any of such changes, you may terminate these Terms and immediately cease all access and use of the Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms, the products and/or services.
- PROPRIETARY RIGHTS
All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork, computer code and any derivatives thereof (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 Crystal Cantina, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be used except as permitted in these Terms or with the prior written permission of Crystal Cantina. All rights not expressly granted hereunder are reserved by Crystal Cantina, or its licensors. Crystal Cantina, or its licensors, retains full and complete title to the Content. You shall not: (i) use or copy the Content in any manner not specifically set forth herein; (ii) have any claim of ownership in the Content; or (iii) post, sell, redistribute, transfer, or sublicense the Content, nor may you decompile, reverse-engineer or disassemble the Content. These Terms do not limit any rights that Crystal Cantina or its licensors may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any sponsor advertisements or information that may have been presented to you through the Site or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- MINERAL PHOTOGRAPHS and .JPG's All Photographs are Copyrighted. In the event you are granted personal use of a photo or .jpg of a mineral(s) you purchased, no changes of any kind including cropping is permitted. All rights, permission and ownership remain property of Crystal Cantina LLC. Other changes, transfers, sale and commercial use of the photo or .jpg is strictly prohibited and is at the sole discretion and written permission of Crystal Cantina LLC.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE PRODUCTS AVAILABLE THEREIN ARE AT YOUR SOLE RISK, EXCPET FOR ANY PRODUCT WARRANTIES PROVIDED TO YOU FOR PRODUCTS YOU PURCHASE FROM THE SITE. EXCPET FOR SUCH PRODUCT WARRANTIES, THE SITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) MAKE NO AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT, SERVICE OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE FIXED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CRYSTAL CANTINA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUIDNG LOST PROFITS, EVEN IF CRYSTAL CANTINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, CRYSTAL CANTINA 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, PRODUCT OR SERVICE, CRYSTAL CANTINA’s LIABILTY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE PRODUCT OR SERVICE PRICE PAID ON THE ORDER THAT WAS PAID TO CRYSTAL CANTINA, OR (2) US$100.00. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED CRYSTAL CANTINA TO ENTER INTO THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, CRYSTAL CANTINA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Crystal Cantina, its parent, subsidiaries, affiliates, directors, officers, employees, successors, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising out of or in connection with your use of the Site or any products or services obtained through the Site. This indemnification obligation survives the termination of your account, your access to the Site and/or these Terms.
- GENERAL INFORMATION
These Terms and any documents referenced herein (including any agreements you may enter into with Crystal Cantina for the purchase of products or services) constitute the entire agreement between you and Crystal Cantina and govern your use of the Site (and any purchase of products and services through the Site). Any prior agreements between you and Crystal Cantina (including, but not limited to, any prior versions of these Terms) are superseded with respect to the subject matter in these Terms. You also may be subject to additional terms and conditions that may apply (a) to the specific products you purchase through Crystal Cantina as contained in the product manuals and documentation provided with such products, and (b) when you use affiliate or other Crystal Cantina services or products, third-party content or third-party products and services. In the event any term contained in these Terms conflicts with any other term contained in any other agreement referenced in these Terms, the terms of this agreement shall control unless the parties have both signed a separate written agreement, in which case the conflict will be governed by the signed agreement. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Crystal Cantina.
Other than as provided in a signed purchase agreement you enter into with Crystal Cantina, Crystal Cantina will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Crystal Cantina’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Crystal Cantina of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Crystal Cantina and you or any other party be deemed to modify any provision of these Terms. If any of the provisions of these Terms are 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, so that these Terms remain in full force and effect. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties
Consent to Email Communications
You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the 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.
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 California without regard to its conflicts of law provisions. In the event of any controversy or dispute between Crystal Cantina and you arising out of or in connection with your use of the Site or any product or service purchased through 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, then the parties shall be free to pursue any right or remedy available to them under applicable law and you agree to the personal jurisdiction of and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to its reasonable costs and attorneys’ fees.
Void Where Prohibited
Crystal Cantina administers and operates the Site from its location in Los Angeles, California USA; other Crystal Cantina sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Crystal Cantina provides access to Crystal Cantina international data and, therefore, may contain references or cross references to Crystal Cantina products, programs and services that are not announced in your area or country. Such reference does not imply that Crystal Cantina in your country or area intends to announce such products, programs or services. Crystal Cantina reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Sections 6, and 10 through 20 of these Terms, as well as any payment obligations to Crystal Cantina, shall survive any termination of your account, your access to the Site, or these Terms.
The information contained in this web site is subject to change without notice.
Copyright © 2021 Crystal Cantina LLC. “Crystal Cantina”. All rights reserved.
Crystal Cantina, 2240 Yates Ave, Commerce, CA 90040, USA.