Terms and Conditions
Welcome to Elephant Stock!
The following terms and conditions govern all use of the Elephant Stock's website – www.elephantstock.com (the "Website"). The Website and all content and services available on the Website shall be referred to together as the "Service". Our registered office is located at: PO Box 835987, Richardson, Texas 75083.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms you may not use the Service.
Please read these Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Service.
The Company reserves the right to modify these Terms at any time and modified terms are in effect upon posting to this Website. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features including the release of new tools and products. Such new features and/or services and/or products shall be subject to these Terms.
If you are not eligible by law of your residency to contract with us with regard to the use of this Website or any of its parts or features, please do not use the Website. If we found out that you are not eligible, as mentioned, we may prevent your use of the Website and Service.
We reserve the right to redesign the Website, add features, detract from or alter the Website and make any changes in its features at our discretion without prior notice.
Setup of Your User Account
In order to allow You to create an account on the Website we may request You to provide certain information such as your name, email, password and optionally additional information. You must provide complete, current and accurate information about yourself as requested, and keep that information up to date.
- You are responsible for keeping the access information to your account confidential and You agree to be responsible for any activity and actions taken under your account. You will immediately notify us of any unauthorized use of your account.
- Please note that a person may not register more than one account. We reserve the right to suspend or terminate any account which we reasonably suspect of infringing this requirement.
- You may not register an account if you are under 18 years of age. By registering an account, You represent to us that you are at least 18 years old.
Making Purchases on the Website and Purchase Terms
If you wish to use the Website and receive the Service, we will ask you to provide us with certain information applicable to your purchase, including, without limitation, delivery address, payment method, payment details and other information. All information that you provide us or our third party service providers must be full, accurate, up to date and complete.
- You hereby warrant that You have the legal right to use the payment method used to complete your purchase and agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order and without doing so your order will be declined.
- The products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order.
- Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you and without any prior notification).
- We make reasonable efforts to display descriptions, images, references, features, content, specifications, products, prices and availability of any products or services as accurately as possible, but please note that those are subject to change without notice. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- Please note, the inclusion of any products or services at a particular time does not imply or warrant that these products or services will be available at any time.
- It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any products purchased. By placing an order, you represent that the products ordered will be used only in a lawful manner and in accordance with these Terms.
- We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s) for any reason whatsoever; and/or to refuse to provide any user with any product or service.
All intellectual property rights relating to the Website, including its content, title, user interfaces, presentations, assays, analysis, evaluations, platforms, music, videos, images, digital files, logos, artwork, marks, selection, arrangement, and graphic design (the "Content") and placement of the Content, are ours or belong to the entities which gave us permission to use them (by license or otherwise) and are protected by various intellectual property rights laws. You hereby agree not to reproduce, distribute, copy, change, interfere, decompile, duplicate, transfer, assign, sell, imbed, record, broadcast, transmit, post, publicly display, the Website and its Content. Nevertheless, you may view and/or print pages from the Website for your own personal use subject to restrictions set in these Terms.
Copyright and Trademark
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
Although we are not obligated to review material, used or displayed on or through our Website, for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Website to do the same. If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked (the "Infringement Notice").
The Infringement Notice must include the following information: (a) identification of the infringing activity or of the material that is claimed to be infringing, to be sufficient to allow us to locate the material on our Website, (b) identification of the copyrighted work/s claimed to have been infringed; (c) the name, address, telephone number and email address of the complaining party; (d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Infringement Notice should have a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that an Infringement Notice has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Website, or notices concerning trademark use in personalized products we make or in our Website, should be sent to:
This Website offers the opportunity for users to post and exchange opinions, information, material and data (the "User Comments"). The Company does not screen, edit, publish or review User Comments prior to their upload to the Website and User Comments do not reflect the views or opinions of the Company, its agents or affiliates. User Comments reflect the view and opinion of the person who posts such a view or opinion. To the extent permitted by applicable laws the Company shall not be responsible or liable for the User Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Comments on the Website. The Company reserves the right to monitor all User Comments and to remove any User Comments which it considers, in its absolute discretion, to be inappropriate, offensive or otherwise in breach of these Terms and Conditions or for any reason whatsoever.
By submitting your User Comments, you represent and warrant that:
- You are the sole author and have not copied the User Comments from any third party;
- All User Comments that you post are accurate;
- Your User Comments do not violate these Terms and will not cause damage or injury to any person or entity.
You further agree and warrant that you shall not submit any User Comments:
- That are known by you to be false, inaccurate or misleading; That infringe any third party's copyright, trademark, or privacy;
- That are, or may reasonably be considered to be, defamatory, racially or religiously biased or offensive, contains obscene language, or is threatening or harassing to any individual, partnership or corporation;
- That include any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
For any User Comments that you submit, you grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your User Comments, you agree that the Company and third parties on its behalf may use your email address to contact you about the status of your User Comments and other administrative purposes.
You hereby represent and warrant that:
- you own or otherwise possess all necessary rights with respect to the materials submitted by you to the Website, including, without limitation, photographs, videos, images, text, graphics and other materials (the "User Materials");
- that the User Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party;
- to the extent permitted by applicable law, you grant us and our designees a worldwide, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable right and license, to use, reproduce, modify, publish, edit, distribute, create derivative works of and publicly display such User Materials, or any part of, solely in connection to any product or service you request or in order to show you how your User Materials would appear in our products;
- that the User Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable;
- that we may (at our discretion) filter any User Materials (including, deleting or replacing harmful or offensive language), refuse to use any User Materials (including suspending processing and shipping of any order relating to any User Materials) and/or disclose any User Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests;
- any pattern or arrangement in which you organize or display such User Materials through tools and features made available through the Website are not proprietary to you, and the rights to the above will remain with us, although, you retain ownership of your User Materials;
- that we may use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable third party who appears in the User Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Materials in the manner contemplated by these Terms. If any such identifiable individual is a minor, according to the applicable law, you have obtained such prior written consent, release and/or permission from such individual’s legal guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request);
- User Materials that violate these Terms may be removed from the Website; we have no obligation to remove User Materials in response to user reports or requests and we are not responsible for the removal, non-removal or loss of any User Materials from the Website.
Hyperlinking to our Content
- The following organizations may link to our Website without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website. These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
- If you are interested in linking to our website, you must notify us by sending an email to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or email address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
- We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
- If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Limitation of Liability and Indemnification
THE WEBSITE, FEATURES, CONTENT, ARTWORK, DATA, AND INFORMATION WHICH ARE PART OF THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTEE THAT THEY SHALL WORK PERFECTLY, OR THAT THEY WILL BE AVAILABLE AT ALL TIMES OR THAT THEY ARE ACCURATE NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, SHUT-DOWNS WILL NOT OCCUR. WE DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEBSITE, THE USE OF ANY FEATURES OFFERED ON OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT IS SOLELY YOURS. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER FINANCIAL LOSS) ARISING OUT OF THESE TERMS OR THE USE OF: ANY CONTENT IN THE WEBSITE, ITS FEATURES OR IN CONNECTION WITH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE WEBSITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE UNDERSTANDING BETWEEN THE PARTIES.
We are not responsible for any information or content uploaded, posted, and transferred through the Website or its features by you or by other users. We make no representation as to the storage or availability of the said information or content at any time. Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Social Media Services
While making use of our Website, you have the option of granting us access to your account(s) with certain third-party social media services, such as Facebook, Instagram and others (each, a "Social Media Services", "Social Media Service Accounts"). Provided a Social Media Service permits this, we can capture and make available on the Website the photos and other content that you have stored in your Social Media Accounts with such Social Media Service (the "Social Media Service Content"). By granting us access to your Social Media Service Accounts and Social Media Service Content, you understand that we will access your Social Media Service Accounts, make available and store (if applicable) your Social Media Service Content so that it is available on the Website. We are not responsible for any Social Media Service Content stored on a Social Media Service that you choose to make available on the Website.
Depending on the Social Media Service you choose and subject to the privacy settings you have set in your Social Media Service Accounts, personally identifiable information that you post to your Social Media Service Accounts will be available on the Website. Please note that if a Social Media Service Account becomes unavailable or the Social Media Service terminates our access to your Social Media Service Account, any Content from that Social Media Service may no longer be available on the Website.
Your relationship with each Social Media Service is governed solely by your agreement with such Social Media Service.
Governing law of the Terms will be California, USA, and the exclusive jurisdiction regarding any dispute regarding the use of the Website shall be determined solely by the courts in California, USA, without derogating from our right to seek relief in any other court, in order to achieve injunctions or restraining orders or other order to enforce its rights.
These Terms constitute the entire agreement and understandings between us with regards to the use of the Website and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
No delay or failure by us to take action under these Terms shall constitute any waiver by us of any provision of these Terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of our successors and assigns.
Mobile Message Service Terms and Conditions
ElephantStock operates a mobile message service (the "Service"). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time. Such modifications will be posted to the Terms of Service available on ElephantStock.com. Your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to ElephantStock’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ElephantStock through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ElephantStock. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to cancel. You'll receive a one-time opt-out confirmation text message. Thereafter, no further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ElephantStock mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received by us and we will not be responsible for honoring requests made in such messages. If you believe that you have sent a message that has not been received, please email email@example.com for assistance.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Last update : January 24, 2022