Legal Risks in New York Stone & Tile LLC’s Terms & Conditions: Critical Gaps & Costly Exposures | Erayaha

## When We Examined New York Stone & Tile LLC’s Legal Framework: What’s at Stake?

Imagine a scenario where a single privacy complaint triggers a GDPR investigation, exposing New York Stone & Tile LLC to potential fines of up to €20 million or 4% of annual revenue. Or consider the cost of a lawsuit where a poorly drafted limitation of liability clause fails, leading to damages far exceeding $100,000. Our analysis of the company’s Terms & Conditions reveals several such vulnerabilities—each with significant financial and reputational consequences.

1. Privacy Policy Gaps: Exposure to Regulatory Fines

The privacy section lacks explicit references to compliance with major data protection laws (GDPR, CCPA), does not specify legal bases for data processing, and omits required user rights. This omission could result in regulatory penalties and class-action lawsuits, especially if users from the EU or California are involved.

Legal Analysis

high Risk

Removed

Added

Through Your Useuse of the Website and Services, You may provide Usus with certain information. By using the Website or the ServicesThe Company will collect, You authorizeprocess, and store personal information only as permitted by applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). The Company to use Your information inwill specify the United Stateslegal basis for processing, inform users of their rights, and any other countryobtain explicit consent where We may operaterequired.

Legal Explanation

The original clause is overly broad, lacks reference to applicable privacy laws, and does not specify user rights or legal bases for processing. The revision ensures compliance with major privacy regulations and reduces the risk of regulatory penalties and lawsuits.

2. Limitation of Liability: Ambiguity and Unenforceability

The limitation of liability clause attempts to cap damages at $100 or the amount paid in the last six months, but fails to carve out exceptions for gross negligence, willful misconduct, or statutory liabilities. Courts often strike down such overbroad limitations, exposing the company to full liability—potentially hundreds of thousands in damages per incident.

Legal Analysis

critical Risk

Removed

Added

The Company is not liable for any damages that may occur to You as a resultExcept in cases of Your use of the Website or Servicesgross negligence, to the fullest extent permittedwillful misconduct, or liability that cannot be excluded by law. The maximum liability of, the Company’s liability to You for any claims arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, butlimitation does not limitedapply to, lost profits statutory liabilities or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind resulting from intentional misconduct.

Legal Explanation

The original clause is overly broad and likely unenforceable, as courts routinely invalidate liability waivers that attempt to exclude liability for gross negligence, willful misconduct, or statutory obligations. The revision carves out these exceptions to improve enforceability.

3. Unilateral Modification Rights: Risk of Unenforceable Amendments

The T&C allow the company to modify the agreement at any time without notice or user consent. Such unilateral change provisions are routinely found unenforceable in U.S. courts, especially if not accompanied by affirmative user acceptance. This creates a loophole that can invalidate the entire agreement in a dispute.

Legal Analysis

high Risk

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Added

The Company may, from time to time and at any time without notice to You, modify this Agreement by providing you with prior written notice of changes and obtaining your affirmative acceptance before such changes become effective. You agree thatContinued use of the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referredServices after notification and acceptance constitutes agreement to or incorporated into the latest modification or variation of this Agreementrevised terms.

Legal Explanation

Unilateral modification without notice or consent is often unenforceable. The revision requires notice and affirmative acceptance, aligning with best practices and increasing the likelihood that changes will be upheld in court.

4. Governing Law & Arbitration: Geographic Ambiguity and Enforcement Issues

The agreement designates New Jersey law and arbitration in the “United States of America” without specifying a county or arbitration body. This lack of precision can lead to jurisdictional challenges, increased litigation costs, and unenforceable arbitration awards—potentially adding tens of thousands in legal expenses.

Legal Analysis

medium Risk

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Added

Through Your use ofThis Agreement shall be governed by and construed in accordance with the Website or Services, You agree that the laws of the State of New Jersey shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception ofwithout regard to its conflict of law provisions. In case anyAny litigation specifically permitted underarising out of or relating to this Agreement is initiated,shall be brought exclusively in the Parties agree to submit to the personal jurisdiction of the state andor federal courts of the following county: United States of Americalocated in Hudson County, New Jersey. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the rightparties consent to any objection ofthe exclusive jurisdiction and venue, including assertion of the doctrine of forum non conveniences or similar doctrinesuch courts.

Legal Explanation

The original clause is ambiguous about the specific location and court, which can lead to jurisdictional disputes and increased litigation costs. The revision specifies the county and court, reducing uncertainty and improving enforceability.

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Conclusion: Proactive Legal Protection is Essential

Our review shows that New York Stone & Tile LLC’s current Terms & Conditions leave the company exposed to regulatory fines, litigation, and costly disputes. Proactively addressing these issues can prevent six- or seven-figure losses and safeguard business continuity.

How much risk is your business willing to tolerate in its contracts?
Are your terms defensible in court and compliant with global regulations?
What would a single privacy complaint or contract dispute cost your company?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.