PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to, and use of this site is subject to the following terms,
conditions and applicable laws. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content of this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Pac-Supply.com. The collective
work includes works that are licensed to Pac-Supply.com. ALL RIGHTS ARE
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with
Pac-Supply.com, or purchasing our products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
Pac-Supply.com or to purchase ourproducts. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited. You further agree not to
change or delete any proprietary notices from materials downloaded from this
site.
Trademarks
All trademarks, service marks and trade names of Pac-Supply.com used in the
site are trademarks or registered trademarks of Pac-Supply.com.
Warranty Disclaimer
For 90 days after the date of purchase, Pac-Supply.com warrants the products in
this catalog to be free from defects in materials and workmanship when properly
installed and maintained. Any claim for defects must be in writing and must be
received within 90 days of the receipt of the product. Pac-Supply.com must have
a reasonable opportunity thereafter to examine and investigate. The customer’s
exclusive remedy with respect to any claim of any kind whatsoever shall be
a refund of the purchase price or replacement of the product at the option of
Pac-Supply.com. In no event shall Pac-Supply.com be liable for any incidental
or consequential damages whatsoever.
Limitation of Liability
Pac-Supply.com shall not be liable for any special or consequential damages
that result from the use of, or the inability to use the materials on this
site or the performance of the products, even if Pac-Supply.com has been
advised of the possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Pac-Supply.com product is mistakenly listed at an incorrect
price, we reserve the right to refuse or cancel any orders placed for product
listed at the incorrect price. We reserve the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, Pac-Supply.com shall issue a credit to your credit card
account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions or any part of them, may be terminated by Pac-Supply.com without
notice at any time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
Pac-Supply.com may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to
us.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Pac-Supply.com products) shall be
in the state or federal courts located in California. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of our products) must be commenced within one (1)
year after the claim or cause of action arises. Pac-Supply.com’s failure to
insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. We may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Pac-Supply.com or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Pac-Supply.com does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Pac-Supply.com is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, we
reserve the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to
Pac-Supply.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Pac-Supply.com, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, we may link to sites
operated by third parties. However, even if the third party is affiliated with
Pac-Supply.com, we have no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Pac-Supply.com.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, Pac-Supply.com seeks to protect the integrity of
it's web site and the links placed upon it and therefore requests feedback
on it's own site and for sites it links to.