Site Terms of Service, an Enforceable Legal Agreement.
As of March 23, 2017
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Site and its owner(s);
- User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Third party products, links, and actions
The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/
The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.
All rights not expressly granted in these Terms are reserved by the Site.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to firstname.lastname@example.org. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.
Orders placed are typically shipped within 2 business days, via FedEx or UPS. Orders are shipped from the closest warehouse to your address. If orders are placed after 2 pm EST, it will be processed on the next business day. For other methods of shipping, such as Overnight or 2nd Day shipments, freight will be billed per FedEx or UPS’s published rate charts for size and weight of the shipment. For large shipments requiring LTL, or if shipping outside of the United States, please contact Chagrin Safety for a rate quote at 888-227-0468 or email at email@example.com. We do not ship C.O.D, (cash on delivery).
Per shipping regulations, items labeled “ORM-D”, such as alcohol based hand sanitizers, fire extinguishers or aerosol spray cannot be shipped to P.O. Boxes, Alaska, Hawaii, Puerto Rico or Overseas. These items cannot be shipped by air transport or by Priority Mail either, therefore, they cannot be sent to APO/FPO addresses. If you are ordering Hazmat items such as bleaches or fire extinguishers, extra shipping charges may apply. Also, all ORM-D and Hazmat items cannot be shipped Next Day Air, 2nd Day Air or 3-Day Select, because Hazmat items cannot be transported by air. This safety issue cannot be amended.
Returns & Exchanges
Please inspect your order immediately upon arrival. In the event your order is incorrect, damaged or defective, please contact us 888-227-0468 for return instructions. We will issue you a pre-paid shipping label to send back the damaged product. Proper return of damaged goods per these guidelines will be eligible for a refund back to the original method of payment, unless an exchange is requested. Upon receipt and processing of the return, we will credit you for the total purchase price (not including shipping). Please keep in mind credit card companies vary in the time they take to post credits. If you are not satisfied with a product for any other reason, contact us within 30 days of receipt at 888-227-0468 for a return authorization number. NO PRODUCT SHALL BE RETURNED TO THE SELLER WITHOUT SELLER’S WRITTEN AUTHORIZATION. Returned merchandise must be shipped in original packaging, freight prepaid, unused, and in resalable condition. Buyer shall pay 15% restocking charge on all products returned to the Seller, except for return of damaged or defective products. Customer’s will be responsible for return freight on cancelled orders. Absolutely no returns after 30 days.
Other Terms and Conditions
Any information contained on the Site, is solely for legitimate business purposes. Any access or attempt to access other areas of Chagrin Safety’s computer systems or other information contained on its systems for any purpose is strictly prohibited.
Chagrin Safety Supply, Inc will not share your personal information with any 3rd parties without your expressed written consent.
We reserve the right to modify any programs, policies, information, products and services contained on the Site at any time and without notice to you. Visitors who use information contained on the Site or make decisions based on such information do so at their own risk. These Terms and Conditions of Use may not be modified, supplemented, or qualified.
If you do not agree and accept, without limitation or qualification, these Terms and Conditions of Use, you must exit the Site immediately.
If a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Chagrin Safety reserves the right to refuse or cancel any orders placed for the product listed incorrectly, whether the order has been confirmed or whether or not you have been charged for such product. If your credit card has already been charged for the purchase and your order is cancelled, Chagrin Safety shall issue you a credit (to your credit card account) in the amount of the incorrect price.
The Site, including its content and materials, is provided “as is” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. Fully permissible pursuant to applicable law, Chagrin Safety hereby disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, and fitness for a purpose. Chagrin Safety does not warrant that operation of the site will be uninterrupted or free from errors, that defects will be corrected or that the site or its server are free of viruses or other harmful components.
The Site contains many Company and third-party trademarks and service marks. Each mark is the property of the company that owns it and may not be used without the consent of such company. All rights contained in the Site including copyright, trademarks, trade secret and patent rights are hereby reserved by Chagrin Safety. Access to the Site does not constitute a right to copy or use any property of Chagrin Safety or its suppliers.
These terms and conditions may be amended at any time by Chagrin Safety.
We are based in Chagrin Falls, OH and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Chagrin Falls, OH, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Chagrin Falls, OH will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.
Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near Chagrin Falls, OH, under the rules of the American Arbitration Association.
Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.
There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.
Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
If you have any questions about these Terms, please address them to firstname.lastname@example.org.
These terms were last updated on March 23, 2017