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Legal Terms and
Conditions
By accessing this Web Site, you agree to these
terms and conditions, as modified or amended from time to time.
Each time you access this Site, you reconfirm your agreement. If
you do not agree to these terms and conditions, you may elect not
to access this Site. This Agreement is effective upon your purchase
of a product from this Site.
Information may be changed or updated without
notice. Colestock Associates may also make improvements and/or changes
in and to the products or the product mix described herein at any
time without notice. Colestock Associates assumes no responsibility
regarding the accuracy of the information that is supplied or provided
by third parties governing products and/or programs described herein
and use of such information is at the recipient's own risk. By furnishing
information, Colestock Associates does not grant any licenses to
any copyrights, patents or any other intellectual property rights.
Colestock Associates does not want to receive confidential or proprietary
information from you through our website. Please note that any information
or material sent to Colestock Associates will be deemed NOT to be confidential. By
sending Colestock Associates any information or material, you grant Colestock Associates an unrestricted,
irrevocable license to use, reproduce, display, perform, modify,
transmit and distribute those materials or information, and you
also agree that Colestock Associates is free to use any ideas, concepts, know-how
or techniques that you send us for any purpose. However, we will
not release your name or otherwise publicize the fact that you submitted
materials or other information to us unless: (a) we obtain your
permission to use your name; or (b) we first notify you that the
materials or other information you submit to a particular part of
this website will be published or otherwise used with your name
on it; or (c) we are required to do so by law.
IN NO EVENT WILL Colestock Associates BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY Colestock Associates ON AN "AS IS" BASIS
ONLY. Colestock Associates PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Terms of Website Usage
The following terms govern your purchase of products
from Colestock Associates through our website. Please read them carefully. If you
use this website to purchase products through our system, this will
indicate your acceptance of the terms below.
Terms of website usage:
You may view the following information
and use it for your own purposes; however, any other use such as
further publication, transmission or distribution is not permitted.
1. We are not liable for any incidental or consequential
damages related in any way to your use of this ordering website.
2. You may browse this website without charge; however, when you
place an order your credit card will be charged.
3. We are not responsible for the accuracy, completeness, reliability,
content or availability of any information you may access under
this website.
4. These rules and the following terms are the complete and exclusive
agreement we have with you regarding your acquisition of products
using this ordering website. We may modify the rules or terms of
this website at any time without notice to you. If you return to
this website and do not agree with any such modification, you must
immediately terminate your use of this website. Continued use of
this website will constitute your acceptance of any such modifications.
5. You must be eighteen years of age or older to use this website
to order products. You are responsible for restricting use of this
website by persons under the age of eighteen.
6. All final purchases are dependent upon product availability.
Display of a product or a submitted and accepted order for a product
does not guarantee order fulfillment. In the event a product goes
out of stock prior to order receipt and processing, a product of
similar or slightly higher technical specifications may, at our
option, be provided as a replacement. Otherwise, we will contact
you and advise you of a stock outage.
Copyright/Intellectual Property
This entire World Wide Web site is copyrighted
under United States law and protected by worldwide copyright laws
and treaty provisions. Users of the site MAY download or print one
copy of any and all materials on the site for personal, non-commercial
use, provided that they do not modify or alter the materials in
any way, nor delete or change any copyright or trademark notice.
All material on this site is provided for lawful purposes only.
None of the information on this site may be copied, distributed
or transmitted in any way for commercial use without the express
written consent of Colestock Associates. Colestock Associates reserves full ownership of and intellectual
property rights in any materials downloaded from this site.
Cookies:
Access to Colestock Associates's Web site requires the use
of per session cookies by your Web browser. The cookie option in
the browser must be set to "accept" or "prompt to
accept cookies" in order to proceed. If the Save User ID and
Password check box is cleared, the cookie is stored in memory only.
After the browser window closes, the cookie is gone. If the Save
User ID and Password check box is selected, the cookie is saved
on your hard drive.
Terms and Conditions of Sale
This Agreement is the complete agreement regarding
your acquisition of a product from Colestock Associates using our website, and replaces
any prior oral or written communications between you and Colestock Associates.
Payment and Taxes:
Payment to Colestock Associates may be by credit card. Minnesota
residents will be charged 6.5% sales tax on all purchases. Residents
of other states are responsible for payment of any taxes resulting
from purchases. Please select the method of shipment. Shipping charges
will be charged based upon the method of shipment.
Title and Risk of Loss:
Title transfers to you when Colestock Associates ships the
product. You bear the risk of loss for the product once the product
is shipped from the Colestock Associates location.
Warranty; Disclaimers; Limitation of Remedies:
Colestock Associates represents and warrants that upon the
sale of a product to you, Colestock Associates will be the lawful owner thereof,
free and clear of any liens and encumbrances (other than those which
may arise from this Agreement) and will have full right, power,
and authority to sell, deliver or provide the same to you.
Products sold under this Agreement are warranted
to be free from defects in material and workmanship upon delivery.
You must notify Colestock Associates if a product is defective in any respect. At
its option, Colestock Associates will replace or repair the defective product without
charge.
This warranty does not cover repair or replacement
of products subjected to misuse or for failure to follow instructions.
THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN
LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, EACH OF WHICH Colestock Associates DISCLAIMS AND ARE EXCLUDED. Colestock Associates SHALL
NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL AND INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
Limitation of Liability:
Colestock Associates's liability for any claims (excluding
death and bodily injury) whether based in contract or tort, including
negligence, whether in law or equity, for any loss or damages arising
or resulting from, or connected with the products or your purchase
of the products hereunder, shall be limited to the actual the price
paid by you for the product that is the subject of the claim. In
no event will Colestock Associates be liable for any special, incidental, economic
or consequential damages, lost profit or revenue, even if Colestock Associates were
informed of the possibility of such damages, or for third party
claims against you or us for such damages. You may have additional
rights under certain laws (such as consumer laws) that do not allow
the exclusion of implied warranties, or the exclusion or limitation
of certain damages. If these laws apply, Colestock Associates's exclusions or limitations
may not apply to you.
Other:
The laws of the State of Minnesota govern
this Agreement.
Product Availability Support:
Colestock Associates provides access to product information
on an international basis as a result of making such information
available on the World Wide Web. Colestock Associates makes no representation that
such products are or may be lawfully exported from the United States
or that OEM support is available in the United States or elsewhere.
You assume all responsibility for export.
Arbitration:
You and Colestock Associates agree to submit all disputes
of whatever kind or nature, whether in law or equity, arising out
of this transaction to binding arbitration only, to be conducted
pursuant to the rules of the American Arbitration Association, to
be held in a location mutually agreeable to the parties. Provided,
however, in the event third parties are necessary to achieve a just
adjudication of the issues, either party may commence a civil action
in a court of competent jurisdiction having jurisdiction over all
such parties. The parties agree that the nonprevailing party shall
be liable for all costs, including the prevailing party's attorneys'
fees and costs in addition to the costs of arbitration. The parties
are entitled to limited discovery under the local rules of civil
procedure for courts of general jurisdiction. The parties further
agree that any monetary award may be reduced to judgment and docketed
in any court of competent jurisdiction without objection and execution
had thereon. No arbitration or action, regardless of form, arising
out of a Purchase may be brought or commenced by either party more
than one (1) year after the dispute or cause of action arose.
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