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Eco-Products, Inc., the owner of this site named
CustomCupStore.com,™ has created this Legal Policy in order
to inform you of general procedures.
Terms:
All accounts are payable in current U.S. funds at the
office of Eco-Products at the location specifically
designated on the invoice. Approved accounts become
past due 20 days following the date on the invoice.
Interest will be charged on the past due amount at the
rate of one percent (2%) per month. In the event the
collection of any unpaid balance is placed in the hands
of an attorney, the purchaser shall pay reasonable
attorney fees and costs of collection to Eco-Products.
Return Policy:
No
returns will be accepted without prior approval from
Eco-Products. All merchandise returned after delivery is
subject to a 25% charge.
Pricing Policy:
Prices are subject to change without notice. Prices
shall be those prevailing at time of order. Prices do
not include sales, use, or other taxes.
General Policy:
Claims regarding invoice adjustments must be submitted
to Eco-Products in writing within 10 days of the date of
Eco-Products' invoice. Overage, shortages, and damage of
products must be noted on the sales receipt at the time
of delivery. Back orders will be shipped with
purchaser's next order, or sooner if practical.
Warranties:
Eco-Products represents and warrants that the
merchandise supplied hereunder will conform to the
manufacturer's then current specifications at the time
that the goods are shipped. Except for the express
warranties set out above, Eco-Products makes no other
warranties of any kind whatsoever, whether expressed or
implied, and with regards to any goods sold to the
purchaser, Eco-Products specifically disclaims any
warranty of merchantability or fitness for a particular
purpose, any warranty mode by purchaser, or any other
obligation whatsoever on the part of Eco-Products.
Remedies and Damages:
Eco-Products' sole and exclusive liability for breach of
warranty or contract shall be to replace the
non-conforming goods. If replacement is made,
Eco-Products shall have a reasonable time to deliver
such replacement goods. In no event shall Eco-Products
be liable for special, incidental, or consequential
damages for any breach of warranty or any breach of
contract.
Contingencies:
All
orders and agreements are subject to the contingencies
of and delays in production and delivery. Eco-Products
will not be responsible for delays resulting from fire,
strikes, lockouts, differences with workmen, accidents,
wars, insurrection, delays in transportation, equipment
failure, or any other contingencies beyond Eco-Products
control.
Applicable Law:
The laws of the state of Colorado shall apply and be
controlling in all contracts for the sale of goods to
the purchaser.
Privacy
Eco-Products, Inc., the owner of this domain,
LinoleumStore.com™, has created
this Privacy Policy in order to demonstrate our
commitment to the privacy and protection of your
information. As part of the normal operation of
services, we collect and, in some instances,
disclose information about you. To better protect
your privacy, we provide this notice explaining our
information practices and the choices you can make
about the way your information is collected and
used.
1. Information Collected During Your Use of LinoleumStore.com™ .
In order to purchase our products, users are
required to give us contact information (e.g., your
name and email address), and demographic information
(e.g., your zip code). Certain information, such as
email addresses, is collected in order to verify
your identity and for use in our records. Similar to
other commercial Web sites, our Web site utilizes a
standard technology called "cookies" and Web server
logs to collect information about how our Web site
is used. Information gathered through cookies
and Web server logs may include the date and time of
visits, the pages viewed, time spent at our Web
site, and the Web sites visited just before and just
after our Web site.
If you decide to purchase any products,Eco-Products,
Inc.™ will need to collect certain
financial information, such as your credit card
number, credit card expiration date, and billing
address ("Financial Information"). Financial
Information that is collected is used to bill you
for products, and for other purposes (e.g., credit
card verification).
Eco-Products, Inc.™
does not share Financial Information with outside
parties except to the extent necessary in accordance
with the law.
2. Our Use of Your Information
We may use customer contact information from the
order form or from the contact form to send you
information about
Eco-Products, Inc.™. Your contact
information is also used to contact you when
necessary. We may use your IP address to help
protect our partners and us from fraud.
3. Our Disclosure of Your Information
We never use or share the personally identifiable
information provided to us online in ways unrelated
to the ones described in this Privacy Policy and
without also providing you an opportunity to opt out
or otherwise prohibit such unrelated uses.
Eco-Products, Inc.™ will never willfully sell, lease, or
rent any of your or your business' personally
identifiable information to any third party.
4. Security
In order to maximize the protection of your
information,
Eco-Products, Inc.™' uses state-of-the-art
technology to protect your data from use, misuse, or
alteration by unauthorized third parties. Currently,
we use Secure Sockets Layer (SSL) protocol to
protect your data and secure your transactions. SSL
encrypts all your personal information, including
your credit card number, name, and address, as it is
transmitted over the Internet.
If you have any questions about this privacy
statement or the practices of this site, please
contact us.
Terms of
Use
Welcome to the
LinoleumStore.com Website. Eco-Products, Inc. (“we” or
“us”) maintains this website as a Commercial site to
interested individuals (the “Site”). By viewing our
Site and accessing the information and products
provided through the Site, you agree to comply with
and be bound by the following Terms of Use and
Privacy Policy. Please review the following
carefully. If you do not agree to these terms, you
may not access or use the Site.
1.
Acceptance of Agreement. By accessing
or using the Site, you agree to comply with the
terms and conditions outlined in this Terms of Use
Agreement (“Agreement”), our privacy policy included
below (the “Policy”) and all applicable laws and
regulations. This Agreement and the Policy, as the
same may be amended from time-to-time, constitutes
the entire and only agreement between us and you,
and supersedes all prior and contemporaneous
agreements, representations, warranties and
understandings with respect to the Site, the
content, provided by or through the Site, and the
subject matter of this Agreement and the Policy.
This Agreement and the Policy may be amended at any
time by us, from time to time, without specific
notice to you by posting the revised document on the
Site. Any changes will go into effect on the date
posted in the notice. The new Agreement and Policy
will apply to all current and past users of our Site
and will replace any prior Agreements and Policies.
2.
Copyright. The text, data, content,
organization, images, graphics, design, software
(including the underlying source and object codes),
digital conversion and any other materials included
in or related to the Site are our property and are
protected under applicable copyrights, trademarks
and other proprietary rights (including but not
limited to intellectual property). The collection,
arrangement and assembly of all content on the Site
is copyrighted as a “collective work” under the
United States Copyright Laws and we own a copyright
in the selection, coordination, arrangement and
enhancement of such content. The copying,
redistribution, use or publication by you of any
such matters or any part of the Site, except as
allowed by Section 3, is strictly prohibited. You
may not modify, remove, delete, add to, publish,
transmit, participate in the transfer or sale of,
create derivative works from, or in any way exploit
any content. You do not acquire ownership rights to
any content, document or other materials viewed
through the Site. The posting of information or
materials on the Site does not constitute a waiver
of any right in such information and materials.
3.
Limited Right to Use. You may use the
content and software on the Site as an information
resource only. The viewing, printing or downloading
of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license
for your sole personal use and not for
republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other
use. No part of any content, form or document may
be reproduced in any form or incorporated into any
information retrieval system, electronic or
mechanical, other than for your personal use (but
not for resale or redistribution). You may not
modify any of the information contained on the Site
and may not remove any copyright, trademark or other
proprietary notices related to such content. The
license granted under this section does not extend
to any content owned by third parties and our
licensors. Any use of the Site not described herein
is strictly prohibited. Without limiting the
generality of the foregoing, you are expressly
prohibited from: (i) sublicensing or reselling any
of the content, database or information included on
the Site including, but not limited to, any gasoline
station information and gasoline prices; (ii) using,
or allowing third parties to use, the content,
database or information for the purpose of
compiling, enhancing, verifying, supplementing,
adding to, or deleting from any compilation of
information which is included on the Site; (iii)
using the information on the Site in any service or
product or for any purpose not specifically
authorized under this Agreement or the Policy or
offering it through any third party; or (iv)
disassembling, decompiling, reverse engineering,
modifying or otherwise altering the information, the
Site or any part thereof without our prior written
consent, which consent may be withheld in our sole
discretion.
4.
Trademark Ownership. The registered
and unregistered trademarks, service marks and logos
that are used and displayed on the Site (the
“Trademarks”) are owned by us, our affiliates or
others. You should not construe anything on the
Site as granting expressly, by implication, estoppel
or otherwise, any license or right to use any
Trademark. Without limiting the foregoing, you may
not use the Trademarks (a) to identify products or
services that are not affiliated with us; (b) in any
manner likely to cause confusion; (c) in or as part
of your own trademarks; (d) in a manner that implies
that we sponsor or endorse your products or
services; or (e) in any manner that disparages or
discredits us. We aggressively enforce our
intellectual property rights to the fullest extent
of the law.
5.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit
or delete any documents, information or other
content appearing on the Site.
6.
Links to Other Websites. The Site
contains links to other websites. We are not
responsible for the content, accuracy or opinions
expressed in such websites, and such websites are
not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked
website to our Site does not imply approval or
endorsement of the linked website by us. If you
decide to leave our Site and access these
third-party Sites, YOU DO SO AT YOUR OWN RISK.
7.
Third-Party Merchant Policies. All
rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you
while on such Sites. We are not responsible for
information provided by you to Merchants. We and
the Merchants are independent contractors and
neither party has authority to make any
representations or commitments on behalf of the
other.
8.
Indemnification. You agree to
indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable
attorney’s fees, related to your violation of this
Agreement, the Policy or your use of the Site.
9.
Disclaimer. THE INFORMATION
AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED
“AS-IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE,
THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS,
ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE
THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY
PRODUCTS SOLD THROUGH THE SITE (INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. The negation of
damages set forth above are fundamental elements of
the basis of the bargain between us and you. This
Site, the products, and the information would not be
provided without such limitations. No advice or
information, whether oral or written, obtained by
you from us through the Site shall create any
warranty, representation or guarantee not expressly
stated in this Agreement.
10.
Transmission of Information. You
acknowledge and understand that we cannot control
the flow of information to or from the Site to other
portions of the internet. Such flow of information
depends in large part on the performance of internet
services provided or controlled by third parties.
At times, actions or inactions caused by the third
parties can produce situations in which your
connection to the Site (or portions thereof) or the
information contained on the Site may be impaired or
disrupted. Although we will use commercially
reasonable efforts to take actions which we deem
appropriate to remedy and avoid such events, we
cannot guarantee that such events will not occur.
ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY
RESULTING FROM OR RELATED TO SUCH EVENTS.
11.
Privacy Policy. We reserve the right,
and you authorize us, to use and assign all
information regarding your use of the Site and all
information provided by you in any manner consistent
with our privacy policy. Our privacy policy, as it
may change from time to time, is a part of this
Agreement.
12.
Information. The Site contains
information about us and our mission. While this
information was believed to be accurate as of the
date prepared, WE DISCLAIM ANY DUTY OR OBLIGATION
TO UPDATE THIS INFORMATION.
13.
Governing Law/Venue. The Site
(excluding any linked websites) is controlled by
Eco-Products, Inc. from its offices in the State of
Colorado, United States of America. It can be
accessed from all 50 states as well as from other
countries around the world. By accessing the Site,
you agree that the statutes and laws of the State of
Colorado, without regard to conflicts of law
principle thereof, will apply to all matters
relating to your use of the Site including any
purchases of products or services. You also agree
and hereby submit to the exclusive personal
jurisdiction and venue of the federal and state
courts located in Boulder County, Colorado, with
respect to such matters.
14.
Statute of Limitations/Limitation of
Actions. Any cause of action by you with
respect to the Site (and/or any information,
products or services related thereto) must be
instituted within one (1) year after the cause of
action arose or be forever waived and barred. All
actions shall be subject to the limitations set
forth in this Terms of Use Agreement.
15.
Waiver. Our failure to enforce any
provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision.
16.
Miscellaneous. The language in this
Agreement shall be interpreted as to its fair
meaning and not strictly for or against either
party. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be
construed consistent with the applicable law and the
remaining portions shall remain in full force and
effect.
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