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Stamp Out Shrink LLC Terms
and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE
("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF
SALE
TERMS AND CONDITION OF
USE
BY VISITING, BROWSING,
SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE
"SITE") OPERATED BY Stamp Out Shrink LLC YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
Important Information
About This Legal Contract
You agree to this User Agreement, and all of
its terms and conditions, by visiting, browsing, shopping,
accessing or otherwise using the Site. These terms and conditions
are subject to change without prior notice at any time, in
Stamp Out Shrink LLC's sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy
Pledge frequently
Acceptance of
Contract Terms
This User Agreement, and all of its
terms and conditions, constitute a legal contract between
you and Stamp Out Shrink LLC (References to "you" or "your"
shall relate to a customer of Stamp Out Shrink LLC or other
party that visits, browses, shops, accesses or otherwise
uses the Site (the "Customer"); references to
"Stamp Out Shrink LLC" shall relate to Stamp Out Shrink LLC and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If
you do not agree to this User Agreement, as it may be
changed by Stamp Out Shrink LLC from time to time, do not use
this Site. The material provided on this Site is protected by law,
including, but not limited to, United States copyright law
and international treaties. This Site is controlled and
operated by Stamp Out Shrink LLC from its offices within the
United States. Stamp Out Shrink LLC makes no representation that materials
in the Site are appropriate or available for use in other
locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own
initiative and are responsible for compliance with
applicable local laws.
Any claim relating to, and the
use of, this Site and the materials contained herein is
governed by the laws of the state of IL without regard to conflict
of law rules. You consent to jurisdiction of the federal
and state courts located in COOK County, IL
to hear any such claims.
Access,
Interference and Linking
Stamp Out Shrink LLC grants you a limited
license to access and make personal use of the Site and
not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use
Restrictions," or with express written consent of
Stamp Out Shrink LLC.
The following activity on the Site is
expressly prohibited: Any non-personal or commercial use
of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content
contained herein without prior written permission by
Stamp Out Shrink LLC; collection or use of any product
listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products
competitive with or comparable to those offered on the
Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site,
or otherwise interferes with its proper and timely
functioning.
Any unauthorized use
terminates the license granted by
Stamp Out Shrink LLC.
You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home
page of the Site so long as the link does not portray Stamp Out Shrink LLC,
its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You
may not use any Stamp Out Shrink LLC logo or other proprietary
graphic or trademark as part of the link without express written
permission.
Stamp Out Shrink LLC does not
review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any
third-party sites linked to or from the
Site.
Use
Restrictions
The copyright in all material provided
on this Site is held by Stamp Out Shrink LLC or by the original
creator of the material. Except as stated herein, none of
the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Stamp Out Shrink LLC or
the copyright owner. Permission is granted to display,
copy, distribute and download the materials on this Site
for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other
proprietary notices contained in the materials. This
permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may
not, without Stamp Out Shrink LLC 's prior written permission,
"mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications
regulations and statutes.
All trademarks and
registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers.
Stamp Out Shrink LLC and the Circle of Service logo are
trademarks of Stamp Out Shrink LLC Copyright © 2002
Stamp Out Shrink LLC.
Microsoft and the Passport
Logo are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries and are
used under license from Microsoft.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Stamp Out Shrink LLC BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF Stamp Out Shrink LLC OR A
Stamp Out Shrink LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By accessing the Site and using the
information therein available and/or by purchasing any
products or services made available through this Site, you agree
with Stamp Out Shrink LLC, its service providers, agents,
employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer or of goods
or services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER
AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE
AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF
THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16)
and the New York Convention on the Enforcement of
Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code
and if any In-person Hearing is required, it shall be held
in Orland Park, IL. Each party shall bear its own cost
of any legal representation, discovery, or research required to
complete arbitration.
Privacy
Please review our Privacy Notice, which
also governs your visit to this Site.
You are
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and
you agree to accept responsibility for all activities that
occur under your account or password. If you are under 18,
you may use the Site only with a parent or guardian. Stamp Out Shrink LLC
reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole
discretion.
Communications to
Stamp Out Shrink LLC
Any communication or material you
transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used
by Stamp Out Shrink LLC for any purpose, including but not
limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Stamp Out Shrink LLC is free to use
any ideas, concepts, know-how, or techniques contained in
any communication you send to Stamp Out Shrink LLC or the Site
for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such
information.
Copyright
Complaints
If you believe that your work has been copied in a way
that constitutes copyright infringement, please
contact:
Stamp Out Shrink LLC
9540 W. 144th Place
Orland Park
IL, 60462
Phone:
877-767-6698
Fax: 708-675-8137
Email:
Sales@StampOutShrink.com
Disagreement
with These Terms and
Conditions
If you disagree with any of the terms and conditions of
this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Stamp Out Shrink LLC Terms and Conditions
of Sale
PLEASE READ THESE TERMS
AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY
THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS
(UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Stamp Out Shrink LLC. IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN).
Important
Information About This Legal
Contract
This Sale Agreement is a legal contract between the
Customer and Stamp Out Shrink LLC. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or
otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to
"Stamp Out Shrink LLC" shall relate to Stamp Out Shrink LLC and its
affiliates.) The terms and conditions of this Sale
Agreement are subject to change without prior notice, except that the
terms and conditions posted on the Site at the time the
Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement
constitutes the entire agreement between the Customer and
Stamp Out Shrink LLC relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be
modified or terminated with regard to goods or services
that have been purchased or sold on the Site in a writing signed by
Stamp Out Shrink LLC. Electronic records (including
signatures), that are otherwise valid, shall be accepted
under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a
web browser or e-mail application connected to the
Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in
non-electronic form by contacting Stamp Out Shrink LLC at the
address provided below.
In the event of any conflict
between the terms and conditions stated on your purchase
order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and
our invoice shall control.
Governing
Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF IL, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS
TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED
IN COOK COUNTY, IL FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk
of Loss
Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at
that time title passes to the purchaser. Loss or damage
that occurs during shipping by a carrier selected by Stamp Out Shrink LLC
is Stamp Out Shrink LLC's responsibility. Loss or damage that
occurs during shipping by a carrier selected by Customer
is Customer's responsibility. Title to software will
remain with the applicable licensor(s).
Export
Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the
federal government certain export documentation before
shipping to a foreign country. In addition, manufacturers' warranties
for exported goods may vary or even be null and void for
goods exported outside the United States. The Customer
should inquire further regarding any questions. Any and
all liability is only for the products purchased.
General Legal
Disclaimer
Stamp Out Shrink LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY Stamp Out Shrink LLC IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for
rates, terms and conditions.
56K
Disclaimer
56K modems are capable of 56Kbps downloads,
however, current regulations limit download speed to
53Kbps.
Third-Party
Product and Y2K Disclaimer
All products sold by Stamp Out Shrink LLC
are third party products and are subject to the warranties
and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly,
Stamp Out Shrink LLC makes no representation or warranty with
respect to the Y2K compliance of products sold.
Pricing and
Information Disclaimer
All pricing subject to change. For all
prices, products and offers, Stamp Out Shrink LLC reserves the
right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High
volume bids are welcome!
While Stamp Out Shrink LLC uses
reasonable efforts to include accurate and up-to-date
information on the Site, Stamp Out Shrink LLC makes no
warranties or representations as to the Site's accuracy.
Stamp Out Shrink LLC assumes no liability or responsibility for
any errors or omissions in the content on the Site.
Limitation of
Liability
Stamp Out Shrink LLC WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Stamp Out Shrink LLC
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Stamp Out Shrink LLC IS NOT LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY
(WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or
relating to this Sale Agreement, its interpretation, or
the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the
full extent permitted by applicable law, relationships
with third parties who are not signatories to this Sale
Agreement), Stamp Out Shrink LLC's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under
the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code
is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any
choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§
201-208 or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be
held as provided by the Code and if any In-person Hearing is required,
it shall be held in Orland Park, IL. Judgment on the
award rendered by the arbitrator(s) may be entered by any
court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research
required to complete arbitration.
Orders;
Payment Terms; Interest;
Taxes
Orders are not binding upon Stamp Out Shrink LLC until
accepted by Stamp Out Shrink LLC. Terms of payment are within
Stamp Out Shrink LLC's sole discretion. Invoices are due and
payable within the time period noted on the invoice,
measured from the date of the invoice. Stamp Out Shrink LLC may
invoice parts of an order separately. Customer agrees to
pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes
associated with the order.
Freight
Policy
Shipping and handling charges on all orders vary;
contact your Stamp Out Shrink LLC account manager for our most
current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit
card. In some circumstances, international shipping may be
available. Call for details.
Return
Policy
The following refund policy applies
to all products except those stating their own refund
policy with the product
description:
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