Unites States Toner 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 UNITED STATES TONER
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 United States Toner'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 Unites States Toner (References to
"you" or "your" shall relate to a customer of United States Toner or other party
that visits, browses, shops, accesses or otherwise uses the Site (the
"Customer"); references to "United States Toner" shall relate to United States
Toner 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 United States Toner 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 United States Toner from its offices within
the United States. United States Toner 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 Washington without
regard to conflict of law rules. You consent to jurisdiction of the federal and
state courts located in Spokane County, Washington to hear any such
claims.
Access, Interference and Linking
United States Toner 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 United States Toner. 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 United States Toner; 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
United States Toner.
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 United States Toner, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any United States Toner logo or other proprietary graphic
or trademark as part of the link without express written permission.
United
States Toner 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 United States Toner 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 United States Toner 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 United States
Toner'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. United States Toner and the
Circle of Service logo are trademarks of United States Toner Copyright
© 2008 United States Toner.
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 UNITED STATES TONER 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 UNITED STATES TONER OR
A UNITED STATES TONER 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 United States Toner, 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 Spokane, Washington. 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. United States Toner reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to United States Toner
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 UnitedStates
Toner for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, United States Toner is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to United
States Toner 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:
United States Toner
2910 E 57th Ave, Suite 5-315
Spokane WA, 99223
Phone: (888) 936- 8585
Fax: (509) 448-8583
Email: customerservice@unitedstatestoner.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.
United States
Toner 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 United States Toner. 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 United States Toner. 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 "United States Toner" shall relate to United States
Toner 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 United States Toner 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 United States Toner. 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 United States
Toner 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 WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED
IN SPOKANE COUNTY, WASHINGTON 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 United States Toner is United States Toner'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
UNITED STATES TONER 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 UNITED STATES TONER 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 United
States Toner are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, United States Toner 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, United States Toner 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 United
States Toner uses reasonable efforts to include accurate and up-to-date
information on the Site, United States Toner makes no warranties or
representations as to the Site's accuracy. United States Toner assumes
no liability or responsibility for any errors or omissions in the content on the
Site.
Limitation of Liability
UNITED STATES TONER 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. UNITED STATES
TONER 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, UNITED STATES
TONER 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), United States Toner'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 Spokane, WA. 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 United
States Toner until accepted by United States Toner. Terms of payment are
within United States Toner's sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured from the date of the
invoice. United States Toner 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 United States Toner 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.
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