Terms of use - Pillar Products

TERMS OF USE

AGREEMENT BETWEEN USER AND Pillar Products, Inc.
The Pillar Products Web Site is comprised of various Web pages operated by Pillar Products.

The Pillar Products Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Pillar Products Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Pillar Products reserves the right to change the terms, conditions, and notices under which the Pillar Products Web Site is offered, including but not limited to the charges associated with the use of the Pillar Products Web Site.

LINKS TO THIRD PARTY SITES
The Pillar Products Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Pillar Products and Pillar Products is not responsible for the contents of any Linked Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Pillar Products Web Site, you warrant to Pillar Products that you will not use the Pillar Products Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pillar Products Web Site in any manner, which could damage, disable, overburden, or impair the Pillar Products Web Site or interfere with any other party's use and enjoyment of the Pillar Products Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pillar Products Web Sites.

MATERIALS PROVIDED TO Pillar Products OR POSTED AT ANY Pillar Products WEB SITE
Pillar Products does not claim ownership of the materials you provide to Pillar Products (including feedback and suggestions) or post, upload, input or submit to any Pillar Products Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pillar Products, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pillar Products is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pillar Products' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Pillar Products WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pillar Products AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Pillar Products WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Pillar Products WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Pillar Products AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Pillar Products WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pillar Products AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pillar Products AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Pillar Products WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Pillar Products WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Pillar Products WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Pillar Products WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pillar Products OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In the event that a product’s malfunction leads to damage or injuries to the Buyer's business, the end-user's business, to other equipment, or residence, or to employees or to other persons, Seller shall not be liable for such damages or injuries. Buyer understands and agrees that if Seller shall be found liable for loss or damage due from failure of Seller to perform any of Seller's obligations hereunder or the failure of the product in any respect whatsoever, Seller liability shall be limited to $500.00 and this liability shall be exclusive, and that the provisions of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property, from performance or non-performance of Seller obligation, breach of express or implied warranty, or from negligence, active or otherwise by Seller, its agents, servants, assignees or employees.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Pillar Products WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Pillar Products WEB SITE.

SERVICE CONTACT : customerservice@pillarproducts.com

TERMINATION/ACCESS RESTRICTION
Pillar Products reserves the right, in its sole discretion, to terminate your access to the Pillar Products Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sumner County, Tenessee, U.S.A. in all disputes arising out of or relating to the use of the Pillar Products Web Site. Use of the Pillar Products Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pillar Products as a result of this agreement or use of the Pillar Products Web Site. Pillar Products' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pillar Products' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pillar Products Web Site or information provided to or gathered by Pillar Products with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Minors under the age of 18, need permission from a parent or legal guardian before interacting with this site. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pillar Products with respect to the Pillar Products Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pillar Products with respect to the Pillar Products Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Time is of the essence of this agreement.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Pillar Products Web Site are: Copyright 2006 Pillar Products, Inc. and/or its suppliers. All rights reserved.

TRADEMARKS
The names of companies and products, designs and logos mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

TERMS AND CONDITIONS

The following terms are applicable to every transaction made with Pillar Products.

Order Acceptance. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Situations that may result in your order being canceled include limitations on quantities available, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Product Pricing and Availability. Product pricing and availability is subject to change with or without notice. Due to the nature of today's business climate and this industry, item availability, specifications, and prices may change often and without notice. The Company works very hard to display accurate information on it's products for sale, but will not be held liable for changes in items, pricing, or specifications.
Title. Title to the product passes to Buyer upon delivery of product to the carrier. All risk of damage or loss to the products shall be borne by the Buyer at F.O.B. shipping point. Buyer agrees that Seller retains a security interest in product until the purchase price and any other charges due to Seller have been paid in their entirety.
Discrepancies, Damages. Any damage, loss, shortage or any other discrepancy with your order MUST be reported to SELLER and CARRIER in writing within 2 days of receipt. Claims for shortages or damage will not be honored after this period.
Sales Taxes. We withhold applicable sales tax for orders to be delivered to addresses within Tennessee, states where we have warehouses and other states with Internet tax levies. If you are tax exempt, please provide us with a tax exempt certificate. Each customer shall be solely responsible for all sales taxes, use tax or other taxes, on orders shipped to any other location.
Returns. The terms for product return are limited to those set forth in Seller Returns (RMA) policies and procedures, which include that all returns must have an RMA number, be returned with the original packing materials and cartons in like-new re-sellable condition and that returns may be subject to a Return Processing Service charge.
Customer Credit Card Charges. If necessary, Buyer authorizes Seller to charge their credit card for any Return Processing Service charge or other charges, in addition to the cost of the products, shipping and taxes, if applicable, for any product returned.
Refusal of Delivery. Buyers refusing delivery of shipments are responsible for both initial and return shipping charges. Total shipping charge liability on the part of the BUYER will be two-times the original invoiced shipping charges.
Payment. Unless otherwise agreed in writing by Seller, all credit purchases must be paid Net 15 from date of invoice. All past due amounts are subject to a 1.5% monthly financing charge or the maximum permissible under applicable law. All drafts dishonored for any reason shall be assessed a $25.00 service charge. In the event that Buyer stops payment on any draft issued to Seller, Buyer recognizes that Seller would suffer damage, an exact amount which cannot be determined and Buyer shall pay Seller liquidated damages of $500 for each such draft stop payment. If Buyer utilizes a credit card to purchase product, Buyer agrees to use best efforts to resolve any good faith dispute and not unnecessarily dispute such charges.
Remedies of Seller. Upon default by Buyer, Buyer agrees to reimburse Seller all attorney fees and court costs incurred by Seller in connection therewith. Buyer agrees that any of the following shall constitute an event of default which shall enable Seller, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law: (a) the failure of Buyer to perform any term or condition contained herein; (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of its creditors, the appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to adjudicate Buyer bankrupt; (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Seller or (f) if Seller, in good faith, believes that Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller herein are in addition to, and shall not exclude, any rights or remedies that Seller may have by law. Upon default, Seller may, at its option, exercise one or more of the following remedies: (1) Demand or sue for amounts then due or accruing (2) Have Buyer return product to Seller (3) Take possession of the product whenever found. In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorneys' fees, will be added to the balance due and Buyer shall pay all such charges.
Indemnification. You agree to defend, indemnify and hold harmless Seller and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Waiver. No delay in exercising or failure on the part of Seller to exercise any right hereunder, will operate as a waiver thereof, nor will any partial or single exercise of any right hereunder by Seller preclude any further exercise of any other right.

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