Accessing the Website and Account Security >
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights >
The Website, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all of the products that may be ordered through the Website are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the term “eCom Label Solutions”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Website Purchases and Terms of Sale >
Order Acceptance. You agree that any order you make through the Website is an offer to buy all of the products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered (each a “Confirmation Email”).
Shipments; Delivery. We will ship any products you order on the Website to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale or export.
Custom Products. You acknowledge and agree that neither the Company nor any other party connected with the manufacture of products ordered through the Website will be responsible for the design of your order when you give final approval of the proof. You must evaluate and bear all risks associated with the design of your order and any custom content or images used in your order. You are solely responsible for and assume all liability arising from all products that you create or use in connection with the Website. The fact that we produce any custom product does not mean that: (1) we approve or endorse the content of the custom product, (2) the custom product complies with all applicable laws, or (3) you will not incur any liability or harm arising from the custom product.
Disclaimer of Warranties >
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability >
IF YOU RECEIVE ANY PRODUCTS THAT DO NOT CONFORM TO YOUR ORDER AND THE CONFIRMATION EMAIL, WE MAY REPLACE YOUR ORDER WITH CONFORMING PRODUCTS OR REFUND THE PURCHASE PRICE AT OUR SOLE DISCRETION. OUR LIABILITY FOR NONCONFORMING PRODUCTS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCTS YOU HAVE PURCHASED THROUGH THE WEBSITE.
OTHER THAN THE LIMITED LIABILITY FOR NONCONFORMING PRODUCTS SET FORTH ABOVE, IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR CLAIMS OR DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR, PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website or products ordered through the Website.
Governing Law and Jurisdiction >
Waiver and Severability >
Entire Agreement >
Your Comments and Concerns >
All feedback, comments, requests for support and other communications relating to the Website should be directed to: info@emeraldcitylabel(dot)com
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