Terms & Conditions
Please read Amcor
Design TERMS AND CONDITIONS OF USE ("USER AGREEMENT") and TERMS
AND CONDITIONS OF SALE ("SALE AGREEMENT") very carefully
AMCOR DESIGN TERMS AND
CONDITIONS OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE (THE
"SITE") OPERATED BY AMCOR DESIGN 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, at
Amcor Design'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 Amcor Design (References to "you" or
"your" shall relate to a customer of Amcor Design or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Amcor Design" shall relate to Amcor Design 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 Amcor Design 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 Amcor Design from its offices within the United States. Amcor Design 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 NY without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in NY County, NY to hear
any such claims.
Access, Interference
and Linking
Amcor Design 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 Amcor Design.
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 Amcor Design; 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 Amcor Design
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
Amcor Design, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Amcor Design logo or other proprietary graphic or trademark as part of the link
without express written permission.
Amcor Design 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 Amcor Design 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 Amcor Design 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 Amcor
Design '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. Amcor
Design and the Circle of Service logo are trademarks of Amcor Design Copyright
© 2002 Amcor Design.
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 Amcor
Design 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 Amcor
Design OR A Amcor Design 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 Amcor Design, 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 New
York, NY. 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. Amcor
Design reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Communications to
Amcor Design
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 Amcor Design for any purpose, including but not
limited to reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Amcor Design is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Amcor Design
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:
Amcor Design
48 West 48 Street suite 301
New York NY, 10036
Phone: 212-354-2275
Email: sales@amcordesign.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.
AMCOR DESIGN TERMS AND CONDITIONS OF SALE
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 AMCOR DESIGN. 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 Amcor Design.
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 "Amcor
Design" shall relate to Amcor Design 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 Amcor Design 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 Amcor Design.
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 Amcor Design 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 NY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS
TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN NY COUNTY, NY FOR
PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
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 Amcor Design is
Amcor Design'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
Amcor Design 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 Amcor Design 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 Amcor Design are third party products and are subject to
the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. Accordingly, Amcor Design 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, Amcor
Design 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 Amcor Design uses reasonable efforts to include accurate and up-to-date
information on the Site, Amcor Design makes no warranties or representations as
to the Site's accuracy. Amcor Design assumes no liability or responsibility for
any errors or omissions in the content on the Site.
Limitation of
Liability
Amcor Design 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. Amcor Design 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, Amcor Design 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), Amcor Design'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 New York, NY. 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 Amcor Design until accepted by Amcor Design. Terms
of payment are within Amcor Design's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date of
the invoice. Amcor Design 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 Amcor Design
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
30 Days Money-Back
Original shipping charges are refunded on returned items. Customers are
responsible for all shipping charges back to Amcor Design on returned items,
and Amcor Design will pay the shipping charges on the replacement or exchange
item(s) going back.
Credit Cards
Credit card charges are processed online after ordering the products and/or
services.