COMPANY
CPAC Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE
(THE "SITE") OPERATED BY CPACINC.com ("CPAC"), 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 CPAC'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 frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and CPACINC.com ("CPAC"). (References to "you" or "your"
shall relate to a customer of CPAC or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references to "CPAC" shall
relate to CPAC, Inc. 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 CPAC 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 CPAC from its offices within the United States. CPAC 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
herin is governed by the laws of the state of California without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in Orange County, California to hear any such claims.
Access, Interference and Linking
CPAC 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 CPAC management.
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 CPAC; 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 CPAC.
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
CPAC, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any CPAC logo or
other proprietary graphic or trademark as part of the link without express
written permission of CPAC management.
CPAC 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 CPAC 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 CPAC management 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 CPAC'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. CPAC logos
are registered trademarks of CPACINC.com Copyright © 2001 CPACINC.com.
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 CPAC 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 CPAC OR A CPAC
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. CPAC
IS NOT RESPONSIBLE FOR TYPO ERRORS. ALL PRODUCT LISTED IS SUBJECT TO PRICE
CHANGE AND AVAILABILITY. CPAC DOES NOT ISSUE “‘RAIN CHECKS” FOR OUT OF
STOCK PRODUCT.
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 CPAC, 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 Orange County, California. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Account and Password
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. CPAC
reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Communications to CPAC
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 CPAC for any purpose, including but not limited
to reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, CPAC is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to CPAC 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:
CPACINC.com
22700 Savi Ranch Parkway, Unit B
Yorba Linda, CA 92887
Telephone: (714) 692-5044
Fax: (714) 692-6680
E-mail: copyright@CPACINC.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.