TERMS AND CONDITIONS
ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the "Terms and Conditions"), all of which constitute an agreement between you and Carbon XL LLC. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from Carbon XL LLC are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and Carbon XL LLC, except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
These Terms and Conditions are effective as of April1, 2011. We reserve the right to change them by posting a revision on this web site.
WEB SITE USE
GRANT OF LIMITED USE LICENSE
Carbon XL LLC grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. Carbon XL LLC retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by Carbon XL LLC. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, downloading illustrations, software or any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of Carbon XL LLC. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. Carbon XL LLC reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don't include taxes, duties or shipping and may be changed without notice. Visa, MasterCard, PayPal and American Express are accepted for telephone, web site and fax orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
If your shipment appears damaged, don't pay the freight unless the damage is marked on the bill by the carrier. Call or email us for a return authorization number, (RMA). Returns shipments must be prepaid.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). Upon request, we will provide you with origin information. If you require other information or have other special needs, please contact Sales and Customer Service.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THIS WEB SITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD CARBON XL LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE CARBON XL LLC FOR, ANY CLAIMS BASED ON USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CARBON XL LLC BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
This policy is intended to help you understand how our Company collects, uses and safeguards the information you provide on our web site. It does not apply to the use or disclosure of information that is collected or obtained by us through other means. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. When you place an order for a product, we need to know your name, e-mail and mailing addresses, and your billing information so that we can fill, confirm and ship your order, and notify you of your order status. This site may collect your IP address or domain name for site administration purposes. We may also request personal information from you if you submit comments to us through our web site. We don't rent, sell or otherwise distribute to others any information about our customers, except that we may provide your personal information to companies engaged to deliver your order. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet is not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third party activities, we cannot guarantee that data on our site will remain secure. If we become aware of a security breach involving this web site, Carbon XL LLC will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement. This site is not intended for use by, and Carbon XL LLC does not intend to collect personal information from, children under 13 years of age. Children under 13 years of age are directed not to use this site, whether to submit personal information or otherwise. Our web site contains links to web sites which are not under the control of Carbon XL LLC. We are not responsible for the privacy practices of any linked site.
The security of your information is important to us. When you visit Carbon-xl.com, we may be able tell if you're using the same computer that you've used during a previous visit by looking for a cookie. A cookie is a small text file stored in a temporary folder of your web browser. Cookies are commonly used to retain and speed the transfer of information between web sites and personal computers. The file does not contain any personal information and cannot be used to harm or access information on your computer. If you have a cookie, you will be able to see your personal account information. If for any reason you do not wish to take advantage of cookies, you can have your browser refuse to accept them. If you visit us from a different computer that does not have your cookie or you have deleted your cookie, you can retrieve your personal information by providing your e-mail address or user name. If you are coming from a different network than you have used in the past, we will prompt you for your password so that we can verify your identity. Whenever we transmit your credit card information over the Internet, we use the industry standard Secure Socket Layer (SSL) encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed on our web site. When you use a saved credit card, we only include the last four digits of the credit card number on the order page so that you can tell which credit card you used. You cannot edit your credit card number online. You can only change the nickname for the card and the expiration date. Our web site displays pages in multiple frames. Most web browsers will only light up their security light if all of the visible pages are being encrypted. To make things quicker for your web browser, we only encrypt the frame that contains the sensitive information. If your company has security guidelines that require you to provide a user name and password before gaining access to your personal account information on a web site, you can change your security preference on the settings page.
TRADEMARKS AND COPYRIGHTS
Carbon XL is a trademark of Carbon XL LLC. Trademarks, brands and names identified with products sold on this web site are the property of their respective owners, not Carbon XL LLC. Unless otherwise indicated, all material on this site is subject to a copyright owned by Carbon XL LLC, all rights reserved. Except as expressly permitted by us, nothing on this web site confers any license in any property right, including without limitation, any right in any trademark or copyright of Carbon XL LLC or any third party.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona applicable to contracts made and to be performed in Arizona, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Yavapai County, Arizona, in connection with any action arising out of or related to these Terms and Conditions or this web site. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.