IPEC.COM Conditions of Use
Welcome to International Plastics and Equipment Corp. ("IPEC") and Ipec.com. To use the services offered by IPEC through this Site or any other related sites of IPEC, including but not limited to ipecclosures.com, ipec.biz, ipeccaps.com, ipeccanada.com, ipeccap.com, ipecbenefits.com, ipecinjectionmolding.com, and ipecplastics.com (collectively, Ipec.com and all such related websites referred to herein as "Ipec.com" or "Site"), you must agree to the following Conditions of Use ("Conditions"). If you visit, request a sample or make a purchase at Ipec.com, you accept these conditions. If you do not want to be bound by these Conditions, do not use the Ipec.com site.
These Conditions also incorporate the Privacy Notice set forth below, and IPEC shall have the right at any time and without prior notice, at its sole discretion, to revise these Conditions or to impose new terms and conditions with respect to access to or use of the Ipec.com site. You are responsible for reviewing the Ipec.com site for any modification to these Conditions as they may affect your rights or obligations hereunder.
These Conditions are effective until terminated by IPEC and IPEC may terminate these Conditions without notice and at any time. IPEC shall also have the right without notice and at any time to terminate the Ipec.com site or any portion thereof, or any products or services offered through the Ipec.com site, or to terminate any individual's right to access or use the Ipec.com site or any portion thereof.
In the event of termination, you are no longer authorized to access the Ipec.com site, and the restrictions imposed on you with respect to the Site content, and the disclaimers, indemnities, and limitation of liabilities set forth in these Conditions shall survive such termination.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Ipec.com site including your sample requests and purchase of items on the Ipec.com site.
Electronic Communications: When you visit Ipec.com or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright Protection: All content included on this Site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of IPEC, its affiliates or their content or other third party suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of IPEC or its affiliates and protected by U.S. and international copyright laws.
Protected Trademarks: IPEC and International Plastics and Equipment Corp., and other marks on our Site are registered or common law trademarks of IPEC in the United States. All other trademarks not owned by IPEC or any of its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IPEC or any of its affiliates.
Protected Graphics: Unless otherwise indicated, all Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, trade names or trade dress of IPEC or its affiliates. You may not use trademarks, service marks, trade names and trade dress of IPEC, or any of its affiliates, in connection with any other product or service, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits IPEC or any of its affiliates.
Patents: One or more patents may apply to this Site and to the features, products and services accessible via the Site, including without limitation: U.S. Patent Nos. 5862953, 6024255, 6059134, 6059134, 6070766, 6073809, 6073810, 6305579, 6357628, 6431404, 6769575, 6793082 and all corresponding foreign counterparts.
License and Site Access: IPEC and its affiliates grant you a limited license to access and make personal use of this Site and you agree not to download (other than page caching) or modify the Site, or any portion of it, except with IPEC's express written consent.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without IPEC's express written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IPEC or any of its affiliates without IPEC's prior express written consent.
You may not use meta tags or any other "hidden text" utilizing IPEC's names or trademarks without IPEC's prior express written consent. Any unauthorized use terminates the permission or license granted by IPEC to access this Site.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ipec.com so long as the link does not portray IPEC or any of its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of IPEC or any of its affiliates, as part of the link without IPEC's prior express written consent.
Products and Site Disclaimer
Product Descriptions and Site Content: IPEC attempts to be as accurate as possible with respect to the Ipec.com site. However, IPEC and its affiliates make no warranties that the product representations, descriptions, coloring and any other content of the Site are accurate, complete, reliable, current or error-free. If a product offered at Ipec.com is not as described, your sole remedy is to return it in its unused condition unless you are under a written contractual arrangement with IPEC that expressly states otherwise. You agree to use this Site at your own risk and you understand and acknowledge that this Site may contain inaccuracies and typographical errors. IPEC and its affiliates do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site.
Prices and Orders: All prices displayed on the Ipec.com site are in U.S. dollars. IPEC will add shipping and handling fees and applicable sales/use tax. IPEC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered at Ipec.com without incurring any obligation to you. Products displayed on the Overstock List section of this Site are available while supplies last. Descriptions of, or references to, products or services on the Ipec.com site do not constitute any type of warranty by IPEC.
Your receipt of an order or sample request confirmation does not constitute IPEC's acceptance of your order or sample request. Prior to IPEC's acceptance of an order or sample request, IPEC may require verification of certain information. IPEC reserves the right at any time after receipt of your order or sample request, and for any reason, to accept or decline your order or sample request, or any portion thereof, even after you receive an order or sample request confirmation from IPEC. IPEC reserves the right to limit the order or sample request quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, IPEC has the right to refuse or to cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order in canceled, IPEC shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by IPEC pass to you upon IPEC's delivery of such products to the carrier for shipment unless you are under a written contractual arrangement with IPEC that expressly states otherwise.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY IPEC AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPEC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IPEC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IPEC AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IPEC OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IPEC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. AVAILABILITY OF ANY PRODUCT OR SERVICE CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IPEC AND ITS AFFILIATES SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT OR SERVICE INFORMATION FOR PRODUCTS OR SERVICES OFFERED ON THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IPEC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD AT IPEC.COM. EXCEPT AS EXPRESSLY STATED HEREIN, IPEC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE IPEC.COM SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
UNDER NO CIRCUMSTANCES SHALL IPEC OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE IPEC.COM SITE. IN NO EVENT SHALL IPEC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Indemnification: You agree to defend, indemnify, and hold harmless IPEC and its affiliates and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Ipec.com site. The foregoing indemnification obligation shall survive termination of these Conditions, the Ipec.com site and any product or service provided to you arising out of or relating to your use of the Ipec.com site.
Privacy Notice
IPEC and its affiliates have a strong commitment to providing excellent service to all of their customers, including respecting their concerns about privacy. We understand that visitors to our Site may have questions about whether and how this Site collects and uses information. This statement informs you of the privacy principles that govern Ipec.com. This statement contains numerous general and technical details about the steps we take to respect your privacy concerns. As described in this Privacy Notice, we do not authorize the selling or renting of your personal information to unaffiliated third parties for their business purposes.
By using this Site, you accept the practices described in this Privacy Notice, which is effective as of October 26, 2005, and is a part of the Conditions governing the use of this Site. To the extent we amend our Privacy Notice from time to time, your use of this Site after such amendments constitute acceptance of those amendments going forward.
Browsing and Transaction Processing: As you navigate within our Site, we will be collecting and tracking personal information, either through direct inquiries about you (such as your name, address or e-mail address) or by using data-tracking software which tells us which parts of the Site you have browsed.
In addition, if you make an information request, a product sample request, or purchase any of our products, we will ask you for information such as your name, address, telephone number, financial information, such as your credit card number, and e-mail address to process your request. We will use your personal information to process your requests. This includes contacting you to confirm your request, fulfilling the request and, if applicable, shipping your order.
Protection of Personal Information: When you submit a sample request or purchase products at Ipec.com, all of your personal information is encrypted by a 128-bit SSL certificate from Verisign when it is transmitted to us via the internet. We maintain the servers that store this information in a locked facility with restricted access. We also truncate your credit card to the last four digits when we communicate with you about your order.
Cookies: Our website uses "cookie" technology. "Cookies" are strings of text that a site stores on a user's computer. Cookies enable a website to keep track of a user's preferences and activities relating to that site. Our Site creates and uses a cookie throughout any registration and ordering processes. Session cookies terminate shortly after you close your internet browser. Persistent cookies are stored on your hard drive until they expire or are deleted. Both types of cookies enhance the ability to serve you by recalling information about you such as your password, shopping preferences and shopping cart. If you do not wish to receive these cookies, you may set your browser to reject the cookies (consult the instructions for your particular browser on how to do this), although doing so may affect your ability to perform certain actions on our Site.
Use of Information: We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and strict corporate policies regarding protection and use of confidential information. Because laws applicable to personal information vary by country, our business operations may put in place additional measures that vary depending on the applicable legal requirements. Information is generally processed and stored in the United States, in which data protection laws are not as comprehensive as in the European Union.
In order to process your orders and requests, we may make your name, address, and your e-mail address or telephone number available to other entities such as credit card companies and package delivery services. We may use third parties, consultants and contractors to perform business functions on our behalf, including customer service, account servicing, customer research, marketing, information technology services and records maintenance. We may give these entities access to our customers' personal information to perform these functions for us and do not authorize them to use that information for any other purpose. Additionally, it is possible that IPEC, part of IPEC's business or one of its affiliates could merge with, acquire or be acquired by another business entity and your personal information could be among the assets transferred.
We reserve the right to share personal information about you with our affiliates in the course of our business operations. We also reserve the right to share personal information about you as required by law or in cooperation with legal authorities and to enforce the Conditions of this Site or to protect the rights, property, or safety of IPEC, its affiliates and its customers.
We may also use your personal information, whether obtained through tracking or collection, for direct marketing purposes and to tell you about our products or services, including new product offerings and/or promotions, that we feel may be of interest to you, and we may also share this information with our affiliates from whom we believe you may want to receive information.
Disclosure of Information to Unrelated Third Parties: Except as otherwise set forth herein, IPEC prohibits the sale or transfer of personal information to entities other than its affiliates for their use without your approval.
Links to Other Sites: If you choose to leave the Ipec.com site via links to other non-IPEC sites, including those of advertisers, IPEC and its affiliates are not responsible for the privacy policies or content of those sites, nor are IPEC or its affiliates responsible for the cookies those sites use. Links to other sites operated by third parties do not constitute sponsorship, endorsement, or approval by IPEC of the content, policies, or practices of such linked sites. Unaffiliated linked sites are not operated, controlled, or maintained by IPEC, and IPEC is not responsible for the availability, content, security, policies, or practices of such linked sites, including without limitation their privacy policies and practices. Links to other sites are provided for convenience only, and you access them at your own risk.
Applicable Law
Governing Law: By visiting Ipec.com, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions and disputes of any sort that might arise between you and IPEC or any of its affiliates. You agree that any cause of action arising out of your use of this Site must be commenced within one (1) year after the claim or cause of action arises and you consent to the exclusive venue and jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania with respect to any such claim or cause of action.
Site Policies, Modification, and Severability
IPEC reserves the right to make changes to its Site, policies, and these Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
How to Contact Us: If you have any questions about these Conditions or any privacy concerns please send e-mail to info@ipec.com
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