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Binding contract between you and ~_Imperial Distributors_ YOU MUST
READ AND ACCEPT THESE TERMS AND CONDITIONS BEFORE COMPLETING THIS
SALE. By clicking the "I ACCEPT" button you are hereby agreeing to
be legally bound by the terms and conditions contained herein (the
"Agreement").
If you do not agree with all of the following terms and conditions
we will not sell you any products. DISCLAIMER
1. Imperial Distributors total and absolute liability as
pertaining to anything associated with this contest shall be the
cost of the product bought. This limitation to liability stands even
if Imperial Distributors is negligent, grossly negligent or even
acted in a malicious fashion. WE DO NOT ACCEPT ANY LIABILITY NOR
PROVIDE ANY WARRANTIES FOR ANYTHING, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
We are putting this term in so you know and accept this limit of
liability. We believe all of our products are of the highest
quality.
2. If customer uses a product then it may not be returned.
3. THIS SITE AND ALL PRODUCTS ARE PROVIDED AS IS AND AS
AVAILABLE. NO GUARANTEES OF ANY SORT ARE MADE PERTAINING TO TIME OF
SHIPPING OR THAT THE PRODUCT WILL FUNCTION IN ANY PARTICULAR MANNER.
YOU ARE USING THIS SITE AND BUYING ALL PRODUCTS AS IS!
4. Any disputes associated with this contest, which Imperial
Distributors cannot decide, shall be submitted to confidential
binding arbitration in Montgomery County Maryland under the
expedited rules of the American Arbitration Association with. If
Imperial Distributors wins any such arbitration the loser of such
arbitration shall pay all of Imperial Distributors losses,
including, but not limited to attorney's fees, filing fees, actual
or consequential damages. Conversely, if Imperial Distributors loses
the arbitration arbitrator may not award any more then the actual
cost of the product over which the dispute has been filed or if it
does not pertain to a product, then liquidated damages will be $200.
Customer hereby absolves Imperial Distributors of any and all other
types of liability either listed or not listed herein.
5. Any and all taxes not collected at the time of the sale are
the sole responsibility of the customer.
6. Customer agrees to not use the Imperial Distributors website
or this contest in any way that could damage, disable, overburden,
or impair any Imperial Distributors site or service or interfere
with any other party's use and enjoyment of same. Customer may not
attempt to gain unauthorized access to the Imperial Distributors
Website, other accounts, computer systems or networks connected to
Imperial Distributors Website, through any means.
7. CUSTOMER SPECIFICALLY AGREES NOT TO: Distribute content
intended to harass, abuse, threaten, impersonate any other
individual or entity, and disseminate obscene, defamatory, indecent,
harmful, libelous, and or unlawful material/information; Use the
site or services for commercial purposes; Transmit or upload
programs or material that contain harmful programs; Transmit or
upload any material that contains software or other material that is
protected by Int. Prop. laws and / or would infringe upon rights of
privacy or publicity of a third party unless user owns or controls
the rights thereto or has received a license, permission and / or
consent thereto. Try to gain unauthorized access to the services;
other users' accounts, or computers connected to the Services though
password mining or other means; Interfere with another user's use
and enjoyment of the site or services or any other individual's user
and enjoyment of similar services.
8. Imperial Distributors may terminate the user's access to the
Imperial Distributors 's site and any services, at any time with or
without cause. Imperial Distributors shall not be liable to user or
any other party for termination of the Services and all terms found
herein are non-negotiable. Customer agrees that Imperial
Distributors is not liable for failure to monitor or edit messages
placed on the site or via any of its services. Imperial
Distributors does not endorse the content of customer's
communications and does not assume liability for any action by any
other customer.
9. All content included on this site, including, but not limited
to text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of
Evileds.com or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on
this site is the exclusive property of Evileds.com and protected by
U.S. and international copyright laws. All trademarks used on this
site are the exclusive property of Evileds.com.
10. Evileds.com grants you a limited license to this site for
the purpose of buying products. You may not use this site for any
other purpose commercial or non-commercial. Use of our company name
or website or any of our other intellectual property wrongfully
shall be prosecuted to the fullest extent of the law.
11. All items purchased from Evileds.com are made via a shipment
contract which means that the risks of loss, damage or title for all
items pass to you when we deliver the product to the carrier.
12. Miscellaneous:
a. Headings. The article and section headings and the table of
contents are for reference and convenience only and shall not be
considered in the interpretation of this Agreement.
b. Intellectual Property. Nothing in this agreement shall
constitute the assignment of any patents, trademarks, copyrights,
trade secrets or other Int. Prop. of either party to the other.
c. Severability. If any provision of this Agreement is held by
a court of competent jurisdiction to be contrary to law, then the
remaining provisions of this Agreement will remain in full force and
effect.
d. Waiver. No delay or omission by either party to exercise any
right or power it has under this Agreement shall impair or be
construed as a waiver of such right or power. A waiver by any party
of any breach or covenant shall not be construed to be a waiver of
any succeeding breach or any other covenant. All waivers must be in
writing and signed by the party waiving its rights.
E. Entire Agreement. This Agreement is the entire agreement
between the parties with respect to its subject matter, and there
are no other representations, understandings or agreements between
the parties relative to such subject matter.
F. Governing Law. This Agreement shall be governed by, and
construed in accordance with, the laws of Maryland, without regard
to principles of conflict of laws and all disputes shall be venued
in Montgomery County, Maryland.
13. PATENT, TRADEMARK & COPYRIGHT NOTIFICATION PROCEDURES- If
you believe that any of your Intellectual Property has been used or
posted on the Imperial Distributors Website please notify us at:
Imperial
Distributors
4623 Chadsworth Way
Ellicott City, MD 21043
Phone:(410) 461-6518
FAX: (410) 461-6518
In your complaint you must include the following:
1. Your full name and if applicable, the name of the business
entity represented.
2. Your mailing address and if applicable, the mailing address of
the business entity represented.
3. Your daytime telephone number.
4. Your email address, if any.
5. A detailed description or identification of the material
and/or name in which exclusive rights are claimed.
6. The basis for asserting ownership or exclusive rights in the
material and/or name.
7. All URLs where the material and/or name is located.
8. Print the following at the bottom of the complaint just above
your signature: "[I, ________________ the person identified above]
or [I ________________ am authorized to act on behalf of
______________], by submitting this notification of infringement to
IMPERIAL DISTRIBUTORS ~, under penalty of perjury and to the best of
my knowledge I swear that all information contained herein is true
and is not false or misleading."
9. The material must be submitted to IMPERIAL DISTRIBUTORS ~ by
at least two (2) of the above methods if one (1) method is via email
or fax.
We certify that we will look into the matter and notify you within
ten (10) business days if the material is going to be taken down.
Our policy on this matter is to do an initial investigation and if
the person placing the material on the site cannot immediately prove
that they own said Intellectual Property to take down said material.
The matter will then be fully investigated. Please be aware false
allegations of such a matter will be prosecuted to the fullest
extent of the law including all criminal and civil actions that can
be taken. Please be VERY sure before making such an allegation.
14. PRIVACY - If you have questions or concerns regarding this
statement, you should first contact us at
4623 Chadsworth
Way
Ellicott City, MD 21043
Phone:(410) 461-6518
FAX: (410) 461-6518
Personal information is information that includes a person's name,
address, telephone number, date of birth and/or email address or any
other information that would allow someone to identify or contact
you. We can gather information on our users via voluntary
submissions and cookies. We reserve the right to collect such
information for our own purposes, including, but not limited to,
statistical information and for advertising purposes. We will not
sell or provide this information to third parties unless you
specifically allow us to when you provide the information. However,
we may provide non-identifiable consumer data to third parties. The
information you provide will not be supplemented or modified in any
way, nor will it leave our agent's server other then for archival
purposes and is accessible only to our employees and our agent's
employees or subcontractors who have need of such access. Said
server is secured with a firewall preventing any third party
intrusion. Please also be aware that we are associated with an ISP,
~ NAME AND ADDRESS~ all of which have their own privacy policies for
which we can not be responsible. Our ISP is not allowed to use any
of the information to which it has access for any of its own
purposes other then for tracking line usage for billing purposes.
If we decide to change our privacy policy, we will post those
changes to this privacy statement, the homepage, and other places we
deem appropriate so our users are always aware of what information
we collect, how we use it, and under what circumstances, if any, we
disclose it. If, however, we are going to use users' personally
identifiable information in a manner different from that stated at
the time of collection we will notify users via email.
Please note, all of said Personally Identifiable Information and /
or Third Party Personally Identifiable Information provided is
subject to disclosure pursuant to judicial or other government
subpoenas, warrants, or orders. Additionally, all information
disclosed in a public forum, such as bulletin board or chat room, is
considered public information and is in the public domain.
15. What we DO NOT have control over - This Web site contains
links to other sites. Please be aware that Imperial Distributors is
not responsible for the privacy practices of such other sites. We
encourage our users to be aware when they leave our site and to read
the privacy statements of each and every Web site that collects
personally identifiable information. This privacy statement applies
solely to information collected by this Web site.
Thank you very much for your time reading this binding contract and
please have fun with our site.
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