Terms of Use
Wavetex, Inc.
("Wavetex") operates this web site (the "Web Site")
pursuant to agreements with Southwest Metal Finishing Supply Co.
("Southwest Metal").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE
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1.
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Products, Content and
Specifications. All features, content, specifications, products and
prices of products and services described or depicted on this Web Site are
subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The
inclusion of any products or services in this Web Site at a particular time
does not imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item purchased
from this Web Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner.
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2.
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Shipping Limitations.
When an order is placed, it will be shipping to an address designated by the
purchaser as long as that shipping address is compliant with the shipping
restrictions contained on this Web Site. All purchases from this Web Site are
made pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of the items to
the carrier. You are responsible for filing any claims with carriers for
damaged and/or lost shipments.
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3.
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Accuracy of Information.
Wavetex attempts to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this Web Site
may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or currentness of any
information on this Web Site. For example, products included on the Web Site
may be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Web Site. In
addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by email, the
receipt of an email order confirmation does not constitute our acceptance of
an order or our confirmation of an offer to sell a product or service. We
reserve the right, without prior notice, to limit the order quantity on any
product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or shipment
of any order.
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4.
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Use of this Web Site.
The Web Site design and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this Web Site are either
the property of, or used with permission by, Wavetex or Southwest Metal and
are protected by copyright, trademark and other laws and may not be used
except as permitted in these Terms and Conditions or with the prior written
permission of the owner of such material. You may not modify the information
or materials located on this Web Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use any such materials for any
public or commercial purpose. Any unauthorized use of any such information or
materials may violate copyright laws, trademark laws, laws of privacy and
publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
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5.
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Trademarks. Certain
trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service
marks of Wavetex and its affiliates. Other trademarks, trade names and
service marks used or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks of their respective
owners, including Southwest Metal and its affiliates. Nothing contained on
this Web Site grants or should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks, trade
names, service marks or logos displayed on this Web Site without the written
permission of Wavetex or such third party owner.
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6.
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Linking to this Web Site.
Creating or maintaining any link from another Web site to any page on this
Web Site without Wavetex's prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site in frames
or through similar means on another Web site without Wavetex's prior written
permission is prohibited. Any permitted links to this Web Site must comply
will all applicable laws, rule and regulations.
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7.
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Third Party Links.
From time to time, this Web Site may contain links to Web sites that are not
owned, operated or controlled by Wavetex, Southwest Metal, or their
affiliates. All such links are provided solely as a convenience to you. If
you use these links, you will leave this Web Site. Neither Wavetex, Southwest
Metal nor any of their affiliates are responsible for any content, materials
or other information located on or accessible from any other Web site.
Neither Wavetex, Southwest nor any of their affiliates endorse, guarantee, or
make any representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such Web
sites, or the results that you may obtain from using such Web sites. If you
decide to access any other Web site linked to or from this Web Site, you do
so entirely at your own risk.
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8.
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Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate any
law. In addition to any remedies that Wavetex and Southwest Metal may have at
law or in equity, if Wavetex or Southwest reasonably determines that you have
violated or are likely to violate the foregoing prohibitions, Wavetex or
Southwest Metal may take any action they reasonably deem necessary to cure or
prevent the violation, including without limitation, the immediate removal
from this Web Site of the related materials. Wavetex and Southwest Metal will
fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing Wavetex or Southwest Metal to disclose the
identity of anyone posting such materials.
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9.
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User Information.
Other than personally identifiable information, which is subject to this Web
Site's Privacy Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication
you transmit or post to this Web Site in any manner ("User
Communications") is and will be considered non-confidential and
non-proprietary. Wavetex, each of its affiliates and/or their designees may
use any or all User Communications for any purpose whatsoever, including,
without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes. Wavetex may,
but is not obligated to, monitor or review any User Communications. Wavetex
shall have no obligations to use, return, review, or respond to any User
Communications. Wavetex will have no liability related to the content of any
such User Communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. Wavetex retains the right to remove
any or all User Communications that includes any material Wavetex deems
inappropriate or unacceptable.
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10.
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DISCLAIMERS. YOUR USE
OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WAVETEX,
SOUTHWEST METAL NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE
MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND
NEITHER WAVETEX, SOUTHWEST NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR
ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WAVETEX AND SOUTHWEST HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS
WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WAVETEX AND
SOUTHWEST HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
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11.
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LIMITATIONS OF LIABILITY.
Neither Wavetex nor Southwest Metal assumes any responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing this Web Site or your downloading of any
materials, from this Web Site. IN NO EVENT WILL WAVETEX, SOUTHWEST, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS
FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF
SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON THIS WEB SITE.
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12.
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Revisions to these Terms
and Conditions. Wavetex may revise these Terms and Conditions at any time
and from time to time by updating this posting. You should visit this page
from time to time to review the then current Terms and Conditions because
they are binding on you. Certain provisions of these Terms and Conditions may
be superseded by expressly designated legal notices or terms located on
particular pages at this Web Site.
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13.
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Choice of Law;
Jurisdiction. These Terms and Conditions supersede any other agreement
between you and Wavetex to the extent necessary to resolve any inconsistency
or ambiguity between them. This Web Site is administered by Wavetex from its
offices in Texas. These Terms and Conditions will be governed by and
construed in accordance with the laws of the state of Texas, without giving
effect to any principles of conflicts of laws. Any action seeking legal or
equitable relief arising out of or relating to this Web Site shall be brought
only in the courts of Texas or the United States District Court of Texas. A
printed version of these Terms and Conditions shall be admissible in judicial
and administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
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14.
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Termination. You or we
may suspend or terminate your account or your use of this Web Site at any
time, for any reason or for no reason. You are personally liable for any
orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect of
this Web Site at any time without notice.
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15.
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Additional Assistance. If you do not understand any
of the foregoing Terms and Conditions or if you have any questions or
comments, we invite you to call our customer service department 903-509-4500.
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