TERMS AND CONDITIONS
Last Revised: September 15, 2019
1. ACCEPTANCE OF TERMS
This website is owned and operated by Con-Plates, LLC (“we” or “us” or the “Company”). By clicking to accept these Terms and Conditions (the “Agreement”), by using or accessing the www.conplates.com website (the “Website”) or any mobile application (collectively, with the Website, the “Applications”), or by placing an order through the Applications, you agree to the terms and conditions of this Agreement. The Company may, at its discretion, update this Agreement at any time. You can access and review the most current version of the Agreement at the URL for this page or by clicking on the “Terms of Service” link at the bottom of each page of the Applications or as otherwise made available by Company.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY REGISTERING FOR AN ACCOUNT, PURCHASING A PRODUCT, OR OTHERWISE ACCESSING OR USING THE APPLICATIONS, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THIS SERVICE.
You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Applications under the laws of your country of residence or any other applicable jurisdiction.
3. PRODUCTS, SERVICES, AND PRICING
The Company manufacturers certain products, but the Company also distributes products provided by other manufacturers and/or suppliers. As a result, the information provided in the Company’s Applications is for illustrative purposes only, and the delivery, possession of, or access to, any catalog, literature or the Applications does not constitute the right to purchase products.
The Applications contain information on the Company’s products and services, not all of which are available in every location or jurisdiction. A reference to a product or service on the Applications does not imply that such product or service is or will be available in your location. The content of the Applications is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations, and we do not warrant that product or service descriptions or any other content is accurate, complete, reliable, current or error-free.
All prices are listed in U.S. dollars and do not include charges for freight, shipping and handling, for sale/use taxes, or for other government required fees, duties or taxes. You are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate and indicating which products are tax exempt when placing your order.
The Company will attempt to correct errors when they are discovered, but despite our best efforts, some of the products or services listed on the Applications may be unavailable or incorrectly priced. We are under no obligation to provide the product or service to you at the incorrect price, even after we have sent an order receipt or a shipping confirmation e-mail.
INFORMATION REGARDING THE COMPANY’S PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE, SPECIFICATIONS AND COUNTRY OF ORIGIN ARE SUBJECT TO CHANGE WITHOUT NOTICE.
4. PAYMENT METHODS AND BILLING
All payments must be made in U.S. dollars. Customers may make payments by providing valid credit or debit card information, but the Company may allow certain customers to place orders by submitting a Purchase Order Number or on such other terms agreed to by the Company. By submitting credit or debit card information, you give the Company permission to charge your purchases to the card that you designate on the order form. If your credit card or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of products or services that may arise due to any validation checks that may be carried out regarding your payment or identification.
Additionally, you agree to provide to the Company proper authorization as necessary for the Company to request any financial information from third parties. By placing an order via the Website, you agree to assume responsibility for, and you hereby unconditionally guarantee payment of, as provided herein, all purchases made by you. You further agree that you, each organization, entity or company you represent, including their respective subsidiaries and affiliates, are jointly liable for purchases made by you.
You further agree that the Company has the right of set-off and deduction for any sums owed by you to the Company.
5. ORDER ACCEPTANCE
Order receipt, backorder notification and shipment confirmation e-mails are sent to the e-mail address you used to create an account or to place your order. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product, service or pricing information; product or service restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
6. SHIPPING AND HANDLING
Any shipping and handling charge is intended to compensate the Company for the cost of handling your order, packaging the product(s) you have purchased, and delivering products or services to you or to the recipient you designate. Prior to submitting your payment information, you will have the opportunity to review the estimated shipping and handling charge.
Prices stated are FOB origin, freight prepaid to destination specified in the order. Receipts for shipping and handling charges will not be furnished. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery (“Other Freight Services”), including without limitation, expedited same day delivery. Any charges incurred for Other Freight Services must be paid by you.
The Company is not responsible for typographical or other errors in the information you provide when placing your order.
7. TITLE AND RISK OF LOS
Title and risk of loss pass to you upon tender of shipment to the carrier. If product(s) are damaged in transit, your only recourse is to file a claim with the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
8. RETURN POLICY
Returned products must be in original packaging, unused, undamaged, and in saleable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by the Company.
Product returns by customers, if not prohibited above, must be made within thirty (30) days from date of purchase, unless otherwise indicated. The Company does not take title to returned products until the item is received by the Company at the applicable return location.
9. GRANT OF RIGHTS
(A) Subject to your compliance with this agreement in all material respects, company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and view pages from the application for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
(B) To the extent that the applications provide access to any software, applications, modules or other similar components, then, subject to your compliance with this agreement in all material respects, company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by company and only for your personal, non-commercial purposes.
(C) Your access to and use of the service must further comply in all material respects with any usage guidelines posted by company.
(A) You may browse the service without registering, but some features may not be accessible unless you register. in registering for the service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (the "registration data"); and (ii) maintain and promptly update the registration data to keep it true, accurate, current and complete. if you provide any information that is untrue, inaccurate, not current or incomplete, or company reasonably suspects that you have done so, company may suspend or terminate your account.
(B) You are fully responsible for all activities that occur under your account. you may not share your account or password with anyone. you agree to notify company immediately of any unauthorized use of your account or password or any other similar breach of security.
11. RIGHTS TO CONTENT
(A) You acknowledge and agree that company owns all right, title and interest of the content, trademarks, logos, copyrights and other intellectual property available on the applications. you understand that the technical processing and transmission of data associated with the service may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(B) Except as may be expressly permitted by a separate written agreement signed by the company, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any content for your own benefit and not the benefit of the company; (ii) misrepresent any content or service; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the service; or (iv) access the service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the service or any products or services offered by company. company reserves all rights not expressly granted to you.
12. USER CONDUCT
In connection with your access to or use of the Applications, you shall not:
(A) upload, post, email, transmit or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(B) impersonate any person or entity, including, but not limited to, company personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(C) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
(D) act in a manner that negatively affects the ability of other users to access or use the service;
(E) take any action that imposes an unreasonable or disproportionately heavy load on the service or its infrastructure;
(F) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
(G) use spiders, crawlers, robots or any other similar means to access the service or substantially download, reproduce or archive any portion of the service;
(H) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the service, including, but not limited to, your user account and password; or
(I) violate any applicable local, state, federal or international law or regulation.
If you elect to provide or make available to Company any suggestions, comments, ideas, improvements or other feedback relating to the Applications or products sold (“Suggestions”), Company shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
14. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Applications, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are covered by your agreements with those third parties.
15. MODIFICATIONS TO THE SERVICE
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Applications (or any portion thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Applications (or any portion thereof).
You agree to indemnify and hold Company and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Company Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Applications; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
17. TERMINATION AND SURVIVAL
In the event that you violate this Agreement, all rights granted to you under this Agreement shall be terminated immediately, with or without notice, and Company, in its sole discretion, may require you to destroy Company Content. The provisions of this Agreement that should by their nature survive termination of this Agreement shall survive such termination.
18. DISCLAIMER OF WARRANTIES
(A) YOUR USE OF THE APPLICATIONS AND ANY PURCHASED PRODUCTS IS AT YOUR SOLE RISK. THE APPLICATIONS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) COMPANY PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (I) THE APPLICATIONS AND ANY PURCHASED PRODUCTS WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATIONS WILL BE ACCURATE OR RELIABLE.
19. LEGAL DISCLAIMER
LAWS CONCERNING THIS PRODUCT VARY BY STATE AND PROVINCE. YOUR STATE OR PROVINCE MAY PROHIBIT ITS USE ON PUBLIC ROADS OR RESTRICT ITS USE TO NOVELTY PLATES, SHOW CAR USE, OR OFF-ROAD AREAS ONLY. THE MANUFACTURER AND COMPANY ASSUME NO RESPONSIBILITY FOR ANY USE OR APPLICATION OF THIS PRODUCT IN VIOLATION OF ANY APPLICABLE LAW. BEFORE INSTALLING THIS PRODUCT, PLEASE CHECK YOUR STATE OR PROVINCIAL AND LOCAL OR MUNICIPAL LAWS AND REGULATIONS.
20. LIMITATION OF LIABILITY
(A) YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE COMPANY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APPLICATIONS, OR YOUR USE OF ANY PURCHASED PRODUCTS EXCEED $50.
(B) 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 MAY HAVE ADDITIONAL RIGHTS.
21. GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE UNITED STATES FEDERAL ARBITRATION ACT, OTHER APPLICABLE FEDERAL LAWS AND THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
YOU AND COMPANY MAY SEEK INJUNCTIVE RELIEF AND ANY OTHER EQUITABLE REMEDIES FROM ANY COURT OF COMPETENT JURISDICTION TO PROTECT OUR INTELLECTUAL PROPERTY RIGHTS, WHETHER IN AID OF, PENDING OR INDEPENDENTLY OF THE RESOLUTION OF ANY DISPUTE PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH ABOVE.
22. NO THIRD-PARTY BENEFICIARIES
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS CONCLUDED BETWEEN YOU AND COMPANY ONLY AND NOT WITH ANY OF COMPANY’S LICENSORS OR VENDORS (COLLECTIVELY, “OTHER PARTIES”), AND OTHER PARTIES ARE NOT RESPONSIBLE FOR THE APPLICATION AND THE CONTENTS THEREOF. OTHER PARTIES HAVE NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATIONS. COMPANY, NOT OTHER PARTIES, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS FROM YOU OR ANY THIRD PARTY RELATING TO THE APPLICATIONS, YOUR PURCHASE OF ANY PRODUCTS THROUGH THE APPLICATIONS, OR YOUR ACCESS TO OR USE OF THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY CLAIMS, ANY CLAIM THAT THE APPLICATIONS OR THE PURCHASED PRODUCTS FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT AND CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. OTHER PARTIES ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND OTHER PARTIES SHALL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY HEREOF. COMPANY, NOT OTHER PARTIES, SHALL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM ATTRIBUTABLE TO THE SERVICE.
YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THERE SHALL BE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
23. DMCA NOTICE
Claims of Copyright Infringement and Related Issues
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
(A) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
(B) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
(C) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
(D) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable accessto, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates the following elements:
(A) A physical or electronic signature of the poster;
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
(D) Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be by email to email@example.com.
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov.
24. GENERAL PROVISIONS
This Agreement constitutes the entire agreement between you and Company concerning your access to and use of the Applications and the products purchased through the Applications. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this Agreement.