ACCEPTANCE OF CONTRACT TERMS
Aluma Tower Company, Inc. provides certain website features and other products and services to you when you visit www.alumatower.com or use Aluma Tower Company, Inc. mobile applications, software or services or when you receive or use any of Aluma Tower Company, Inc.’s printed catalogs or purchase any product from Aluma Tower Company, Inc. (each of the foregoing is singly a “Service” and collectively, the “Services”). By purchasing products or using any of the other Services, you agree that you have read, understood, and agree to be bound by all of the provisions set forth herein and the terms and conditions on any quotation, order acknowledgment, invoice, or other form you receive from Aluma Tower Company, Inc., all of which constitute a single agreement between you and Aluma Tower Company, Inc. (collectively, the “Terms and Conditions”). The Terms and Conditions constitute the exclusive agreement between you and Aluma Tower Company, Inc. with respect to the Services and the content accessed through the Services ( the “Content”); provided, however, that if you access the Services by a mobile application, that access shall also be subject to the terms of the end user license agreement associated with the mobile application (in the case of the Aluma Tower Company, Inc. iPad app, the Apple® Licensed Application End User License Agreement). To the extent of any conflict between the Terms and Conditions and the end user license agreement for a mobile application, the Terms and Conditions shall govern. 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. If any provision of the Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
EFFECTIVE DATE AND CHANGES IN TERMS
The Terms and Conditions are effective as of the version date set forth at the end of the Terms and Conditions. We reserve the right to change the Terms and Conditions at any time by providing notice to you, and your use after any change signifies your acceptance of the changed terms. That notice may be given by making a revision to the Terms and Conditions and changing the version date shown below.
GRANT OF LIMITED USE LICENSE
Aluma Tower Company, Inc. grants you a limited, nonexclusive, non-transferable license to access and use the Services and the Content only in accordance with and for the purposes set forth in the Terms and Conditions. You do not have permission to access or use the Services or the Content in any way or for any purpose that involves a violation of the Terms and Conditions. You may only use Aluma Tower Company, Inc.’s website, mobile applications, other electronic media authorized by Aluma Tower Company, Inc. and Aluma Tower Company, Inc.’s printed catalogs to access the Content of Aluma Tower Company, Inc., Aluma Tower Company, Inc. retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
The Services and the Content are only for your use in deciding whether to purchase products from us and in purchasing products from us. All title, ownership, and other rights in and to the Services and Content are owned, or licensed from a third party, by Aluma Tower Company, Inc.. Any unauthorized use, change of information, or interference with the availability of or access to or proper working of any part of the Services or the Content or security measures is prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting, or redirecting of the Content is prohibited. Even if permitted by us, downloading CAD models, software or any other information does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any of the Content or Services are prohibited. Using scripts, bots, spiders, other indexing agents or any other device to copy any of the Content is prohibited. The use of any technology or other means to hide your identity when using the Services is also prohibited. You agree you will impose only that load on Aluma Tower Company, Inc.’s servers that 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 Aluma Tower Company, Inc.. 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. Aluma Tower Company, Inc reserves the right to regulate all content provided by third parties, but we are not responsible for that content. When participating in interactive portions of the Services or the Content, 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: (i) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (ii) you will not upload viruses or harmful components; (iii) you will not use the Services or the Content to further any unlawful purpose or to violate the rights of any person or entity; and (iv) you will not provide content for a commercial purpose.
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse, except that, with respect to sales into Canada as to which we act as importer of record, the place of delivery (but not the place where title or risk of loss pass) is the shipping destination specified in the purchase contract. Published prices don’t include taxes, duties, or shipping and may be changed without notice. Open accounts are available on approval. Payment on open accounts is due within 30 days of shipment, net 30 days, less 2% for payment within 10 days of shipment. Visa, MasterCard, and American Express are accepted for orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject or cancel orders. Applicable law may prevent the sale of some products in your area.
If your shipment appears damaged, don’t pay the freight charges unless the damage is marked on the bill by the carrier. To return a product, send it to the nearest Aluma Tower Company, Inc. location. To exchange a product, return the product and place a new order. No return authorization is required. We do not take title to returned items until the item arrives at our facility. You will be given credit upon receipt of the material.
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. Some states do not allow exclusions or limitations of implied warranties, so the foregoing limitation may not apply to you and you may have additional rights.
Information about products is as provided by our supplier. We make no warranty or representation concerning that information and will have no liability therefor . SOME PRODUCTS SOLD BY US CONTAIN INGREDIENTS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. UPON REQUEST, WE WILL FURNISH YOU WITH MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS SUBSTANCES AS DEFINED BY OSHA AND A LIST OF PRODUCTS OR SUBSTANCES KNOWN BY THE STATE OF CALIFORNIA TO CAUSE CANCER OR REPRODUCTIVE HARM.
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 our Sales Department.
SALES OR USE TAX YOU MAY OWE TO YOUR STATE
Aluma Tower Company, Inc. collects sales tax, where appropriate, from customers in California, Georgia, Illinois, Ohio, and New Jersey. Each State is governed by specific requirements for sales/use tax. Please reference www.alumatower.com/tax or the appropriate department in your State, if applicable.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE 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. THE SERVICES AND THE CONTENT ARE 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 THE SERVICES. YOU AGREE TO HOLD ALUMA TOWER COMPANY, INC. HARMLESS FROM, AND YOU COVENANT NOT TO SUE ALUMA TOWER COMPANY, INC. FOR, ANY CLAIMS BASED ON USE OF THE SERVICES OR THE CONTENT.
LIMITATION OF LIABILITY AND REMEDY
UNDER NO CIRCUMSTANCES SHALL ALUMA TOWER COMPANY, INC. 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 OF THE CONTENT OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except to the extent otherwise explicitly provided in the Terms and Conditions, your only recourse with respect to claims related to purchased products is the right to return the products and obtain a refund of the purchase price. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR CONTENT OR, WITH RESPECT TO A CLAIM RELATING TO ANY ONE OR MORE PRODUCTS PURCHASED FROM US, THE PURCHASE PRICE OF THE PRODUCTS THAT GIVE RISE TO THE CLAIM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.
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 damages, losses and costs incurred from a failure by you to comply with any law or the Terms and Conditions or from any unlawful use by anyone of any product ordered by you. To the extent the indemnification provisions in the Terms and Conditions are inconsistent with the federal Anti-Deficiency Act, such provisions will be deemed to be inapplicable to any sale made by Aluma Tower Company, Inc. to a government agency to which the Anti-Deficiency Act applies.
This policy is intended to help you understand how our company collects, uses, and safeguards the information you provide through the Services. 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. Some of the Services may collect your IP address or domain name for administration purposes. We may also request personal information from you if you submit comments to us through any of the Services. Our mobile applications do not collect precise information about the location of your mobile device. 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 related to the Services will remain secure. If we become aware of a security breach involving such data, Aluma Tower Company, Inc. 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. The Services are not intended for use by, and Aluma Tower Company, Inc. 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 the Services, whether to submit personal information or otherwise. Some of the Services contain links to websites or other content sources which are not under the control of Aluma Tower Company, Inc.. We are not responsible for the privacy practices of any linked site or content source.
SECURITY AND COOKIES
The security of your information is important to us. When you use some of the Services, including by a mobile application, we can identify you in later visits by looking for a cookie. A cookie is a small text file stored on your computer or mobile device. Cookies are commonly used to retain and speed the transfer of information for online services. The file does not contain any personal information and cannot be used to harm or access information on your computer or mobile device. If for any reason you do not wish to take advantage of cookies when accessing our website you can set your web browser to refuse to accept them. You can delete any related cookie on your mobile device by uninstalling the mobile application. If you use the Services from a device 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 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 through electronic Services. 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. Our website 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 website, you can change your security preference for our website on the settings page.
TRADEMARKS AND COPYRIGHTS
Aluma Tower Company, Inc.® is registered trademarks of Aluma Tower Company, Inc. Trademarks, brands, and names identified with products sold through the Services are the property of their respective owners, not Aluma Tower Company, Inc. Unless otherwise indicated, all Content is subject to a copyright owned by Aluma Tower Company, Inc. Supply Company, all rights reserved. Except as expressly permitted by us, nothing in the Terms and Conditions confers any license in any property right, including without limitation any right in any trademark or copyright of Aluma Tower Company, Inc. or any third party. Please contact our Sales Department if you desire information to confirm any product certifications referenced in the Content.
JURISDICTION AND CHOICE OF LAW
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed in Florida, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to Florida law, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Vero Beach, Florida in connection with any action arising out of or related to the Terms and Conditions or the Services or the Content. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.
VERSION DATE: NOVEMBER 16, 2015