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Use of this site, and the terms and conditions
for the sale of any goods and services, is governed by the following
Terms & Conditions. By using this Web site you acknowledge that
you have read the Terms & Conditions and the disclaimers and
caveats contained in this Web site, and that you accept that use
of the Site will be bound by the terms thereof.
e-counters.com Copyright
All
screens, including graphics, text elements and this notice, that
are displayed in normal operations of this Web server are Copyright
© 2003 e-counters.com, LLC, unless otherwise specified. All
rights reserved.
Trademarks
e-counters.com
is the trademark or registered trademark of e-counters.com, LLC.
All other trademarks, product names and company logos mentioned
herein remain the trademarks of their respective owners.
Endorsement
Descriptions
of, or references to, products or publications within the e-counters.com
service does not imply endorsement of that product or publication.
e-counters.com makes no warranty of any kind with respect to the
subject matter included herein, the products listed herein, or the
completeness or accuracy of this Web site.
Hyperlinks
This
site contains links to other Internet sites. Such links are not
endorsements of any products or services found on such sites, and
no information on such site has been endorsed or approved by e-counters.com,
LLC.
Cancellation of Orders
e-counters.com reserves the right to cancel any order placed on the e-counters.com
Web site at any time and for any reason. In the event such an order is cancelled by
e-counters.com, your credit card account will be credited with a refund provided you
have not received any goods or services at the time of cancellation. You may cancel an
order for a custom installed project without charge at any time prior to one business
day before an e-counters.com representative is scheduled to arrive at your residence or
other location where the goods are to be installed to verify your measurements. In such
event your credit card account will be credited with a refund. You also may cancel your
order after an e-counters.com representative has arrived at your residence or other
location where the goods are to be installed to verify your measurements, but prior to
your signing a Fabrication Authorization Form, and in such an instance a
cancellation-after-measurement fee will be assessed in the amount of $150 or the Trip
Fee amount, whichever is greater. After signing the Fabrication Authorization Form,
orders for custom installed projects cannot be cancelled.
Warranties
THE
SERVICE AND CONTENT FROM OR THROUGH THIS WEB SITE ARE PROVIDED "AS-IS"
AND "AS AVAILABLE," AND E-COUNTERS.COM DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
E-COUNTERS.COM WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY
KIND ARISING OUT OF OR RESULTING FROM POSSESSION OR USE OF THIS
WEB SITE (INCLUDING DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE)
OR SOFTWARE PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED
IN TORT, CONTRACT OR OTHERWISE. THE REMEDIES AVAILABLE UNDER THESE
TERMS AND CONDITIONS ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO EVERYONE. ALL WARRANTY CLAIMS SHALL BE MADE DIRECTLY
TO THE DISTRIBUTOR, FABRICATOR OR MANUFACTURER PROVIDING GOODS OR
SERVICES.
Restricted Rights Leyend
Use,
duplication, or disclosure by the United States Government is subject
to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and
FAR 52.227-19.
Limitation of Advice
This
service is designed to provide accurate and authoritative information
with respect to the subject matter covered. It is provided with
the understanding that e-counters.com is not engaged in rendering
legal, accounting, or other professional services. If legal advice
or other expert assistance is required, the services of a competent
professional should be sought.
Errors, Omissions, and Changes
While
e-counters.com attempts to ensure the accuracy of any materials
presented within this Web site, e-counters.com makes no warranties
or representations as to its accuracy, and the user is warned that
this service could include typographical errors, technical inaccuracies,
and/or other errors or omissions. e-counters.com reserves the right
to make improvements and/or changes in this service at any time,
and we reserve the right to make changes to our site and these disclaimers,
terms and conditions at any time. Any list prices are the prices
provided to e-counters.com by our distributors, and are periodically
updated. In the event that a product is listed at an incorrect price
or with other incorrect information due to a typographical or other
error, e-counters.com has the right to refuse or cancel any orders
placed for the product listed incorrectly. e-counters.com has the
right to refuse or cancel any such orders, whether or not the order
has been confirmed and/or your credit card has been charged. If
your credit card has been charged for the purchase and your order
is canceled, e-counters.com shall issue a credit to your credit
card account in the amount of the charge. If a product offered by
e-counters.com is not as described, your sole remedy is to return
it to e-counters.com for a refund.
Fraud
In
the event e-counters.com determines, in its sole discretion, that
an order may be fraudulent, we reserve the right to refuse or cancel
any such order, for any reason, at any time, and whether or not
the order has been confirmed and/or a credit card has been charged.
If a credit card has already been charged for the purchase and the
order is canceled, e-counters.com shall issue a credit to the credit
card account in the amount equal to the charge.
Applicable Law
This
site is created and controlled by e-counters.com, LLC, in the State
of Minnesota, USA, and it can be accessed from all 50 states and
the District of Columbia, as well as from other countries around
the world. Because the laws of these other places may be different
from Minnesota law, by accessing this Web site you and e-counters.com
agree that the laws of the State of Minnesota will apply to all
matters relating to use of this Web site, without regard to conflicts
of laws principles. You and e-counters.com also agree and submit
to the exclusive personal jurisdiction and venue of the State and
Federal Courts found in Hennepin County, Minnesota, with respect
to such matters. e-counters.com makes no representation that materials
on our Web site are appropriate or available for use in other locations,
and accessing them from territories where their contents are illegal
is prohibited. If you choose to access this Web site from other
locations you do so on your own initiative and are responsible for
compliance with any applicable local laws.
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