Terms of Use
Last Update: July, 2024
I. Acceptance of the Terms
The following terms and conditions, (these “Terms”) are entered into by and between you and Ring’s End Inc. (“Ring’s End,” “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website, https://www.ringsend.com (the “Site”) including any content, functionality, and your purchase or use of products and services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).
Please read these Terms carefully before you start to use the Site. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound and abide by these Terms, including any other terms and policies applicable to the Services that are incorporated herein by reference, including Ring’s End’s Privacy Policy. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
In addition to these Terms, your use of the Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). To the extent that there is an express conflict between these Terms and any Additional Terms you and the Company have agreed to in connection with any Services, the Additional Terms shall govern with respect to the conflict.
We reserve the right at any time, with or without notice, to modify terminate the Services or any portion thereof.
We reserve the right to update and revise these Terms at any time and at our sole discretion. We’ll make sure to also change the “Last Update” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the Terms, as updated, so please review these Terms regularly. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
II. Privacy Policy
Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at https://ringsend.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review the Privacy Policy carefully before agreeing to these Terms.
III. Access to Services
By accessing the Services, you warrant that:
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You are legally capable of entering into binding contracts;
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All registration information you submit is truthful and accurate;
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You will maintain the accuracy of such information;
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You are at least 18 years of age or you are at least 13 years of age and a parent or guardian knows of, consents to, and is supervising your access to and use of the Services and
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Your use of the Services does not violate these Terms or any applicable law or regulation.
IV. Access to Services; Account Registration
To access certain Services and to save your user preferences, such as your order history, you must register with the Site and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to provide the information to the Site. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any Services is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
You should not share your Account information. You should not use another person’s Account or registration information for the Services and shall not do so without the Account owner’s permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
We have the right to disable your Account or prohibit the use of any particular user name, password or other identifier, whether chosen by you or provided by us, at any time, at our sole discretion, and for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You can always delete your Account by emailing us at websales@ringsend.com.
V. Payment Processer; Third Party Service Provider
We use Authorize.net (https://www.authorize.net/) to process payments for purchases made using the Services. In the course of your use of the Services, Authorize.net may receive credit card information from you. In addition, Authorize.net may receive updated credit card information from your credit card issuer in order to prevent your payment from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Authorize.net at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer for more information. We are not responsible for any fees or other charges incurred due to payments made using the Services.
VI. Online Account Payments
You authorize (1) Ring’s End, Incorporated; or any of its subsidiaries, and its designated Financial Agents to initiate a Direct Payment (automatic withdrawal) from the financial institution account designated in this transaction for payment of my (Statement Balance / Current Balance), and (2) my financial institution to debit the entry to my account.
You understand that if Ring’s End, Incorporated does not receive full and timely payment of my (Statement Balance / Current Balance), you will remain liable for the balance outstanding and all applicable interest, penalty, and return item charges. Note: In some instances, your account will be debited on the next business banking day.
VII. Merchandise
The Site may provide listings, descriptions, and images of goods and services available for purchase (“Products”). Such Product listings, descriptions, and images may be prepared by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products that may be used by or come in contact with children; however, these Products are intended for sale to adults. Ring’s End is not responsible for and shall not be liable to you for content on the Site that you find to be offensive, indecent, or objectionable.
Ring’s End is not responsible for and cannot guarantee the performance of goods and services provided by third parties. While our goal is to provide accurate information, Product packaging and material may contain more and/or different information than that provided on the Site, including the product description and other information. Always read labels, warnings, directions, and other information provided with the Product before using the Product. For additional information about a Product, please contact the manufacturer. If you find a Product is not as described, your sole remedy is to return it in unused condition (excluding Products that are not eligible for return), in accordance with Ring’s End’s return policy (see below). It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
VIII. Order Acceptance and Billing
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in the cancellation of your order, in addition to all other legal remedies. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Ring’s End may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Product(s) you order, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped.
Ring’s End reserves the right, at our sole discretion and without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Ring’s End also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, a “Dealer” or “Reseller” is defined as a user of the Service who is purchasing or intending to purchase any Product(s) from Ring’s End for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
IX. Pricing Information; Availability
Ring’s End cannot confirm the price or availability of an item until after your order is placed; pricing or availability errors may occur on the Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Ring’s End. Ring’s End may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for Products listed on the Site may vary from prices available in Ring’s End physical locations.
X. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice and at our sole discretion. We also reserve the right to impose conditions on the offering of any promotional code.
XI. Changing Fees and Charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.
XII. Cancellations by the Company
We may suspend or terminate your use of the Services for any reason and at our sole discretion, including for example as a result of your fraud or breach of any obligation under these Terms or your violation of any law. Such termination or suspension may be immediate and without notice.
XIII. Eligibility; User Restrictions
We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services. Individuals under the age of 18 (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services. Individuals under the age of 13 may not use or access the Service.
Your access and use of the Service must comply with all applicable laws of your jurisdiction, including U.S., state, and local laws. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. Those who do not meet the eligibility requirements outlined in these Terms may not use or access the Services. Ring’s End reserves the right to deny access or use of the Services for any reason, at our sole discretion, even if you meet all eligibility requirements. We may also change our eligibility criteria from time to time, without notice or consent and at our sole discretion.
XIV. Use of the Services; Restrictions on User
We may from time to time develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion and without notice or consent. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You may not use any of Ring’s End’s proprietary information or materials in any way whatsoever except for permitted use of the Services pursuant to these Terms. No portion of the Services may be reproduced in any form or by any means.
The Services sold on the Site are for your personal use only. You may not transfer, assign, sell or resell any Services you purchase or receive from the Company. We may reject or cancel an order if we have reason to believe, at our sole discretion, that your order is not for your personal use.
XV. Return Policy
Certain Products, in original units or full packages, will be accepted for credit or exchange when returned in good condition within 30 days of purchase, AND ACCOMPANIED BY ORIGINAL SALES TICKET. A restocking charge will be assessed by the Company on all returned goods. No special orders will be accepted for return or credit, including but not limited to tinted paint products. Paint Products offered on our website are for final sale, and we will not accept returns.
Descriptions of Products contained within the Site shall not constitute product labeling. You should use all Products in accordance with the instructions contained on the cartons and labels found on those Products.
XVI. Mobile Terms of Service
The Ring's End mobile message service (the "MMS") is operated by Ring's End (“Ring's End”, “we”, or “us”). Your use of the MMS constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the MMS or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the MMS following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Ring's End’s MMS, you agree to receive recurring SMS/text messages from and on behalf of Ring's End through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ring's End. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the MMS at any time. Text the single keyword command STOP to +18336470751 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ring's End mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For MMS support or assistance email websales@ringsend.com.
We may change any short code or telephone number we use to operate the MMS at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the MMS are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the MMS, any errors in such information, and/or any action you may or may not take in reliance on the information or MMS.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
XVII. Promotions
We may offer promotional codes, discounts, offers, sweepstakes, contests, and other promotional offers (collectively, “Promotions”). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). See the rules or terms of each Promotion for applicable limitations, restrictions, expiration dates and other terms. We reserve the right to change or cancel a Promotion at any time for any reason without notice. Promotions may not be sold, copied, transferred, and are not redeemable for cash unless expressly permitted.
XVIII. Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
XIX. Links to Third Party Websites
We may provide links to third-party websites or services for you to access. You acknowledge that your access of third-party websites is at your sole discretion and for your information only. We do not review or endorse any third-party websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods, or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
XX. Third-Party Materials and Content
You understand that the Services may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party web sites (“Third Party Materials”). In consideration of the Company allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services in connection with any Third Party Materials.
Use of any third-party trademarks or third-party content on or in connection with the Services does not constitute an affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third-party trademarks or content, which shall remain the property of their respective owners.
XXI. Intellectual Property
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, functionality, trademarks, service marks, displays, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from the Company not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with these Terms. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
XXII. License
Your use of the Services is predicated upon Ring’s End granting you a non-exclusive, non-assignable, limited license to use the Services in accordance with these terms, which license we may modify or terminated at any time, for any reason, without notice, and at our sole discretion. Upon termination of this license, your right to use the Services and all other licenses and rights granted to you in these Terms are terminated. We reserve the right to refuse access to and use of the Services to any person who fails to comply with any provision of these Terms or for any other reason, at our sole discretion.
XXIII. Warranty Disclaimers; Limitation of Liability
The Services are provided “as is” and without warranty of any kind unless otherwise expressly indicated, to the Services extent permitted by law, the Company disclaims all representations and warranties, express or implied, relating to the Services or any content on the Services, whether provided or owned by the Company or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, you assume total responsibility and risk for your use of the Services and the Company does not make any representation or warranty that any of the Services or any content available through any of the Services is accurate, complete, available, current, free of viruses or other harmful components or defects, or that the Services will meet your requirements. No advice or information, whether oral or written, obtained by you from Company shall create any warranty not expressly made herein.
In no event whatsoever shall the Company, its affiliates, or suppliers, or their respective officers, employees, shareholders, agents, or representatives, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (arising under tort, contract, or other law) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. You understand and agree that the download of any materials in connection with the Services is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result from the download or upload of any material. Company neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the Services. If, notwithstanding the other provisions of these terms, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of any Services, the Company’s liability shall in no event exceed the greater of (1) the total of any fees paid by you to Company in the six (6) months prior to the date the claim is asserted for any of the Services or feature relevant to the claim, or (2) US$500.00.
These disclaimers and limitations of liability are made to the fullest extent permitted by law.
XXIV. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.
XXV. Data Security
The Company uses its best efforts to maintain the security of all information you provide through your use of and access to the Services. However, attacks on network security are ever-evolving, and we cannot guarantee the security of your information and will not be liable for any data breach. Accordingly, you acknowledge that your information may not be secure and you agree not to institute legal proceedings against Ring’s End or its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, service providers, successors, or assigns for any data breach.
XXVI. Maintenance
You acknowledge and accept that the Site may not be available or accessible during scheduled downtimes for maintenance and during other service interruptions. The Company is not liable for any damage or loss incurred during such downtimes and interruptions.
XXVII. No Special Relationship
Nothing in these Terms or your use of and access to the Services shall be construed so as to create a fiduciary, confidential, or other type of special relationship. Likewise, nothing in these Terms or your access to and use of the Services shall be construed so as to create a joint venture, partnership, agency, or employment relationship.
XXVIII. Governing Law
No matter where you’re located, the laws of the State of Connecticut will govern these Terms and the relationship between you and the Company as if you signed these Terms in Connecticut, without regard to Connecticut’s conflict of law rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Connecticut for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
XXIX. Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, validity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. Any such arbitration shall be seated in Connecticut.
XXX. Severability
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
XXXI. Headings
The headings contained in these Terms are for convenience of reference only and shall not affect the construction of any provision of this Agreement.
XXXII. Force Majeure
Delay in delivery or non-delivery in whole or in part by the Company shall not be a breach of this sale if performance is made impracticable by the occurrence of any one or more of the following contingencies, the non-occurrence of which is a basic assumption on which the agreement is made: (a) fires, floods, or other casualties; (b) wars, riots, civil commotion, embargoes, governmental regulations or martial law; (c) the Company's inability to obtain necessary materials (finished or otherwise) from its usual sources of supply; (d) shortage of cars or trucks or delays in transit; (e) existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of the Company or employees of others and regardless of responsibility or fault on the part of the employer; and (f) other contingencies of manufacture or shipment, whether or not of a class or kind mentioned herein and not reasonably within Company's control.
XXXIII. Assignment
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
XXXIV. No Waiver
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
XXXVI. Taxes
You shall pay to the Company the amount of any and all taxes, excises or other charges which the Company may be required to pay or to collect for any government, national, state or local, upon, or measured by the production, sale transportation, delivery or use of the merchandise sold hereunder.
XXXVII. Warranty
The Company agrees that any merchandise delivered hereunder found to be defective in material or workmanship will be repaired or replaced by the Company without additional charge for the merchandise. This warranty is made in lieu of any other warranties or conditions including merchantability or fitness for a particular purpose. The remedies under this warranty are exclusive and by accepting this merchandise you agree to these conditions and waive any other warranties conditions expressed or implied. All claims for damaged or defective material must be made within 5 days and we are limited to the purchase price of the materials sold or the replacement thereof at our option. We are not responsible for extra costs, indirect damages or consequential damages.
You assume all risk and liability with respect to results obtained by the use of such merchandise whether used alone or in a combination with other products. No claims of any kind whatsoever, whether based on breach of warranty, the alleged negligence of the Company, or otherwise, with respect to merchandise delivered or for failure to deliver any merchandise shall be greater in amount than the purchase price hereunder of the merchandise in respect of which damages are claimed; and failure of you to give written notice claim within 30 days after delivery of merchandise shall constitute a waiver of you of all claims with respect to such merchandise.
XXXVIII. Terms and Conditions to Govern
THESE TERMS CONSTITUTE THE ENTIRE CONTRACT WTH RESPECT TO THE SALE AND PURCHASE OF THE MERCHANDISE PURCHASED ON THE SITE. No modification of this sale shall be effected by the acceptance or acknowledgement of purchase order forms specifying different conditions, and no modifications shall be effective unless in writing signed by the party claimed to be bound thereby.
XXXIX. Delivery and Acceptance of Title of Goods
Title to the materials shall pass from the Company to you upon delivery thereof to you or your agent and thereafter shall be your risk. Claims for shortages, breakages or for any nonconformance with the terms and conditions of the order shall be noted on the Company's delivery receipt by you at the time of delivery, otherwise, the Company shall not be responsible for any such claims. If delivery is by common carrier, delivery by the Company to the carrier at point of origin shall constitute delivery to you and thereafter the shipment shall by at your risk, and claims for loss or damage must be filed by you against the carrier. Title to goods loaded onto your conveyance at the Company's warehouse passes to you at the Company's loading dock. If upon delivery at job site, there is not present at the job site your employee authorized to accept delivery and sign a delivery document evidencing delivery of materials as listed on this invoice document, then the Company reserves the right to deposit the material at the delivery area previously designated by you without obtaining a signed receipt therefore, you agree to liability for payment of this invoice as if it were signed by your authorized employee, unless you have previously instructed the Company not to deposit material at the designated delivery area without obtaining a signed delivery receipt from your authorized employee.
XL. Delivery
All deliveries are priced and understood to be on a first floor/tailboard delivery basis.
XLI. Finance
All bills are payable on the 10th of the month following billing date and are past due after 30 days. Past due accounts are subject to a FINANCE CHARGE of 1 ¼% PER MONTH on the past due unpaid balance (which is an ANNUAL PERCENTAGE of 15%)
XLII. Materials Safety Data Sheets (MSDS)
The occupational safety and Health Administration Hazard Communication Standard, the Superfund Amendments and Reauthorization Act of 1986 and many state right-to-know laws require that a material safety data sheet (MSDS) be provided with products containing hazardous chemicals. As a manufacturer, importer or distributor, you are required by law to ascertain which of your products require an accompanying MSDS and provide such. As a condition of this sale, you expressly warrant that you will comply with the provisions of the foregoing right-to-know-laws.
XLIII. Hazard Communication Label
Alkaline Copper Quaternary (ACQ) Pressure Treated Wood Hazard warnings for treated wood are similar to those for untreated wood.
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Airborne wood dust can cause respiratory, eye, and skin irritation.
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Breathing excessive amounts of treated or untreated wood dust (primarily hardwood) has been associated with nasal cancer in some industries.
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Handling may cause splinters.
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High airborne levels of wood dust may burn rapidly in the air when exposed to an ignition source.
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Some forms of components of the liquid preservative used to manufacture this product (arsenic and chromium) have caused lung, skin, and possibly other cancers in humans occupationally or environmentally overexposed. SUCH EXPOSURES HAVE NOT OCCURRED WITH TREATED WOOD.
NOTE: Consult the Material Safety Data Sheet for additional information on this product. This information is designed to address the label requirements of the OSHA Hazard Communication Standard with respect to treated lumber.
XLIV. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other countries). - For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate
content, asking for personally identifiable information, or otherwise. - To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or
any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
(including, without limitation, by using email addresses or user names associated with any of the foregoing). - To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may
harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the
Site, including their ability to engage in real time activities through the Site. - Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or
copying any of the material on the Site. - Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in
these Terms of Use, without our prior written consent. - Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is
stored, or any server, computer, or database connected to the Site. - Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
XLV. Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us[,/ and] solely with respect to the content they are displayed with[,] [and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or
in-line linking. - Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
XLVI. Geographical Restrictions
The owner of the Site is based in the State of Connecticut in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
XLVII. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
XXXV. Comments, Concerns and Complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to websales@ringsend.com.