Terms of Use
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this Web
Site are subject to change at any time without notice. Certain weights,
measures and similar descriptions are approximate and are provided for
convenience purposes only. We make all reasonable efforts to accurately display
the attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services in this Web Site at a particular time does not
imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in regard
to the possession, use and sale of any item purchased from this Web Site. By
placing an order, you represent that the products ordered will be used only in
a lawful manner. All videocassettes, DVDs and similar products sold are for
private, home use (where no admission fee is charged), non-public performance
and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipping to an
address designated by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained on this Web Site. All
purchases from this Web Site are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
Free Freight and the $6.50 charge applies to Continental US only,
Alaska, Hawaii, and locations outside of the Continental US regular Air Freight
charges apply.
Accuracy of Information. Colonial attempts to ensure that information on this
Web Site is complete, accurate and current. Despite our efforts, the
information on this Web Site may occasionally be inaccurate, incomplete or out
of date. We make no representation as to the completeness, accuracy or
currentness of any information on this Web Site. For example, products included
on the Web Site may be unavailable, may have different attributes than those
listed, or may actually carry a different price than that stated on the Web
Site. In addition, we may make changes in information about price and
availability without notice. While it is our practice to confirm orders by
email, the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any customer. We
also may require verification of information prior to the acceptance and/or
shipment of any order.
Use of this Web Site. The Web Site design and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this
Web Site are either the property of, or used with permission by, Colonial or
DSG and are protected by copyright, trademark and other laws and may not be
used except as permitted in these Terms and Conditions or with the prior
written permission of the owner of such material. You may not modify the
information or materials located on this Web Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use any such materials
for any public or commercial purpose. Any unauthorized use of any such
information or materials may violate copyright laws, trademark laws, laws of
privacy and publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks, trade
names and service marks of Colonial and its affiliates. Other trademarks, trade
names and service marks used or displayed on this Web Site are the registered
and unregistered trademarks, trade names and service marks of their respective
owners, including DSG and its affiliates. Nothing contained on this Web Site
grants or should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademarks, trade names, service
marks or logos displayed on this Web Site without the written permission of
Colonial or such third party owner. VELCRO® is a registered trademark of Velcro
Industries B.V.
Linking to this Web Site. Creating or maintaining any link from another Web
site to any page on this Web Site without Colonial's prior written permission
is prohibited. Running or displaying this Web Site or any material displayed on
this Web Site in frames or through similar means on another Web site without
Colonial's prior written permission is prohibited. Any permitted links to this
Web Site must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by Colonial, DSG, or their
affiliates. All such links are provided solely as a convenience to you. If you
use these links, you will leave this Web Site. Neither Colonial, DSG nor any of
their affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither Colonial,
DSG nor any of their affiliates endorse, guarantee, or make any representations
or warranties regarding any other Web site, or any content, materials or other
information located or accessible from such Web sites, or the results that you
may obtain from using such Web sites. If you decide to access any other Web
site linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that Colonial and DSG may have at
law or in equity, if Colonial or DSG reasonably determines that you have
violated or are likely to violate the foregoing prohibitions, Colonial or DSG
may take any action they reasonably deem necessary to cure or prevent the
violation, including without limitation, the immediate removal from this Web
Site of the related materials. Colonial and DSG will fully cooperate with any
law enforcement authorities or court order or subpoena requesting or directing
Colonial or DSG to disclose the identity of anyone posting such materials.
User Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner ("User
Communications") is and will be considered non-confidential and
non-proprietary. Colonial, each of its affiliates and/or their designees may
use any or all User Communications for any purpose whatsoever, including,
without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner whatsoever
for any or all commercial or non-commercial purposes. Colonial may, but is not
obligated to, monitor or review any User Communications. Colonial shall have no
obligations to use, return, review, or respond to any User Communications.
Colonial will have no liability related to the content of any such User
Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Colonial retains the right to remove any or
all User Communications that includes any material Colonial deems inappropriate
or unacceptable.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES
PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
Colonial, DSG NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND
SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER Colonial,
DSG NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DIStrIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
Colonial AND DSG HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, Colonial AND DSG HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO
THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL trADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Neither Colonial nor DSG assumes any responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Web Site or your downloading of
any materials, from this Web Site. IN NO EVENT WILL Colonial, DSG, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR trANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONtrACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
Revisions to these Terms and Conditions. Colonial may revise these Terms and
Conditions at any time and from time to time by updating this posting. You
should visit this page from time to time to review the then current Terms and
Conditions because they are binding on you. Certain provisions of these Terms
and Conditions may be superseded by expressly designated legal notices or terms
located on particular pages at this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other
agreement between you and Colonial to the extent necessary to resolve any
inconsistency or ambiguity between them. This Web Site is administered by
Colonial from its offices in Pennsylvania. These Terms and Conditions will be
governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania, without giving effect to any principles of conflicts of laws. Any
action seeking legal or equitable relief arising out of or relating to this Web
Site shall be brought only in the courts of the Commonwealth of Pennsylvania or
the United States District Court of Pennsylvania. A printed version of these
Terms and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of
this Web Site at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior to
termination. We reserve the right to change, suspend, or discontinue all or any
aspect of this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and
Conditions or if you have any questions or comments, we invite you to call our
customer service department at 1-866-290-5334.
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