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TERMS AND CONDITIONS
Use
of this website and/or any other sites owned or operated by eOrders, LLC
(the “Sites”) is governed by the policies, terms and conditions
set forth below. Please read them carefully. If you visit, shop or place
an order on any Site, you accept these terms and conditions.
Copyright
and Trademark Notice:
Unless otherwise specified, all materials appearing on the Sites, as well
as the selection, assembly and arrangement of such materials, are the
sole property of eOrders, LLC (“eOrders”) and/or its merchants,
sponsors or licensors and are protected by United States and international
copyright laws. You are hereby granted a non-exclusive license to view
and print the contents of the Sites (the “Content”) for your
personal use only. Except as expressly provided herein, all rights in
the Content and the Sites are reserved.
Terms
with Respect to Orders:
Ordering.
All orders of goods through the Sites are subject to approval and acceptance
by the applicable merchant of such goods. Acknowledgment of an order by
the Sites does not by itself constitute acceptance of the order.
Changes.
You may not cancel an order after the applicable merchant has accepted
the order. If you wish to change an order, you may do so in a timely manner
using the “Contact Us” section of the applicable Site or by
calling the merchant directly. Such changes are subject to the merchant’s
acceptance, in its sole discretion. Acknowledgment of a requested change
by the Sites does not itself constitute acceptance of the change.
Duplicate
Orders. Each Site is designed to give you opportunities to review
and confirm orders before they are finalized. If you duplicate an order
by completing this process more than once, or by placing an order both
through a Site and through another method, you will be responsible for
the price of the duplicate orders, unless the applicable merchant agrees
otherwise.
Pricing.
The price for goods ordered through the Sites shall be as posted
on the applicable Site when eOrders receives your order. eOrders reserves
the right to change prices or specifications from time to time. eOrders
also reserves the right to correct errors in prices or specifications
at any time. Neither eOrders nor any of its merchants have any obligation
to accept or fulfill any orders based on erroneous prices or specifications,
and we reserve the right to revoke acceptance of any such orders.
Taxes
and Delivery Charges. Unless otherwise stated on the applicable
Site, prices shown on the Sites do not include sales or other taxes or
delivery charges. Any applicable taxes and delivery charges will be added
to the price at the time of pickup or delivery.
Payment.
All payments for goods ordered through the Sites must be made either by
credit card on the Site or at the time of pickup or delivery.
Delivery
Times. Delivery times are approximate.
Limited
Warranty:
You expressly agree that your use of the Sites is at your own risk. eOrders
does not warrant that your use of the Sites will be uninterrupted or error-free;
nor does it make any warranty as to the accuracy, reliability or currency
of any information or Content available on or through the Sites.
THE SITES
AND THE CONTENT THEREOF ARE PROVIDED ON AN “AS IS, AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
All goods
offered for sale on and/or through the Sites are offered by, and sales
will be made directly by, eOrders’ merchants. You agree to look
solely to the merchant of those goods with respect to any and all claims
concerning such goods. EORDERS DOES NOT MAKE ANY WARRANTIES OF ANY KIND,
AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)
WITH RESPECT TO THE GOODS OFFERED FOR SALE ON AND/OR THROUGH THE SITES.
IF EORDERS
CANNOT LAWFULLY DISCLAIM ANY OF THE WARRANTIES DISCLAIMED ABOVE, ALL SUCH
WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES AND/OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation
of Liability:
UNDER NO CIRCUMSTANCES SHALL EORDERS OR ITS AFFILIATES BE LIABLE FOR ANY
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM
YOUR USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO
ANY DAMAGES DIRECTLY OR INDIRECTLY RELATING TO GOODS ORDERED OR OBTAINED
FROM THE SITES, EVEN IF EORDERS WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Export:
The U.S. export control laws regulate the export and reexport of goods,
services and technology originating in the United States. You agree not
to transfer, by electronic transmission or otherwise, any Content derived
from the Sites to either a foreign national or a foreign destination in
violation of such laws. eOrders makes no representation that the Sites
or the Content are appropriate or available for use in locations outside
the U.S., and accessing them from territories where such access is illegal
is prohibited.
Online
Conduct:
You agree to use the Sites only for lawful purposes. All users are prohibited
from posting on or transmitting through the Sites any unlawful, harmful,
threatening, abusive, defamatory, obscene or otherwise objectionable material
of any kind. eOrders reserves the right to remove any Content that it
deems in its sole discretion to be a violation of any law or of these
Terms and Conditions. eOrders may elect to electronically monitor the
user-submit areas of the Sites and may disclose any Content, records or
electronic communication of any kind (i) to satisfy any law, regulation
or government request; (ii) if such disclosure is necessary or appropriate
to operate the Sites; or (iii) to protect the rights or property of eOrders,
its users, merchants, sponsors or licensors.
Notwithstanding
the foregoing, eOrders is not responsible for screening, policing, editing
or monitoring the Content. Neither eOrders, its affiliates, nor any of
their respective merchants, sponsors or licensors shall be liable for
any action or inaction with respect to conduct, communication or Content
on the Sites.
Violations;
Indemnification:
eOrders may terminate your access to or use of the Sites, without notice,
for any conduct that eOrders, in its sole discretion, believes is in violation
of any applicable law or these Terms and Conditions, or is harmful to
the interests of any third party. You agree, at your own expense, to indemnify,
defend and hold harmless eOrders, its affiliates and their respective
officers, managers, members, employees, agents, merchants, sponsors and
licensors from and against any and all claims which may be asserted against
such parties, and all damages incurred by them, as a result of your use
of the Sites and/or any violation of these Terms and Conditions.
Choice
of Law and Forum:
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the Commonwealth of Pennsylvania without regard to its
rules regarding conflicts of law. You expressly agree that the state and
federal courts located in the Eastern District of Pennsylvania shall have
exclusive jurisdiction over all claims arising out of these Terms and
Conditions and your use of the Sites, and you irrevocably submit to the
personal jurisdiction of such courts.
Severability:
If any provision of these Terms and Conditions is held to be illegal,
unenforceable or in conflict with any law of a federal, state or local
government having jurisdiction over this Agreement, the remaining portions
or provisions will not be affected, but will continue in full force and
effect.
Entire
Agreement:
This Agreement represents the entire understanding between you and eOrders
regarding your use of the Sites and supersedes any prior statement or
representations.
Amendment:
eOrders may modify these Terms and Conditions from time to time in its
sole discretion, without notice to you. Your right to access the Sites
is conditioned on an ongoing basis with your compliance with the then-current
version of these Terms and Conditions. Your continued access and/or use
of the Sites after revision or modification of these Terms and Conditions
shall constitute acceptance by you of all such revisions and modifications.
596933.2 8/11/03
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