Terms of Use - CustomCat.com

Terms of Service

PLEASE READ THESE FOLLOWING TERMS AND CONDITIONS OF USE AND NOTICES CAREFULLY BEFORE USING THE CUSTOMCAT WEB SITE. THIS WEBSITE IS PROVIDED BY CUSTOMCAT (HEREIN REFERRED TO AS THE "COMPANY"). BY USING THIS WEBSITE, OR BY OFFERING OR PLACING ORDERS USING THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH HEREIN. ONLY UPON ACCEPTANCE OF THE TERMS CONTAINED HEREIN, WILL YOU BE ENTITLED TO SUBMIT ELECTRONIC ORDERS THROUGH THE WEBSITE. ANY VIOLATION WILL RESULT IN TERMINATION OF YOUR ABILITY TO ACCESS OR YOUR ACCOUNT AS DETERMINED BY THE COMPANY. YOUR USE OF THE WEB SITE, IN ANY MANNER, CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES, AS MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE.

Privacy

Please see the Privacy Policy for disclosures relating to the collection and use of your personal information.

Age

This Website is not intended for persons under 18 years of age.

Account Terms

By using or registering with the Website, you can access or view various product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. The Company will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. The Company reserves the right to refuse registration or cancel an account at any time.

Acceptable Use

The purpose of your use of the Website is limited to viewing and potentially purchasing various consumer products created by third parties. The Company does not create the images or the orders, but provides access of producers for sale.

You shall not do any of the following or permit any other third parties to do any of the following:

(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password;
(e) You will not take any action that infringes or violates someone else's rights or otherwise violates the law;
(f) You will not use our copyrights or Trademarks or any confusingly similar marks with prior written permission, or seek to utilize others copyrights or Trademarks or similar marks without prior written consent;
(g) You will not collect users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
(h) You will not engage in unlawful multi-level marketing, such as a pyramid schemes.
(i) You will not bully, intimidate, or harass any user.
(j) You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory, or that would impair the ability of the Website to function in any manner.

Modification of these Terms & Conditions

The Company reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Payment

You agree to pay the full price for all Products you purchase from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or payment account details for payment of all fees.

Copyright Notice

© 2015 CUSTOMCAT.COM. All rights reserved. All content contained on this web site, including text, graphics, logos, images and software is the property of CUSTOMCAT.COM or its subsidiaries, affiliates or third-party content providers. The compilation of all content on this site is the exclusive property of CustomCat.com. CustomCat's rights are protected by United States and international copyright laws and conventions. The content of the web site may be used only for your personal, non-commercial purposes. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from CUSTOMCAT.COM and/or the copyright owner identified in the individual copyright notice.

Copyright, Ownership and Licenses of Third Party Suppliers

This Website also offers Supplier created imagery and content, that may be Copyrighted, protected and/or Trademarked, including but not limited to: text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software. The data produced and offered by the Suppliers are the sole and exclusive property of these Suppliers and/or the property of the various vendors or Suppliers. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website, whether the Company's content or any of the Suppliers, content, without the prior expressed written consent of the Company and/or the Supplier.

License

The Company grants you a non-exclusive, non-transferable, limited license to access to the Website, but not to modify it, or any portion of it, except with the express written consent of the Company. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website or its contents, without the express written consent of the Company. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

The Company authorizes you to view and potential purchase products available on this Website offered by third-party Suppliers only for your business use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Disclaimer of Warranty/Limitation of Liability:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE COMPANY AND THE WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATIONAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

For your convenience Company may provide, links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Company sponsors, endorses, is affiliated or associated with any linked third party websites.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Oakland or Wayne County, Michigan. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Complaints

If you believe that you are the owner of the copyright or other rights in any material(s) appearing on the Website, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on the Website, please contact us via contact@customcat.net.

Registration

If you register with the Site, you must: agree to the terms of the Registered User Agreement; agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other Users, or to seek to pass yourself off as another User.

Modification of the Web site

We may change, suspend or discontinue any aspect of this web site at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability.

Disclaimers

THIS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CUSTOMCAT.COM ("CUSTOMCAT.COM") AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, CUSTOMCAT.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMCAT.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, OR E-MAILS SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMCAT.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT SHALL CUSTOMCAT.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT CUSTOMCAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEB SITE.

General Provisions

These terms and use of this web site shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to principles of conflict of laws. You consent to exclusive jurisdiction and venue in the state or federal courts in the State of Michigan located within or nearest to Oakland County for any action or proceeding arising out of or relating to these terms or use of the web site. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

This Agreement constitutes the entire agreement between CustomCat.com, LLC with respect to your use of this web site. We reserve the right to make changes to the site, policies and these terms and conditions of use at any time. If for any reason a court of competent jurisdiction finds any provision of the terms, or portion thereof, to be unenforceable, such provision shall be limited or nullified only to the extent necessary to make such provision legal, valid or enforceable, and the remainder of the terms shall continue in full force and effect.