2. Charges, Billing and Payments
2.11 Refunds and Returns
3. Intellectual Property Rights
4. Consumer Conduct
5. Disclaimer of Warranties
6. Additional Disclaimers
7. Limitations of Liability
8. General Provisions
AGREEMENT TO TERMS and CONDITIONS OF USE
The terms and conditions of use (Terms and Conditions) specified herein govern the use of www.mattingexperts.com (Website) and the services provided through the Website by MattingExperts.com Corporation (Matting Experts), which owns and operates the Website, (collectively, Website Services). Please read these Terms and Conditions carefully. By using the Website Services, you shall have affirmed consent to all of the Terms and Conditions specified herein and your agreement to be bound by them. As such, these Terms and Conditions represent a binding agreement between you and Matting Experts.
1.1.1 Consumer means any individual or entity that visits the Website. Where applicable, the term Consumer shall encompass all customers.
1.1.2 Customer means any Consumer who uses the Website Services or purchases products through the Website or the Website Services.
1.1.3 Matting Experts Trademarks means any trademarks, trade names, logos, and other commercial designs of Matting Experts, whether or not formal registration exists.
1.1.4 Manufacturer means any party who sells or offers for sale goods for purchase through the Website or Website Services.
1.1.5 Website Material means all of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services.
1.2 By entering and using the Website and the Website Services, you agree to be bound by these Terms and Conditions.
1.3 All parties explicitly agree that the use of the Website and Website Services shall be pursuant to these Terms and Conditions. Matting Experts shall not be bound by any additional or different terms provided by any Consumer or Customer.
1.4 The Terms and Conditions shall be considered and construed as a binding agreement between you and Matting Experts.
1.5 The Terms and Conditions comprise the entire agreement between you and Matting Experts, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you apply for and use the Website Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms and Conditions.
1.6 These Terms and Conditions contain disclaimers (including Sections 5, 6, and 7) as well as exclusive remedy provisions (including Section 6).
1.7 Modifications to Terms and Conditions.
1.7.1 Because the Internet remains a dynamic communications forum and the laws on Internet and online commerce remain just as dynamic, the Parties understand that Matting Experts may alter, amend, change, waive, terminate or modify any term in this Agreement at any time provided that:
188.8.131.52 Should Matting Experts alter, amend, change, waive, terminate or modify any term contained within these Terms and Conditions, it shall provide notice by:
(a) Posting the new Terms and Conditions to the Website, particularly MattingExperts.com;
(b) Electronic mail or other means pursuant to Section 8.11 of these Terms and Conditions; and/or
(c) As otherwise required by law.
184.108.40.206 Upon Notice, any Customer may either elect to terminate use of the Website and Website Services, or to accept the altered, amended, changed, waived, terminated or modified Terms and Conditions.
220.127.116.11 Should the Customer accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Customer's use of the Website and Website Services shall proceed under the new Terms and Conditions;
18.104.22.168 Further, should the Customer accept the altered, amended, changed, waived, terminated or modified Terms and Conditions, the Customer shall execute any document presented to the Customer memorializing such acceptance. However, the absence of such a document shall not affect the enforce-ability of and Matting Experts's reliance upon Customer's acceptance.
1.8 Apart from receiving notice from Matting Experts, you agree to review the Terms and Conditions and the relevant rules and regulations periodically to be updated of any such changes.
1.9 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages (bookmarking), may under certain circumstances result in the bypass of links to the Terms and Conditions. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website and Website Services constitutes acceptance of the Terms and Conditions.
1.10 Please note that your continued use of the Website and Website Services following the changes of the Terms and Conditions constitutes acceptance of all such changes.
2. Charges, Billing and Payments
2.1 Matting Experts reserves the right to choose the forms of payment accepted for the Website Services, refuse select forms of payment, and refuse service to anyone.
2.2 Matting Experts presently accepts checks, money orders and credit card payments for consumers. Matting Experts will allow on account sales for government organizations and companies with whom Matting Experts has developed, in its sole discretion, solid business relationships.
2.3 Pricing . Prices remain subject to change without notice. If an order is made after a change in price but prior to the change being published on the website, Matting Experts will attempt to reach the customer and will not complete the order prior to obtaining customer approval.
2.4 Product Detail . When placing an order, Matting Experts recommends that you pay close attention to the various options and features available. You should complete as much information as possible, including fields that may not be required to complete the transaction.
2.5 No Minimum Order. At present, Matting Experts does not require a minimum order.
2.6 Prior to shipping any items, Matting Experts reserves the right to (a) hold all payments by check for ten (10) days and/or (b) ensure that payments by credit card have cleared.
2.7 International Orders. Customer shall be responsible for all money transfer fees and any applicable taxes and/or duties imposed on ordered products.
2.8 Insufficient Funds. Matting Experts will apply an additional fee of $39.00 to any payments (regardless of form) returned or otherwise not accepted for insufficient funds.
2.9 Timeliness of Payments. Payments must be made on a timely basis. Should Matting Experts fail to receive the full amount of your payments when due, you shall be liable for all attorney and collection fees incurred through efforts to collect any unpaid payments owed by you. Additionally, Matting Experts shall charge 20% APR on invoices that remain unpaid for 20 days or more. You (and you alone) are responsible for all charges associated with connecting to Matting Experts.
2.10 Chargebacks. Should your bank implement a chargeback occurring from or relating to a payment by you to Matting Experts, Matting Experts reserves the right to terminate your shipment immediately, assess any fees incurred by Matting Experts, and proceed with collection of any amounts due.
2.11 Refunds and Returns.
2.11.1 To return a product, you must obtain Matting Experts' approval within seven (7) days of receiving the product.
2.11.2 Returnable Items.
22.214.171.124 Standard stock items in new saleable condition will be accepted for return .
126.96.36.199 Custom sizes, cut lengths, logo mats and all other special order products cannot be returned. They are non-refundable and non-returnable.
2.11.3 Return Costs.
188.8.131.52 In all cases, the Customer shall be responsible for all return shipping costs.
184.108.40.206 All return shipping costs must be prepaid. Matting Experts will not accept return shipments COD.
220.127.116.11 The Customer shall also be charged a 15-20% restocking fee, in addition to actual shipping expenses, depending on the product.
2.11.4 Defective or Damaged Products. If a product is defective or damaged upon arrival to the Customer, Matting Experts will replace the item at no charge. However, the Customer must inspect the product before accepting delivery. If the product is defective or damaged, the Customer must refuse it. Any damages or shortages should be documented on the freight bill and must be reported to Matting Experts within 5 business days.
2.11.5 The Customer shall return any items to the shipping location identified on the Return Goods Authorization. The Customer shall not return items to Matting Experts, unless the item(s) were shipped by Matting Experts from its location. Failure to do so will incur a transportation fee deducted from the credit.
2.11.6 All returns must identify the RMA number obtained from Matting Experts visibly on all returned boxes.
2.11.7 PLEASE NOTE that there may be slight variations in color between images displayed and found online, samples sent to the Customer, and the actual product received. These variations do not constitute defects or damages, and may be returned subject to the restocking fee and shipping charges specified above.
3. Intellectual Property Rights
3.1 Copyright. All of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services (Website Material) is either owned by or licensed to Matting Experts.
3.1.1 All Website Material is proprietary and constitutes valuable intellectual property.
18.104.22.168 All Website Material is copyrighted and protected under treaty provisions and worldwide copyright laws.
22.214.171.124 The Website Material, including that which is transmitted via the Website Services, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from Matting Experts.
3.1.2 Pursuant to the Terms and Conditions, Matting Experts provides a limited license to Consumers to view, print, and download materials on the Website and/or through the Website Services for reasonable use.
3.1.3 Manufacturers of products sold through Matting Experts (Manufacturers) may link to the Website from their own websites, subject to and solely for the duration of the applicable agreement between Matting Experts and the Manufacturer.
3.1.4 Consumers may not frame any elements of this Website with any other website.
3.2.1 Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Matting Experts Trademarks displayed on the Website without Matting Experts' prior permission.
3.2.2 All goodwill generated from the Matting Experts Trademarks will inure solely to its benefit.
3.2.3 All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Matting Experts.
3.2.4 Matting Experts reserves the right to restrict the use of its name, system, and logo.
4. Consumer Conduct
4.1 The Website and Website Services shall be used for lawful purposes only.
4.2 Matting Experts reserves the right to refuse its Website Services to anyone should it believe that the Website Services have been or are being used for any unlawful purpose and take any further action as permitted by law.
4.3 The Website and Website Services shall not be used for any of the following:
4.3.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
4.3.2 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
4.3.3 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Matting Experts in its sole discretion;
4.3.4 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any materials advertising any business other than Matting Experts;
126.96.36.199 Matting Experts maintains a strict policy forbidding any spam or misuse of email services within its Website or Website Services.
4.3.5 Seeking to obtain private financial information from any Consumer; and/or
4.3.6 Attempting to access the accounts of others or interfere with Matting Experts' security measures.
4.4 Consumers shall provide Matting Experts timely written notice of any error, omission or violation of any third party of any kind, immediately upon learning of same.
5. DISCLAIMER OF WARRANTIES
5.1 THE WEBSITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
5.2 MATTING EXPERTS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
5.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
188.8.131.52 THE WEBSITE/WEBSITE SERVICES; OR
184.108.40.206 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
5.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
5.2.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
220.127.116.11 THE CONTENTS;
18.104.22.168 THE FUNCTIONING OF; OR,
22.214.171.124 THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE WEBSITE/WEBSITE SERVICES;
5.2.4 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
5.2.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF MATTING EXPERTS IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
5.3 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
5.4 THESE DISCLAIMERS APPLY TO ALL MERCHANDISE ORDERED AND/OR PURCHASED FROM THE WEBSITE AND/OR WEBSITE SERVICES.
6. ADDITIONAL DISCLAIMERS
6.1 Third Party Links and Products.
6.1.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, MATTING EXPETS MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
6.1.2 MATTING EXPERTS HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
6.1.3 MATTING EXPERTS IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
6.1.4 MATTING EXPERTS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6.1.5 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
6.1.6 MATTING EXPERTS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
6.1.7 MATTING EXPERTS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES' POLICIES AND TERMS.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT WILL MATTING EXPERTS, INC. OR ITS SUBSIDIARIES OR SUPPLIERS OR ITS SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF MATTING EXPERTS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
7.2 MATTING EXPERTS SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT, NATURAL CATASTROPHES, DELAYS IN ORDERS FROM MANUFACTURERS; INTERNET DISRUPTIONS, OR LOSS OF DATA.
7.3 IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH MATTING EXPERTS IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT AND CEASE USING THE WEBSITE AND THE SERVICES.
7.4 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
7.4.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
7.4.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTICONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
7.5 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
7.6 Matting Experts shall not be held liable for any special, indirect, incidental or consequential damages arising out of or connected with these Terms and Conditions or with any of the services provided hereunder, regardless of whether caused by Matting Experts, its agents, employees, subsidiaries, representatives, assigns or otherwise.
7.7 MATTING EXPERTS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ITEMS PURCHASED THROUGH THIS WEBSITE.
7.7.1 WITHOUT WAIVING THE FOREGOING, UNLESS A CUSTOMER, A CONSUMER SHALL NOT BE ENTITLED TO ANY DAMAGES.
7.7.2 WITHOUT WAIVING THE FOREGOING, A CUSTOMER'S DAMAGES SHALL NOT EXCEED THE VALUE OF ANY PRODUCT PURCHASED THROUGH THE WEBSITE OR WEBSITE SERVICES.
8. General Provisions
8.1 Entire Agreement. The Parties agree that the Terms and Conditions constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way.
8.2 Savings Clause. In the event that any provision of the Terms and Conditions is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms and Conditions shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties' intent. The Parties agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.
8.3 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms and Conditions or otherwise be given any legal effect.
8.4 Reasonableness. The Parties have read each of the terms in the Terms and Conditions and consider each of them, including all subparts, to be reasonable.
8.5 Indemnification. Any Consumer of the Website and/or Website Services shall indemnify and hold Matting Experts, the owners and operators of Matting Experts, as well as their officers, agents, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney's fees, made by any third party due to or arising from the use of the Website or Website Services, or from information submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of any other person or entity.
8.6 Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
8.6.1 No employee, agent or representative, including without limitation a customer service representative, of Matting Experts shall be entitled to waive any term of the Terms and Conditions.
8.7 Applicable Law. The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Illinois and the venue for any action, dispute or proceeding with respect to this Agreement shall be Cook County, Illinois.
8.8 Incorporation Clause. These Terms and Conditions shall incorporate the terms provided for in the Privacy and Security Policy and [INSERT ANY ADDITIONAL RULES AND REGULATIONS].
8.9 Riders. Riders may accompany these Terms and Conditions. If Riders have been attached to these Terms and Conditions and executed by both Parties, such Riders shall be specifically identified by title below and treated as incorporated herein by reference:
8.10 Notices. Notices by Matting Experts to you may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional email. Notices by you to the Website may be given by electronic messages, conventional mail, telephone or fax, unless otherwise specified in these Terms and Conditions, at the following contacts:
8923 S. Octavia Ave.
Bridgeview, IL 60455
Toll Free: + 1 (310)-734-6036
Fax: +1 (267) 295 8676
8.11 No Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
8.12 Restricted Locations.
8.12.1 The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By downloading or using software provided on the Website, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.