This agreement ("Agreement") contains the terms and conditions for the use of the Pacific Columns, Inc. ("Pacific Columns, Inc.") Internet Site. As used in this Agreement, "we", "us", or "our" refers to Pacific Columns, Inc., "you" or "your" refers to the individual or entity using the Internet Site, and "Internet Site" refers to all viewable pages including page headers, custom graphics, button icons, links, and text, underlying program code, database content, products and accompanying services and documentation. By accessing, browsing and/or using this Internet Site, you acknowledge that you have read, understood, and do agree to be bound by these terms and conditions and comply with all applicable laws and regulations, including U.S. and International laws and regulations.
Right of Usage (Revocable License)
We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Internet Site for the purpose of managing your purchasing process, including viewing, requesting, approving and ordering products on behalf of yourself or your company. As a Licensee of the Internet Site, you may not rent, lease, grant a security interest in, or otherwise transfer any rights you have in the use of this Internet Site. You further are not authorized to resell the purchase management and processing services of this Internet Site.
Prohibition Against Reverse Engineering
Under the foregoing license, you are prohibited from translating, decompiling, disassembling or reverse engineering or otherwise attempting to derive the source code for the operation of the Internet Site or creating derivative architecture based on the Internet Site or parts of the Internet Site. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Internet Site software to determine its source code, structure, organization, and internal design, algorithms or program devices.
All title, ownership rights, and intellectual property rights in the Internet Site shall remain in Pacific Columns, Inc. and/or its suppliers. The Internet Site is protected by the copyright laws and treaties of the United States of America. You shall not remove any proprietary notices or labels on the Internet Site without express permission of Pacific Columns, Inc.. Through the use of this Internet Site, no intellectual property rights will transfer to you.
This Internet Site is Copyright (c) 2001 Pacific Columns, Inc.,Inc., ALL RIGHTS RESERVED. Permission is hereby granted to print in hard copy portions of this Internet Site for the sole purposes of placing or approving a request or order using this Internet Site or archiving business records. Any other use of any portion of this site, including reproduction for purposes other than those specified herein, modification, distribution, or publication, are expressly prohibited without the prior written permission of Pacific Columns, Inc..
By placing an order with Pacific Columns, Inc., you agree to be bound by the terms and conditions of this Agreement and the Business Policies of Pacific Columns, Inc., as they are revised from time to time. Each order submitted is subject to acceptance by us. We reserve the right to accept or decline any order for any or no reason. Risk of any loss or damage to products you order from us shall transfer to you upon delivery of such products to you. Title to these items shall pass to you only upon full payment of the total price for such items. Until such full payment, you hereby grant us a purchase money security interest in such items ordered from us, and further agree to cooperate and assist us in the perfection of such interest.
Upgrades, Modifications and Functionality
Pacific Columns, Inc. reserves the right to update and upgrade the Internet Site at our sole discretion without notice to you, including but not limited to, changing functionality, user interface, procedures, documentation, or any of the terms and conditions of this Agreement. Pacific Columns, Inc. further reserves the right to modify any of the terms and conditions contained herein and in the Business Policies by posting them on the Internet Site. IF ANY UPDATE, UPGRADE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE YOUR USE OF THE INTERNET SITE. YOUR CONTINUED USE OF THE INTERNET SITE FOLLOWING ANY CHANGE IN OUR SITE OR POSTING OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
Terms and Termination of Agreement
This license will terminate automatically upon our notice to you if you fail to comply with the terms and conditions described herein. Pacific Columns, Inc. has the right to terminate the license of any user at any time for any or no reason. Such termination may be based solely on the discretion of Pacific Columns, Inc..
No Warranty Disclaimer
Pacific Columns, Inc. DOES NOT WARRANT THAT YOUR USE OF THE INTERNET SITE WILL BE UNINTERRUPTED, MESSAGES OR REQUESTS DELIVERED, OR THE OPERATION OF THE INTERNET SITE WILL BE ERROR-FREE OR SECURE. In addition, the security mechanisms implemented by Pacific Columns, Inc. may have inherent limitations, and you must determine yourself that the Internet Site sufficiently meets your requirements. Pacific Columns, Inc. IS NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON Pacific Columns, Inc.'s or your server. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage sharing your password and account number with anyone; any such sharing shall be entirely at your own risk. Accordingly, you should select a unique, non-obvious password and change your passwords often. THE Pacific Columns, Inc. INTERNET SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND Pacific Columns, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY PRODUCT. Pacific Columns, Inc. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIS DISCLAIMER BY Pacific Columns, Inc. IN NO WAY AFFECTS THE MANUFACTURER'S WARRANTY, IF ANY, WHICH SHALL BE PASSED ONTO YOU. EXCEPT AS EXPRESSLY STATED BY THIS AGREEMENT, Pacific Columns, Inc., ITS SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF PRODUCTS OR THE USE OR INABILITY TO USE THIS INTERNET SITE, EVEN IF Pacific Columns, Inc. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Pacific Columns, Inc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED ON THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT. THESE LIMITATIONS SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
In the event unauthorized charges appear on your credit card through no fault of your own and result expressly from using the Pacific Columns, Inc. site, and for charges which your credit card company holds you liable, Pacific Columns, Inc. may, at it’s option, cover the liability for up to $50.00, or provide you with a discount on Pacific Columns, Inc. products, provided you notify your credit card provider in accordance with their reporting rules and procedures, and reasonably cooperate with Pacific Columns, Inc. to stop the fraudulent use of your card. Pacific Columns, Inc. will not be responsible or liable for any delay or failure to perform under this Agreement if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Pacific Columns, Inc.. This Agreement represents the complete agreement concerning this license and may be amended only by a written amendment executed by both parties. THE ACCEPTANCE BY Pacific Columns, Inc. OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR AGREEMENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You represent and warrant that, as the individual electronically agreeing to the terms of this Agreement, you are authorized and empowered to agree to this Agreement on behalf of yourself and any organization that you purport to represent.
California law shall govern this Agreement, excluding its conflict of laws
and principles and excluding the United Nations Convention on the International
Sale of Goods.