Terms of Use

LAST UPDATED: NOVEMBER 28, 2012.

Welcome to supplyvillage.com. Excelsior Products, Inc. provides this Supply Village Site and various related services (collectively, the "Site) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. As used in these Terms of Use, "Supply Village", "us", "our", or "we" refers to Excelsior Products, Inc. and its subsidiaries and affiliates.

Use of this Site

BY ACCESSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. Any person or entity who interacts with the Site through use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. IF YOU DO NOT WISH TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TERMS OF USE, DO NOT USE THIS SITE. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

United States Usage

This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Content

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are owned or licensed property of Supply Village or its suppliers and is protected by copyright, trademark, patent, or other proprietary rights. Supply Village and its suppliers expressly reserve all intellectual property rights in all Contents .

License and Site Access

Supply Village grants you a limited license to access and make personal use of the Site and Contents for NON-COMMERCIAL PURPOSES ONLY. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use, provided you do not modify or alter the Contents in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, reproducing (except as noted above), publishing, transmitting, distributing, displaying, modifying, storing, selling or participating in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 18 years of age or older. If you are under  the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or guardian who agrees to be bound by these Terms of Use.

Prohibited or Unlawful Use

Your use of the site is subject to all applicable laws and regulations and in accordance with the terms of the license granted in these Terms of Use. You are solely responsible for the substance of your communications through the Site. As a condition of your use of this Site, you warrant to Supply Village that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party,  YOU MAY NOT:

(a) Conduct fraudulent activities on the Site;
(b) frame, mirror, or use framing techniques on any part of the Site without Supply Village's express prior written consent;
(c) make any commercial use of the Site or its Contents, including making any collection or use of any product listings, descriptions, prices, or images;
(d) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Supply Village or generally publicly available browsers (e.g. Google, Yahoo, Bing);
(e) download, copy, or transmit any Contents for the benefit of any other merchant;
(f) use meta tags or any other hidden text utilizing Supply Village's name or marks;
(g) impersonate any person or entity, misrepresent the identity of a user, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
(h) upload to, distribute or otherwise publish through this Site any Contents such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions;
(i) use the site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(j) disseminate any harmful content of any kind, including without limitation,  viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;
(k) use a buying agent to conduct transactions on the Site;
(l) tamper with the Site or use or attempt to use any device, software, data, or routine that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
(m) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
(n) harvest or collect personally identifiable information about other users of the Site;
(o) use the Site to advertise or offer to sell or buy any goods or services without Supply Village's express prior written consent;
(p) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of , or access to the Site;
(q) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
(s) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

Your Account and Responsibilities

In order to access some of the services or certain areas of the Site, you will be required to register  an account with Supply Village. A user name and password can be obtained by completing our online registration form, which requests certain information and data (the "Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Your user name or password are for your personal use only. If you use the Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Supply Village including these set forth in these Terms of Use, Supply Village reserves the right, in its sole discretion, to terminate your account refuse service to you, or cancel orders.

Privacy

You acknowledge that any personal information that you provide through this Site will be used by Supply Village in accordance with Supply Village's Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Modification and Termination

Supply Village may at any time: (a) modify or discontinue any part of the Site; (b) charge, modify, or waive fees required to use the Site; or (c) offer opportunities to some or all Site users. Supply Village reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

Supply Village reserves the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use this Site will immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files in this Site. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

User Feedback and Submissions 

For all feedback, comments, suggestions, ideas, and other submissions disclosed, submitted or offered to Supply Village on or through this Site, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Supply Village a royalty-free, irrevocable, transferable right and license to use the Comments however Supply Village desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

Supply Village will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Supply Village is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay to user any compensation for any Comments; or (c) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

You grant Supply Village the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Supply Village and its affiliates for all claims resulting from any Comments you submit. Supply Village and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Orders

Once you have placed an order on the Site we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from us. You will become the owner of, and bear all risk for, the goods at the time they are delivered.

Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Target the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Colors

Supply Village has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Changes, Misprints, Errors and Cancellations

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; and (d) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors. 

Product Descriptions

Supply Village attempts to be as accurate as possible. However, Supply Village does not warrant that product descriptions or other content of any Supply Village Service is accurate, complete, reliable, current, or error-free. if a product offered by Supply Village itself is not as described, your sole remedy is to return it in unused and unopened condition.

RISK OF LOSS

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Returns

If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms of Use in its entirety.

Third Party Websites Links

References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Supply Village's endorsement, sponsorship or recommendation of the third party, its information, products or services. Supply Village is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Disclaimer of Warranties

ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE(COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY SUPPLY VILLAGE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (E) EMAILS SENT FROM SUPPLY VILLAGE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

SUPPLY VILLAGE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Excelsior Products, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, INCOME OR PROFITS, WHETHER IN CONTRACT OR TORT, EVEN IF SUPPLY VILLAGE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SUPPLY VILLAGE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SUPPLY VILLAGE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE9S0. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Supply Village and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms of Use.

 

Contact Us

If you experience difficulty in using the Site or have any concerns about Supply Village, please contact us with a detailed description of your issue, and we will try to resolve it.