Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS
WEB SITE (THE "SITE") OPERATED BY CREATIVE CONSULTING, INC.
DBA ETERNITEK ("Eternitek"),
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or otherwise
using the Site. These terms and conditions are subject to change
without prior notice at any time, in Eternitek's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site
after a change has been posted to the Site, the Customer accepts
that change. Customers should check this User Agreement and the
Privacy Policy
frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute
a legal contract between you and Creative Consulting, Inc. DBA
Eternitek ("Eternitek").
(References to "you" or "your" shall relate to a customer of
Eternitek or
other party that visits, browses, shops, accesses or otherwise uses
the Site (the "Customer"); references to "Eternitek" shall relate to
Creative Consulting, Inc. and its affiliates. By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by
this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may
be changed by Eternitek from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but
not limited to, United States copyright law and international
treaties. This Site is controlled and operated by Eternitek from its
offices within the United States. Eternitek makes no representation that
materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents
are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of Colorado
without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in El Paso County, Colorado
to hear any such claims.
Access, Interference and Linking
Eternitek grants you a limited license to access and make personal use of
the Site and not to download (other than page caching) or modify it,
or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Eternitek.
The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the Site or
the content contained herein without prior written permission by
Eternitek; collection or use of any product listings, descriptions, or
prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on
the Site; and, Any use of, visits to, or other action that imposes
an unreasonable or disproportionately large load on the Site, or
otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Eternitek.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of the Site so long as the link
does not portray Eternitek, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Eternitek logo or other proprietary graphic or
trademark as part of the link without express written permission.
Eternitek does not review or control third-party sites that link to or
from the Site, and is not responsible for the contents of any
third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Eternitek
or by the original creator of the material. Except as stated herein,
none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Eternitek or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on
this Site for personal, non-commercial use only, provided you do not
modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without Eternitek's
prior written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes.
All trademarks and registered trademarks are the sole property of
their respective owners. Photographs courtesy of respective
manufacturers. Eternitek and the Eternitek logo are registered trademarks of
Creative Consulting, Inc. Copyright © 2005 Creative Consulting, Inc.
Microsoft Logo is either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries
and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL ETERNITEK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF ETERNITEK OR A ETERNITEK AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. 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.
Arbitration
By accessing the Site and using the information therein available
and/or by purchasing any products or services made available through
this Site, you agree with Eternitek, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offeror of goods or services on this
Site or through any other associated activity, that ANY CLAIM OR
DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED
TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE
ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com
or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the
New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be held as
provided by the Code and if any In-person Hearing is required, it
shall be held in Colorado Springs, Colorado. Each party shall bear
its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please review our Privacy Policy, which
also governs your visit to this Site.
Account and Password
You are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use the
Site only with a parent or guardian. Eternitek reserves the right to
refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Communications to Eternitek
Any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post
may be used by Eternitek for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Eternitek is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
Eternitek or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using
such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
Eternitek
PO Box 75446
Colorado Springs, CO 80970-5446
E-mail:
info@eternitek.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User
Agreement, please do not visit, browse, shop, access or otherwise
use this Site.
