Effective Date: September 24, 2014
Please read these Terms regularly, as they may change at any time. By using this Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
1. Intellectual Property
1.1 Except for User Material (as defined below), all content and material made available on the Site (collectively "Site Content"), including, without limitation, catalogs, product photos and images, graphics, designs, artwork, text, written/editorial material, audios, videos, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media applications and plug-ins, belong exclusively to us and/or our licensors and business partners, and are protected by U.S. and international copyright laws.
1.2 The terms "Crestline," "Crestline.com," and associated logos and designs (collectively "Our Marks") are our proprietary trademarks and service marks, and are protected by U.S. federal and state laws. All other marks and logos are trademarks and/or service marks of their respective owners.
1.3 As used herein, "User Material" means any visual, graphic, pictorial, photographic, written, or other material furnished to us by any user of the Site. You retain ownership of all User Material furnished by you, but subject to your license grant to us as set forth in Section 2.6 below.
1.4 The artwork, designs, trademarks and logos shown on products on the Site are for illustration purposes only and do not represent endorsements by – or production for – the owners of such artwork, designs, marks or logos. Such illustrations are not meant to be advertisements. Items as pictured with third-party trademarks, designs and logos are not for sale to anyone other than those expressly authorized by the owners of such trademarks, designs and logos.
2. Terms and Conditions of Use
2.1 Eligibility: By using the Site or any services and products we offer, you represent and warrant that: (i) you are at least 18 years of age when using the Site or any services and products we offer; (ii) all information you submit to us is your own information and is truthful and accurate; and (iii) your use of the Site or our services and products does do not violate any applicable law or regulation. Only persons who are 18 or older are permitted to register and make purchases on the Site. We reserve the right to verify your age before any registration or purchase by you.
2.3 Prohibited Conduct:
2.3.1 Except as expressly stated in Section 2.2 above, you may NOT copy, reproduce, download content from, republish, redistribute, create derivative works from, modify, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content or the services and products we offer. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content or the services and products we offer, or do anything that interferes with other users’ access and use of the Site or any Site Content or the services and products we offer. Without limitation to the generality of the foregoing, you are strictly prohibited from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site, our system, network or server, or any user account; and (iii) crawling, scraping, or otherwise collecting or taking any data or Site Content from the Site, including through the use of bots, web crawlers, or similar automated programs or processes.
2.3.2 Except for the limited purpose of making truthful and non-misleading references and attributions to us, the Site, and/or our products and services, you may NOT make use of any of Our Marks, or any variations thereof, for any purpose or in any manner, without our express prior written authorization. In any event, you may NOT use any of Our Marks in connection with any product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits us or the Site. In addition, you may NOT use any of Our Marks in meta tags or as ad keywords without our express prior written authorization.
2.3.3 You may NOT furnish any User Material that: (i) violates or infringes any copyright, trademark, trade dress, right of publicity, right of privacy, or any other property, personal or proprietary right of any person or entity; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
2.4 User Material Furnished by You: By furnishing User Material to us, (i) you grant to us a non-exclusive license (with the right to sublicense to our suppliers and our fulfillment partners) to use and reproduce such User Material to make custom products in fulfillment of your order(s) with us; (ii) you represent and warrant that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (iii) you agree to defend, indemnify and hold us and our officers, directors, employees, agents, Sales Partners, sales representatives, suppliers, and fulfillment partners harmless pursuant to Section 3.1 below, in the event any User Material furnished by you infringes upon, violates or misappropriates any property, personal or proprietary right of any person or entity.
2.5 Account Site Security: If you have an account on the Site, you are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions made through your account. You shall immediately notify us of any unauthorized use of your account access information or any unauthorized or suspicious activity on your account.
2.5a Links to Other Sites: The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from this Site do not constitute Crestline’s endorsement of any third party, its website, or its goods or services. Crestline is not responsible for any outside sites, services or other materials linked to or from this Site, and disclaims all liability for any injury you may experience by using such materials.
2.7 No Warranties: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL SITE CONTENT AND ALL SERVICES AND PRODUCTS WE OFFER ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
2.8 Limitation of Liability: BY USING THE SITE OR THE SERVICES AND PRODUCTS WE OFFER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2.9 Cancellation: Due to the customized nature of our products, we can only accept returns of non-conforming merchandise or unapproved imprint errors. This return policy cannot be waived and supersedes any return stipulation or right of cancellation that may be on a customer’s purchase order, standard terms and conditions, or otherwise stated. By submitting an order to Crestline the Customer shall be deemed to delete and to waive any contradictory terms and such terms shall be unenforceable.
2.10 Termination: Your failure to comply with the Terms automatically revokes your authorization to use this Site and terminates all rights granted to you under these Terms. Your obligations to Crestline shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
3. General Terms
3.2 Governing Law; Jurisdiction: By using the Site or the services and products we offer, you expressly acknowledge and agree that:
(i) the Site or the services and products we offer shall be deemed solely based in the State of Maine;
3.3 Product Information: Prices are subject to change without notice. We try to accurately display the colors of our products on this Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. We do not warrant the currency, accuracy, or reliability of any Site information, including information about product price or availability.
3.4 Service Charge: A finance charge of 1.5% per month (which is an ANNUAL PERCENTAGE RATE of 18%) will be added to your account if it is more than 30 days past due. If your account is in collection, you agree to pay all costs of collection, including reasonable attorney fees, incurred by us in collecting any amount which you have not paid when due. Our acceptance of any partial payment shall not operate as an accord and satisfaction, and shall not preclude us from recovering any remaining balance without mutual agreement in writing.
Please feel free to contact us at:
PO Box 1609
Lewiston, ME 04241
TERMS AND CONDITIONS FOR PERSONAL PROTECTIVE EQUIPMENT ORDERS
These Terms and Conditions for Personal Protective Equipment Orders (the “Terms”) apply to any order of personal protective equipment from Crestline Specialties, Inc. or any of its parents, subsidiaries, and affiliates(“Crestline”). Personal protective equipment includes, but is not limited to , the following products: , face masks, hand sanitizer, face shields, medical masks, surgical masks, exam gloves, gowns, goggles, wipes or any other items that may protect, treat, diagnose or mitigate against disease or the spread of disease (collectively, “PPE”).
1. Incorporation By Reference; Precedence of Documents. These Terms are incorporated by reference to any order of PPE a customer places with Crestline. In the event of any discrepancy between the Terms and any existing or future document (e.g. quotes, order acknowledgments, purchase orders, agreements, invoices, terms and conditions, etc.) for PPE, the provisions of these Terms shall control. Any different terms contained in any other existing or future document (e.g. quotes, order acknowledgments, purchase orders, agreements, invoices, terms and conditions, etc.) are expressly not part of the Terms and Crestline hereby continuously objects to any such different terms.
2. Disclaimer. UNLESS EXPRESSLY NOTED OTHERWISE ON A CRESTLINE PRODUCED DOCUMENT THAT MAKES DIRECT REFERENCE TO THE TERMS, CUSTOMER ACKNOWLEDGES THAT THE PPE PRODUCTS SOLD ARE NOT MEDICAL GRADE PRODUCTS AND HAVE NOT BEEN APPROVED BY THE FDA FOR USE IN A MEDICAL OR HEALTHCARE SETTING. CRESTLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PPE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS PREVENT INFECTION OR THE TRANSMISSION OF DISEASES. CUSTOMER AGREES THAT THE USE OF THE PPE PRODUCTS ARE AT ITS OWN RISK.
3. Cancelation. Customer acknowledges that in certain instances Crestline is placing deposits with the manufacturers of PPE in reliance on this order. In event of a cancellation for any reason, customer shall remain responsible for any portion of the order Crestline cannot cancel.
4. Delivery Schedules. Crestline and customer acknowledge that the combination of unprecedented demand for PPE and limited availability/capacity of freight carriers may result in delays to any delivery schedule. Crestline shall not be responsible for any such delays.
5. Limitation of Liability. CRESTLINE SHALL NOT HAVE ANY LIABILITY TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOSS OF PROFITS, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE OR WHETHER SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRESTLINE’S LIABILITY TO CUSTOMER FOR ANY CLAIM RELATED TO THIS ORDER EXCEED THE TOTAL AMOUNT DUE TO CRESTLINE PURSUANT TO THE ORDER.
6. Force Majeure/Performance. Neither party is responsible to the other for any losses or a failure to perform under this order (other than payment obligations) attributable to war, riot, rebellion, terrorist act or other disorder; strike, or other work stoppage; disease, pandemic or epidemic; fire; change in law, regulation, order, embargo, quarantine, sanction, delay in granting an permit or approval, or other such mandate; flood; the fraudulent, illegal or bad faith acts of third parties beyond either parties’ control; or any other act not within a party’s reasonable control.
7. Arbitration. Any disputes arising from this order shall resolved by binding arbitration before a single arbitrator following the American Arbitration Association rules and located in Portland, Maine.
8. Miscellaneous. If any provision of these Terms is found or deemed to be invalid or unenforceable by law, then such provision will be deemed stricken and the remaining provisions will continue in full force and effect. These Terms and the order shall be governed by the laws of State of Maine