Terms & Conditions

 

TOTE GLASS, INC.

WEBSITE TERMS OF USE AGREEMENT

 

(Effective Date: June 1, 2011)

 

ACCEPTANCE OF TERMS

 

Your use of www.toteglass.com website (the "Website") is subject to the terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the "Agreement"). Additional terms and conditions may govern your use of the Website, or Tote Glass, Inc.'s ("ToteGlass") use of information you provide to ToteGlass, including the ToteGlass Privacy Policy located at: http://toteglass.com/privacy-policy.html

 

Modifications to Service ToteGlass reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. ToteGlass is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.

 

INTELLECTUAL PROPERTY AND USAGE RESTRICTIONS

 

Unless otherwise indicated, all trademarks on this website are subject to trademark rights of ToteGlass, including product names, logos, and graphics. Certain product brand names are owned by their respective manufacturer or supplier. The arrangement and compilation of all content on this Website are the exclusive property of ToteGlass and are protected by U.S. and international copyright laws. All software used on this site is the property of ToteGlass or its software suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of ToteGlass. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. ToteGlass will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

 

WEBSITE CONTENT, PRODUCT INFORMATION AND WEBSITE ERRORS

 

The Website and its content, including but not limited to prices, Product descriptions and images, and Product availability are subject to change without notice. ToteGlass makes no warranty or guarantee that the information on our website, including product descriptions, prices or other content is accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, ToteGlass shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. ToteGlass shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Errors will be corrected where discovered, and ToteGlass reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. ToteGlass also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and payment processed. If your order is canceled after your payment has been processed, we will issue a full refund to the method of original payment. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy located at http://toteglass.com/return-policy.html

 

DISCLOSURE AND USE OF YOUR COMMUNICATIONS

 

Any personal or business information provided to ToteGlass by you through the use of the Website will be maintained in accordance with ToteGlass's Privacy Policy located at: http://toteglass.com/privacy-policy.html You agree to be solely responsible for providing accurate, current, and complete information as requested by ToteGlass or its affiliates or service providers. ToteGlass is not responsible for inaccurate, false or incomplete information, except as stated in the ToteGlass Privacy Policy. You acknowledge and agree that any information submitted to ToteGlass via this Website is provided to ToteGlass on a non-proprietary, non-confidential basis.

 

UNSOLICITED IDEAS

 

ToteGlass welcomes feedback, questions and comments about its products, services and this Website. As a general policy, ToteGlass does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of ToteGlass and may be used by ToteGlass for any purpose whatsoever, commercial or otherwise, without compensation to you.

 

TERMINATION OF USE

 

ToteGlass may, in its sole discretion, terminate your account or your use of the ToteGlass website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. ToteGlass reserves the right to change, suspend, or discontinue any or all aspects of the ToteGlass website at any time without prior notice.

 

JURISDICTION

 

The services and information on this Website are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the State of Wisconsin. All disputes arising from your use of this Website or under this Agreement shall be resolved in a court located in the Eastern District of Wisconsin, without reference to conflict of laws or choice of laws statutes.

 

LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES

 

The Website and its content are made available to users AS IS without any warranty of any kind. ToteGlass makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of this Website. TOTEGLASS, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, TOTEGLASS DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.

 

LIMITATION OF LIABILITY

 

TOTEGLASS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, TOTEGLASS HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND TOTEGLASS SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, TOTEGLASS IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS WEBSITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS WEBSITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN TOTEGLASS'S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY OR AFFILIATION WITH TOTEGLASS.

 

INDEMNIFICATION

 

By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, ToteGlass and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.

 

PRICING POLICIES

 

Online prices, offers and selection may vary from our retail domains and are subject to change without notice. In the event in which an item has had a substantial price increase, we will attempt to contact you via email or phone to request your approval of the additional charges. The item will not be shipped and you will not be invoiced until these charges are accepted. Failure to accept these charges or respond to our attempts to contact you may result in order cancellation; however, we reserve the right to cancel any order you place with us without giving any reason.

 

ORDER ACCEPTANCE AND LIMITATIONS

 

Your receipt of an order confirmation, whether electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you provided when you placed the order. ToteGlass reserves the right to limit or prohibit sales to resellers.

 

CONSUMER (RETAIL) USE INFORMATION

 

Although ToteGlass's Website is intended for wholesale users, ToteGlass also welcomes retail consumer business for select products. Please be aware of important differences in the commercial products we sell when compared to consumer products.