Terms and Conditions

Acceptance of Terms Through Use

By using Western Pallet and Packaging’s (“WPP”) web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and by the terms of our Privacy Policy. We reserve the right to change the Terms of Use by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms of Use at the start of each use of the Site, and if you do not agree to the terms of this or any revised version, please exit the Site immediately. WPP reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

Links to Third Party Sites

The Site may contain links to web sites operated by third parties. The linked web sites are not under our control, and we are not responsible for the contents of any linked web site. Please review the linked site, and, if you do not agree to be bound by the terms governing that web site, we recommend that you terminate your visit to that web site. We provide links only as a courtesy, and such links do not imply our endorsement of any linked web site.

Intellectual Property

You acknowledge that materials available on the Site include copyrights, trademarks, service marks, patents, trade secrets or other proprietary materials (“Intellectual Property”) that are owned by WPP or our licensors. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the Intellectual Property or other materials on the Site as expressly permitted in this Terms of Use and for no other purpose.

If you submit comments, suggestions, ideas or other communications to WPP (“Submissions”), your submission shall constitute an unrestricted worldwide license for WPP to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.

User Conduct

You warrant and agree that, while using the Site, you shall not:

  • Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
  • Restrict or inhibit any other User from using and enjoying the Site;
  • Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • Impersonate, or misrepresent your affiliation with any other person or entity;
  • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
  • Engage in spamming or flooding; or
  • Attempt to gain unauthorized access to other computer systems through the Site.

Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.

You agree to defend, indemnify and hold Western Pallet and Packaging, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.

Indemnification

You agree to defend, indemnify, and hold WPP and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. WPP makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.

Choice of Law

This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of California, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

The Terms and Conditions and the relationship between you and Western Pallet and Packaging shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Western Pallet and Packaging agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles. You and Western Pallet and Packaging each agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California. The failure of Western Pallet and Packaging to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Integration and Severability

This Terms of Use constitutes the entire agreement between you and WPP with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Payment Terms

By placing an order on the Site, you authorize WPP or its authorized agents to collect payment from your credit card for all charges you incur. Prices listed on the Site do not include shipping, handling, taxes or insurance, unless otherwise specified.

Product Information

WPP’s goal is to accurately describe all products offered for sale on the Site; however, the Site may contain typographical errors or other inaccuracies and may not be complete or current. All product specifications, which include dimensions, are subject to change without notice. Therefore, with respect to description, pricing, quantity and availability of products, and shipping and handling fees, we reserve the right to correct any errors, inaccuracies or omissions and to change information at any time without prior notice (including after you have submitted your order).

Contacting WPP and Resolving Problems

If you have any questions or comments about these Terms of Use, please contact us by email at info@westernpallet.com or by phone at 1-800-960-4977. Please provide a concise communication with complete information, including your contact information.


Last Modified:  January 4th, 2006
Copyright 2006
Private Policy    Terms and Conditions     Disclaimer    Technical