Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
Copyright:
All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site. The entire content included in this
site, including but not limited to text, graphics or code is
copyrighted as a collective work under the United States and other
copyright laws, and is the property of A+ Bags, LLC. The collective
work includes works that are licensed to A+ Bags, LLC. Copyright
2003, A+ Bags, LLC ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with A+ Bags, LLC or purchasing A+
Bags, LLC products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas
of the site solely for your own non-commercial use, or to place an
order with A+ Bags, LLC or to purchase A+ Bags, LLC products. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by A+ Bags, LLC. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site. All trademarks, service marks and trade
names of A+ Bags, LLC used in the site are trademarks or registered
trademarks of A+ Bags, LLC
Warranty Disclaimer:
This site and the materials and products on this site are provided
“as is” and without warranties of any kind, whether express or
implied. To the fullest extent permissible pursuant to applicable
law, A+ Bags, LLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. A+ Bags,
LLC arrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free
of viruses or other harmful components. A+ Bags, LLC does not make
any warranties or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability:
A+ Bags, LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if $
A+ Bags, LLC has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors:
In the event that a A+ Bags, LLC product is mistakenly listed at
an incorrect price, A+ Bags, LLC reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
A+ Bags, LLC reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the
purchase and your order is canceled, A+ Bags, LLC shall issue a
credit to your credit card account or issue a check by mail in the
amount of the incorrect price.
Terms Termination:
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be
terminated by A+ Bags, LLC without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice:
A+ Bags, LLC may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the
address you have provided to A+ Bags, LLC.
Miscellaneous:
Your use of this site shall be governed in all respects by the
laws of the state of Minnesota, U.S.A., without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of
or relating to this site (including but not limited to the purchase
of A+ Bags, LLC products) shall be in the state or federal courts
located in Wright County, Minnesota. Any cause of action or claim you
may have with respect to the site (including but not limited to the
purchase of A+ Bags, LLC products) must be commenced within one (1)
year after the claim or cause of action arises. A+ Bags, LLC’s
failure to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and
conditions. A+ Bags, LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site:
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a A+ Bags, LLC or other
licensed employee, host, or representative, as well as other members
or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate
any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other
commercial online service or other organization.
Participation Disclaimer:
A+ Bags, LLC does not and cannot review all communications and
materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, A+ Bags,
LLC is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any
contents or activities on the site. However, A+ Bags, LLC reserves
the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to A+ Bags, LLC in its sole discretion.
Indemnification:
You agree to indemnify, defend, and hold harmless A+ Bags, LLC,
its officers, directors, employees, agents, licensees and suppliers
(collectively the “Service Providers”) from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links:
In an attempt to provide increased value to our visitors, A+ Bags,
LLC may link to sites operated by third parties. However, even if the
third party is affiliated with A+ Bags, LLC, A+ Bags, LLC has no
control over these linked sites, all of which have separate privacy
and data collection practices, independent of A+ Bags, LLC. These
linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, A+ Bags, LLC seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
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