Core Distribution, Inc.
Effective April 25, 2015
By accessing and using the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms are updated, you consent to any such updated version of these Terms.
© 2015 Core Distribution, Inc. All Rights reserved.
Purchases made on this Site
Any purchases of products through our Site will be subject to the applicable pricing, shipping, payment, payment processing, and other sales terms as may be presented on our Site. Warranty information for our products is made available on this Site and may also be included with our products. While our goal is to fulfill every order, we cannot guarantee availability. We reserve the right to limit or cancel quantities purchased per person, per household or per order and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you are interested in distributing our products, please contact us using the Contact Xtend + Climb Support.
Use of Site Content
The content on the Site is intended to provide general information about Core Distribution and our products. All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively “Site Content”), is the exclusive property of Core Distribution or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Core Distribution may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice. Core Distribution gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without Core Distribution’s prior written consent.
XTEND+CLIMB® and the XTEND+CLIMB logo are registered trademarks of Core Distribution. These and other trademarks, service marks, and logos used and displayed on the Site (collectively “Trademarks”) are the registered and unregistered trademarks of Core Distribution. Other trademarks, service marks, logos and trade names belong to their respective owners and are used with permission and for identification purposes only. Nothing on this Site grants any license or right to use any Trademarks or other intellectual property displayed on the Site. Core Distribution prohibits the use of the Core Distribution trade name or Trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without Core Distribution’s written permission.
Site Content may include information about products that are not available in your country. To learn more about product availability in your specific region, use our Find a Store feature or contact us using the Contact Xtend + Climb Support form. Further, certain Site Content may be made available in languages other than English. The translations may be done by a person or solely by computer software without review. Any translations are provided as a convenience and Core Distribution makes no representations regarding the accuracy or completeness of the translations however provided.
Links to Third-party Websites
Additionally, if you access a non-Core Distribution website that includes a Core Distribution Trademark, for example the website of a retailer carrying our products, please understand that such websites and their general content are not controlled, operated or endorsed by Core Distribution.
User postings on Site
From time to time, the Site may have certain sections that allow you to post or otherwise publish materials on the Site. While Core Distribution reserves the right to reject or remove any content or posting, in whole or in part, for any reason in its discretion, Core Distribution does not and cannot review all information posted to the Site by users and is not responsible for such content. You agree that that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would violate the law or the rights of other parties; (c) infringe the intellectual property, privacy, or other rights of other parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Core Distribution shall own and have the unrestricted right to use, publish, and otherwise exploit any and all content that you post on the Site and you hereby waive any claims against Core Distribution for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Core Distribution’s use and publication of such submissions.
The Site and Site Content is intended to provide general information to the public about Core Distribution and our products and services and is not intended to constitute professional advice. While we strive to maintain the site as accurate and up-to-date, the Site Content may include inaccuracies or material that is outdated. Core Distribution does not represent the accuracy or reliability of any statement or information made available on or through the Site.
THE SITE AND ALL SITE CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CORE DISTRIBUTION AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT.
Indemnification and Limitation of Liability
You agree to defend, indemnify, Core Distribution and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.
YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SITE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE SITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF THE SITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Governing law; Jurisdiction
These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with Core Distribution relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Core Distribution or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
If you have any questions about these Terms or the operation of the Site, you may contact us by using the Contact Xtend + Climb Support form or at: email@example.com; Phone: (612) 330 – 9915 or by mail at: Core Distribution, 113 Washington Avenue North Minneapolis, MN 55401.