2. PERMITTED USE OF WEBSITE
3. WARRANTY DISCLAIMER
SELLER cannot and does not represent or warrant that this website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet USER’s requirements. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENTS, OR THAT EMAILS SENT FROM SELLER ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT ITS SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. This website may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party websites. If USER decides to link to any such third-party websites, they do so entirely at their own risk.
4. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SELLER OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USER’S USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SELLER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF USER IS DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS & CONDITIONS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. USER ACKNOWLEDGES, BY USE OF THE WEBSITE, THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY, AND USER MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
5. PERSONAL CONTENT SUBMITTED BY USERS
In the event USER elects to submit personal content, it shall remain solely responsible for the content submitted and SELLER assumes no liability for any content submitted by USER. USER acknowledges and agrees that SELLER reserves the sole discretion to monitor user content, alter, remove, or refuse to post or allow to be posted any user content, and/or disclose any user content, and the circumstances surrounding its transmission, to any third party. With respect to any content submitted by USER, USER grants to SELLER a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate the content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to USER. USER SHOULD NOT SUBMIT ANY CONTENT THAT IT DOES NOT WISH TO LICENSE TO SELLER. SELLER is not responsible for the use or disclosure of any personal information that USER voluntarily discloses in connection with any content they submit.
This website is controlled and operated by SELER from the United States, and is not intended to subject SELLER to the laws or jurisdiction of any state, country or territory other than that of the United States. SELLER does not represent or warrant that the website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the website, USER does so on its own initiative and at its own risk, and is responsible for complying with all local laws, rules and regulations. SELLER in its sole discretion may at any time limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction.
8. EXPORT POLICY
USER agrees that any purchased goods licensed or sold on the website, which may include technology and software, and all software, including all HTML code and controls that are contained on the website, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from this website USER agrees to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and USER represents and warrants that it will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
9. LIMITATIONS OF ACTIONS
No action shall be maintained against SELLER in connection with operation this website by USER unless written notice of any claim alleged to exist is delivered to SELLER within thirty (30) days after the event complained of first becomes known by USER, and an action is commenced by USER within ninety (90) days after such notice. All claims shall be made in writing by certified mail, return receipt requested, addressed to SELLER at its headquarters address of record.
10. ENTIRE AGREEMENT; GOVERNING LAW
1. SALE OF EQUIPMENT
Cummins-Allison Corp. ("SELLER") shall sell to BUYER the equipment (the "Equipment") selected on this e-commerce site (the “Site”), F.O.B. SELLER's location. The sale of the Equipment includes a limited license to use any software associated therewith ("Software") on the terms contained herein and in any materials which accompany the Equipment.
Delivery of the Equipment shall be made on or before the date set forth herein. Delivery of the Equipment by SELLER to the carrier at the point of shipment shall constitute delivery to BUYER. SELLER may withhold delivery if BUYER is in default to SELLER on this or any other order. SELLER shall not be liable for any delay or failure to deliver if the delay or failure is occasioned by fire, embargo, labor strike, inability to secure materials or any other circumstances beyond the reasonable control of the SELLER which shall hinder SELLER's performance of this Agreement. SELLER shall not deliver to Post Office boxes. Free shipping promotions applicable to certain products apply only to deliveries within the continental United States; Alaska and Hawaii are excluded.
SELLER accepts Visa, Master Card and American Express subject to the representation and warranty by BUYER that BUYER has the legal right to use any credit cards utilized. Credit card information is handled in accordance with the practices described at E-Commerce Privacy Statement. Minimum Order: $50 Net. Any taxes with respect to the purchase price (other than taxes based on SELLER's net income) shall be paid by BUYER. GSA pricing is not available on this Site. BUYERS seeking to purchase Equipment in accordance with a GSA contract should contact SELLER’s local representative.
4. SOFTWARE LICENSE
SELLER grants to BUYER subject to the terms and conditions contained in this software License, a non-exclusive and non-transferable license (except as provided below) to use the proprietary computer software programs and related materials (Software) which are included by Seller with the Equipment.
BUYER shall have the right to use the Software solely for its own internal operation at the location where first placed in operation and only on the Equipment. BUYER may make copies of the Software only for purposes of backup. This Software License is assignable and transferable only in connection with the sale of the Equipment in the ordinary course of BUYER's business to an entity which is not a competitor of SELLER.
5. EQUIPMENT WARRANTY
The Equipment shall conform to the specifications set forth in SELLER's published specification sheets. SELLER WARRANTS ALL NEW EQUIPMENT TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR THE SPECIFIED WARRANTY PERIOD. UNLESS STATED OTHERWISE BY SELLER, THE WARRANTY PERIOD FOR PRODUCTS SOLD IN THE U.S. IS ONE (1) YEAR PARTS, NINETY (90) DAYS LABOR FROM THE DATE OF DELIVERY. SELLER'S OBLIGATIONS UNDER THIS WARRANTY ARE LIMITED TO REPAIR OF THE EQUIPMENT AND REPAIR OR REPLACEMENT OF ANY OF ITS PARTS REASONABLY DETERMINED BY SELLER TO BE DEFECTIVE.
However, if the Equipment is located within a SELLER Customer Service area and is covered by a Maintenance Agreement entered into with an authorized SELLER representative at the time of purchase, any material or workmanship found defective will be replaced or repaired at SELLER's option, without charge, at any time during the Maintenance Agreement Period (excluding consumables).
This warranty does not cover software, which is covered by a separate warranty.
6. SOFTWARE WARRANTY
SELLER warrants that it has the right to grant a license for use of the Software included in its Equipment. SELLER warrants for a period of ninety (90) days from the date of sale of its Equipment that the Software will substantially conform to the functionality described in the specifications referred to in Section 5. This warranty is void if a Software error or malfunction is caused by modifications of the Software, by equipment not made by SELLER, by incorrect data or procedures used by BUYER's personnel, or if BUYER fails to apply the current release of the Software provided to BUYER. BUYER'S SOLE AND EXCLUSIVE REMEDIES UNDER THIS WARRANTY ARE (1) THE CORRECTION OF THE SOFTWARE SO THAT IT PERFORMS AS WARRANTED (CORRECTION MAY INCLUDE THE REPAIR OR REPLACEMENT OF THE SOFTWARE AS PART OF SELLER'S MAINTENANCE) OR (2) IF AFTER REPEATED EFFORTS, SELLER DETERMINES AND NOTIFIES BUYER THAT IT IS UNABLE TO MAKE THE SOFTWARE PERFORM AS WARRANTED. BUYER MAY RETURN THE EQUIPMENT TO SELLER AT BUYER'S EXPENSE AND RECEIVE A REFUND OF THE PURCHASE PRICE LESS A REASONABLE ALLOWANCE FOR BUYER'S USE.
7. ECOMMERCE PURCHASE RETURN POLICY
Excluding claims arising under Warranty above, SELLER will accept an item(s) for return only within ten (10) days of receipt by BUYER provided the item(s) is in new and unused condition. In the event of a qualifying return, contact SELLER at (800)745-9483 for specific instructions. SELLER will refund the purchase price upon receipt of the original as new item(s), excluding shipping and handling. Shipment of returned item(s) is the responsibility of the BUYER.
8. NON CONFORMING EQUIPMENT
BUYER must inspect EQUIPMENT promptly upon receipt. Except as provided by written warranty, Buyer waives any claim based on nonconforming Equipment and/or Software unless such claim is made within Thirty (30) days after BUYER learns of the defect complained of, but in any event within ninety (90) days after delivery by SELLER of the Equipment. All claims of BUYER shall be made in writing by certified mail, return receipt requested, addressed to SELLER at its address set forth herein.
9. DISCLAIMER AND LIMITATION OF LIABILITY
The warranties herein shall be applicable only if the Equipment shall be the property of the original purchaser or user and shall have been properly used, operated and maintained in accordance with the manual or instructions provided with the Equipment and for the purpose for which sold. Normal wear and tear and consumable supplies are not covered by these warranties. These warranties shall not be applicable if the Equipment or any part thereof has been repaired or replaced by the buyer without the Seller's prior written permission or has been subjected to any accident, casualty, misapplication, alteration, abuse or misuse.
The warranties herein shall not apply to Equipment or software sold outside the United States, for which Seller’s warranties shall be set forth separately and in accordance with local laws.
No other warranty, either express or implied, and including a warranty of merchantability or fitness for a particular purpose or against infringement, has been or will be made by or on behalf of Seller, or by operation of law with respect to the Equipment and accessories or their installation, use, operation, replacement, or repair whether used alone or with any third party products or software. Seller shall not be liable by virtue of this warranty, or otherwise, for any damages or expenses associated with any theft, loss, transfer or misdispensing of funds or property, loss of data, interruption of business, lost profit or for any incidental, special, or consequential damage resulting from the use or operation of the equipment, or otherwise arising under this agreement, whether or not Seller was apprised of the possibility of such damages. Seller's liability for damages to Buyer for any cause whatsoever shall not exceed the purchase price for the Equipment on which the claim is based. Irrespective of any statute, the Buyer recognizes that the express warranties set for the herein are the exclusive remedy to which it is entitled and waives all other remedies, statutory or otherwise. Repair or replacement shall be Buyer's sole remedy under these warranties.
10. DEFAULTS AND REMEDIES
If BUYER fails to pay any amount to SELLER when due or fails to perform any other material term of this Agreement and such failure continues unremedied for ten (10) days after receipt of written notice from SELLER, BUYER shall be in default and SELLER may cancel all or any part of this Agreement and exercise any available rights. Upon such cancellation, BUYER shall be liable for all applicable costs, charges, and damages, including, but not limited to, attorney's fees.
11. PATENT, TRADEMARK, AND COPYRIGHT INFRINGEMENT
SELLER shall defend and settle, at its own expense, any claim or suit against BUYER alleging any Equipment or Software sold or licensed by SELLER in the form delivered (but not the use thereof) infringes any U.S. patent, trademark or copyright and pay all damages assessed by final judgment against BUYER due to such infringement, provided, however, that BUYER notifies SELLER promptly in writing of any claims, provides SELLER sole control of the defense, cooperates with SELLER and permits SELLER to replace or modify the Equipment or Software to become noninfringing. SELLER may, at its option, reclaims the Equipment of Software and refund the purchase price less a reasonable allowance for BUYER's use. This section states the entire liability of SELLER for infringement by the Equipment or Software.
BUYER acknowledges the Equipment, the Software and all related documentation (the "Information") constitutes proprietary and confidential information of SELLER and that the protection of this information is of the highest importance. BUYER agrees to keep the Information in strict confidence, to take appropriate steps to ensure that persons authorized to have access to the Information shall refrain from any unauthorized reproduction or disclosure of the Information and to restrict access to any display of the Information to BUYER's personnel who need access or display the Information to enable BUYER to use the Information as contemplated by this Agreement and who have been advised of and have agreed to treat the Information in accordance with BUYER's obligations. BUYER will not lend, sell, give, lease, or otherwise disclose the Information or any associated materials derived or developed from the Software without the prior express written approval of SELLER. BUYER will not be liable for disclosure of any Information if such Information; (a) is rightfully known to BUYER prior to receipt of it from SELLER, or (b) is in or comes into the public domain through no act or omission on the part of BUYER, or (c) is rightfully disclosed to BUYER by a third party with SELLER's approval and without restriction on disclosure. BUYER agrees that the Software and all copies and versions made by BUYER are and shall remain the sole property of SELLER. BUYER agrees to include SELLER's proprietary notice on all copies of the Information in whole or in part, and in any form made by the BUYER. The obligations set forth in this Agreement shall survive the termination of this or any other Agreement with SELLER.
13. LIMITATIONS OF ACTIONS
No action shall be maintained by BUYER against SELLER unless written notice of any claim alleged to exist is delivered by BUYER to SELLER within thirty (30) days after the event complained of first becomes known to BUYER, and an action is commenced by BUYER within ninety (90) days after such notice. In no event may action for breach be commenced more than one year after the cause of action accrues.
14. ENTIRE AGREEMENT; GOVERNING LAW
The corresponding sales order, including the specifications referenced herein and the manual and other materials which accompany the Equipment (collectively, the "Agreement"), is the entire contract between the parties with respect to the subject matter hereof and supersedes all prior agreements and negotiations between them as to the subject matter. This Agreement may be amended only in writing signed by the duly authorized representatives of the parties. All additional or conflicting provisions proposed by BUYER are rejected. If any provisions of this Agreement are determined invalid or unenforceable, the remaining provisions shall remain in effect. This Agreement shall be construed in accordance with the laws of the State of Illinois as a contract made and to be performed in that State.
This Privacy Statement describes the practices of Cummins Allison (“SELLER”) with respect to operation of the website located at store.cumminsallison.com. It applies to SELLER’s interactions with its customers and visitors, including, but not limited to: Use of SELLER websites, including mobile websites; Attendance at SELLER events; Use of SELLER applications for mobile phones, tablets or other smart devices; Phone and email communications; Social media interactions on SELLER websites and other third party websites like Facebook, YouTube, Pinterest, Google+, Instagram and Twitter; and Viewing SELLER online advertisements or emails. By accessing or otherwise using this website in any manner you (“USER”) acknowledge an awareness and acceptance of the practices described below.
2. COLLECTED INFORMATION
SELLER may collect the following types of information:
SELLER may collect the names and user names of its customers and other visitors. Additionally, SELLER may collect USER purchase history, billing and shipping addresses, phone numbers, email addresses, other digital contact information, and information provided about third parties.
When USER makes a purchase SELLER may collect payment information, including information from USER’s credit or debit card, check, PayPal account or gift card.
When USERS return a product or request a refund or exchange, they may be asked to provide their name, address, phone number and information that identifies them, such as a driver’s license. Information that is collected from USERS and captured from government issued ID is used to process and track returns and to help detect and prevent fraud and otherwise administer SELLER’S loss prevention program.
SELLER may collect information about products or services USERS prefer, reviews that are submit, preferred shopping location, and information such as your age or gender.
If USER applies for an employment opportunity, they may be request to provide certain personal information (such as information contained in a resume, cover letter or similar employment-related materials, or any applicable pre-screening questions).
SELLER may collect any of the information or content that USER provides through websites, mobile applications, or online forums. SELLER collects IP (Internet Protocol) address and other related information such as the type of browser and operating system USER is using. SELLER might also track the pages visited, previous websites visited, or website subsequently visited.
3. MANNER OF COLLECTION
SELLER may collect information directly from USER, passively using tracking tools like browser cookies, flash cookies, and web beacons, or from third party business partners, such as an updated address from a shipping vendor. Information may be collected from USERS: i) during website or survey registration, ii) in connection with an online purchase, iii) during participation in an online forum, such as submission of a question or comments or reviews, iv) via upload or sharing of a photo or other digital content through SELLERS website(s), applications or via social media interactions on third party websites like Facebook or Twitter, v) if USER requests a quote, warranty or other information, vi) if USER returns a product, requests an electronic copy of a receipt, or applies or inquires about employment, or vii) in connection with interaction as a registered user of SELLER’S website(s).
4. LIMITED USE OF INFORMATION
SELLER may use information obtained from USER for legitimate business purposes and as legally required or permitted. Examples of legitimate business purposes for using USER information include:
To respond to USER questions and requests, such as fulfilling orders, ensuring proper delivery or providing services, administering USER participation in a contest, sweepstakes or other promotion, registering USERS for a particular website, processing a return, or responding to a product or service review.
To improve SELLER’S products and services
SELLER may use USER information to make website, mobile application, or product and service improvements.
To look at website and mobile application trends and customer interests
For security and loss prevention purposes, to protect SELLER, its customers, or its website(s) by helping to detect and prevent fraud and otherwise administer SELLER’S loss prevention program.
For marketing purposes, such as delivering marketing communications (including online ads) based on USER interests.
To communicate with USERS about their account
SELLER may provide information about issues with USER’S orders or if there is a product recall or rebate.
For employment purposes
For social media
For other uses SELLER may disclose to USER, with USER’S consent, and as otherwise permitted or required by law.
5. SHARING OF INFORMATION
SELLER may share USER information for legitimate business purposes and as legally required or permitted. Examples of legitimate business purposes for sharing USER information include:
With third parties who perform services on behalf of SELLER.
With any successor to all or part of our business, for example, if all or part of our business is sold we may sell or disclose our customer list in preparation for or as part of that transaction.
As may be required to comply with the law, for example, to respond to a court order or subpoena. We may also disclose information if a government agency or investigatory body requests it.
With business partners of SELLER, for example, with an Affiliate or a business partner who is running a joint promotion with SELLER who provides a product or service in partnership with SELLER.
To protect SELLER, for example, in the event of suspected fraud or as part of an investigation.
At USER’S direction, such as if USER requests SELLER to provide information to a third-party to facilitate the resolution of a dispute.
6. INFORMATION SECURITY
All order information entered on SELLER’s website, including credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes USER’s browser to encrypt order information before transmitting it to SELLER’s secure server. SSL technology is an industry standard designed to prevent someone other than operators of our websites from capturing and viewing personal information. USER AGREES THAT WHILE SSL TECHNOLOGY IS AN INDUSTRY STANDARD FOR PROTECTING WEBSITES AND PERSONAL INFORMATION, THE INTERNET IS NOT 100% SECURE. The security measures employed by SELLER are appropriate for the type of information collected. HOWEVER, SELLER cannot and does not represent, promise, warrant or assure that use of SELLER’s website will be completely safe. SELLER strongly encourages USER to exercise extreme caution when using the Internet.
7. USER PRIVACY; CONTACT INFORMATION
USER may contact SELLER to modify preferences with respect to its interest in receive marketing communications from SELLER or restrict other uses of USER information. All preferences and / or questions can be directed to SELLER at 1-800-786-5528 or reach us by email at store.cumminsallison.com or in writing at:
852 Feehanville Drive Mt. Prospect, IL 60056
From time to time SELLER may change its privacy policies. USER will be notified of any material changes to this Privacy by updated copy posted in its website. Effective Date: October 20, 2017