Terms of Use

Effective Date April 15, 2011

Welcome to Alphabatics.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.
By accessing or otherwise using this alphabatics.com website ("Website "), you agree to be bound by these terms and conditions of use.

Alphabatics, LLC ("Alphabatics") provides products and services to you subject to the following conditions. If you visit or shop at alphabatics.com, you accept these Website Terms of Use ("TOU") and you agree to follow and be bound by them as if you signed this agreement. Alphabatics reserves the right to modify or change the terms and conditions at any time without prior notice to you. Therefore, we recommend that you read the TOU carefully each time you visit this Website. If you access or use the Website after Alphbatics posts a change, you accept that change. If you do not accept the change, do not access or use the Website. This Website is available only for your personal, non-commercial use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with the terms and conditions set forth below.

1. Restrictions on Use of Website and Inappropriate Behavior

You agree not to engage in any conduct that, in Alphabatics's sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, download, display, transfer, post, or transmit the Website, its Content or any other information in any form without Alphabatics's prior written permission. You agree to use the Website only for lawful purposes. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind.

The following activities are also expressly prohibited without Alphabatics's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

2. Ownership of Information and Intellectual Property Contained on Website

You acknowledge that this Website may contain images, artwork, catalog content, graphics, sounds, pricing, text, audio, and other information and other components (collectively "Content"). The Content is the property of Alphabatics and is protected by copyright (whether registerable or not), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. All Content is a collective work under the U.S. copyright laws and is protected by worldwide copyright laws and treaties. You agree not to copy, reproduce, modify, publish, download, upload, frame, post, transmit, or distribute Content in any way. Except as expressly provided herein, Alphabatics does not grant any express or implied license or other right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content.

3. Permitted Use of Website Content

You may view and print information relating to your orders from the Website subject to the following conditions: (a) the Content may be used solely for information purposes; and (b) the Content may not be modified or altered in anyway. You may not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alphabatics or its suppliers without the express written consent of Alphabatics. Trademarks, logos and information of Alphabatics and its suppliers contained on the Website are, and shall remain the property of Alphabatics and its suppliers. You may not use any meta tags or any other "hidden text" utilizing the Alphabatics name or trademarks without the express written consent of Alphabatics. You may not use any Alphabatics logo or other proprietary design or trademark as part of the link without express written permission of Alphabatics. You do not acquire any ownership rights to any Content in the Website. Any unauthorized use terminates any permissions or licenses granted hereunder.

4. Information Accuracy and Updates

The information published on this Website may include inaccuracies or typographical errors. Alphabatics may add, delete or change information contained on this Website. Alphabatics shall not be liable for any errors or omissions on this Website. Alphabatics does not warrant the accuracy or completeness of the content, information, text, graphics, links or other items contained on the Website.

5. Communication of Unsolicited Ideas

Information delivered to this Website (whether via posting, electronic mail, or otherwise) shall not be considered by you to be confidential. Alphabatics shall not be responsible to keep such information confidential and Alphabatics shall not be liable for any use or disclosure thereof.

Alphabatics is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its products. However, you may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any remarks, suggestions, ideas, messages and data submitted by you to Alphabatics through this Website (collectively, the "Messages") shall be and remain the sole and exclusive property of Alphabatics and may be used by Alphabatics for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to Alphabatics, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Alphabatics of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Alphabatics is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction.

6. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are responsible for securing and keeping passwords confidential.

7. Product Display/Colors

The Website attempts to display product images shown on the site as accurately as possible. However, Alphabatics cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the display you are using to view the Website.

8. Terms and Conditions of Sale

These terms and conditions of sale relate to your purchase of products and on or through the Website. You consent to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

a. Title to products and risk of loss or damage during shipment passes to you upon shipment from Alphabatics or its supplier, as applicable. Alphabatics retains a security interest in the products until payment in full is received. You will be responsible for all shipping and related charges. Alphabatics ships merchandise only to locations within the United States and not to international locations.

b. All pricing and shipping charges are subject to change. Alphabatics reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Alphabatics cannot guarantee that it will be able to fulfill your orders. When you receive your order confirmation, you will receive an approximate shipping date. If you need your order by a specific date, please indicate the date when you checkout and we will try to accommodate your request. Shipping costs are set forth in the chart below.

SHIPPING TABLE
Order Freight Costs

c. Alphabatics will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

d. Return Policy. If you receive damaged products, you can return the product within seven (7) days of the original invoice date. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Any custom orders are not returnable. Damaged items will be repaired or replaced at the discretion of Alphabatics. If it is determined that there is no damage, the item will be returned to the customer, and no credit will be issued. Any shipping, handling, and transaction fees originally paid are not refundable except if the return/exchange is a result of Alphabatics error.

e. Taxes. Alphabatics is not responsible for any sales, use, value added or other taxes, fees or charges arising out of transactions made through this Website or use of this Website.

9. Incorporation of Privacy Policy

Because Alphabatics respects your right to privacy, Alphabatics has developed a Privacy Policy to inform you about our privacy practices. Please review the Privacy Policy incorporated herein and applicable to this Website.

10. Warranty and Other Disclaimers

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS AND AS AVAILABLE" BASIS. ALPHABATICS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, QUALITY OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY, AND WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all services, products and other information provided through the Website or on the Internet generally. Alphabatics does not warrant or guarantee the accuracy, adequacy quality, currentness, validity, completeness or suitability of any Content for any purpose. Alphabatics does not warrant that your use of the Website will be uninterrupted or error free.

11. Limitation of Liability

In no event will Alphabatics be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, loss of information, and the like) arising out of the use of or inability to use the Website, or any information provided on the Website, even if Alphabatics or its authorized suppliers have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies on the Website and/or materials or information provided through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Alphabatics's liability is limited to the greatest extent permitted by law.

12. Indemnification.

You agree to indemnify, defend and hold harmless Alphabatics, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this TOU (including negligent or wrongful conduct) by you or any other person accessing the Website or Content.

13. Links to Other Sites

The Website may contain links to other web sites on the Internet. Alphabatics is not responsible for and does not endorse the content, products or services of any third party websites, including, without limitation, sites framed within the Website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such websites.

14. For Use in the United States

This Website is controlled and operated by Alphabatics within the United States. Alphabatics does not represent that the Website is appropriate or available for use elsewhere; access to the Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so at your own risk.

15. Jurisdiction and Venue

This TOU shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law provision. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Illinois. 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 Website, Content or these terms and conditions must be filed within one (1) year after such claim or cause of action arises.

16. Miscellaneous Terms

Alphabatics's failure to insist upon or enforce performance of any provision of these TOU 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 provision of this Agreement. You may not assign your rights and duties under this Agreement to any party at any time. This is the entire agreement between the parties relating the subject matter herein and supersedes any prior understanding, agreements or representations whether written or oral. If any provision of these TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

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