TERMS & CONDITIONS OF USE and TERMS OF SALE
I. TERMINATION OF ACCESS
The use of the Site and its services is a privilege. Users who violate these Terms may be denied access to the Site and we reserve the right to suspend your use of the Site for any reason at any time, in our sole discretion.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
III. ACCEPTABLE USE OF THE SITE
The Site and its services are intended to facilitate the offering for sale products distributed by CTA, Inc. and otherwise provide information resources. A limited license is granted to you by us to view, download, and use a single copy of the Site solely for your personal, non-commercial use and only as an aid to shopping on, and authorized use of, the Site. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Site, unless you have our express written consent.
IV. PRODUCT ORDERS
Submission of Your Order
Quantity Limits and Dealer Limits
We reserve the right to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers.
Acceptance of Your Order
You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. We reserve the right to decline your order at our sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If we decline your order, we will credit your credit card and/or otherwise refund any amount charged with respect to such order.
Purchase and Receipt of Your Merchandise
CONTACT US. Customer satisfaction is important to us. You can contact us in many ways: Online, by phone, or via fax. See Paragraph XV for our contact information.
ORDERING BY PHONE OR BY FAX. All express orders, overnight, second day, and three day deliveries placed by phone or by fax must be received by 2:00pm Central Time in order for us to attempt to ship it out that day.
ORDERING ONLINE. All express orders, overnight, second day, and three day deliveries placed online must be submitted by 12:00pm (noon) Central Time in order for us to attempt to ship it out that day.
Out of Stock / Backorder
Occasionally, certain items may be out of stock. If an item you selected is temporarily out of stock at the time of your order, it will be noted on your packing slip. Unless otherwise requested, in-stock items will normally ship immediately and backordered items will be shipped as soon as they are available.
SHIPPING POLICIES. We try to ship your order on the same day or the day after we receive it. We ship only on standard business days. For example, if your order is placed overnight delivery on Saturday, your package will ship on Monday and you should receive it on Tuesday. If your shipment is time-sensitive, please call before ordering to confirm that we will be able to meet your requirements. We will make all reasonable efforts to initiate shipment and schedule delivery as close as possible to your requested delivery date(s). However, please keep in mind that our delivery dates are estimates only and that shipments may be affected by factors outside our control and we cannot be responsible for delays or shipping errors caused by the shipment carriers.
CARRIER. We primarily ship FedEx, UPS and USPS. Other carrier services may be available upon request. However, we reserve the right to ship with the carrier of our choice when necessary. We ship via standard ground delivery, unless you upgrade to 1 or 2 day shipping at the time you place your order. Shipping charges vary per item but we try our best to charge exact shipping prices. Please contact us for a quote. Overnight, 2nd day, and priority shipping are available on most items. Contact us if you have any questions.
TERMS. All shipments are F.O.B. point of shipment from our distribution point. Unless otherwise agreed to, you are responsible to pay all shipment charges, which are in addition to the purchase price of the products. We may make deliveries in installments, as necessary.
INTERNATIONAL ORDERS. International orders are subject to additional handling charges, higher shipping rates, and applicable customs, duties and taxes, all of which are the responsibility of the customer. Please be aware that many manufacturer's warranties do not provide coverage outside the US, and some products may not be exported under any circumstances due to manufacturers' restrictions or United States law. We make no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the US.
PRICING. All prices on our site are in US dollars. If you are a non-US customer, your credit card company will normally convert your order total from US dollars to your local currency.
EXPORT TERMS OF SALE. Standard export quotation pricing is F.O.B. shipping point, at which point legal title and responsibility for goods is transferred to the buyer. Charges for insurance and shipping will be added to the invoice unless other arrangements were made. A handling charge will apply for special consular certification, export documentation or special packaging for sea freight. Buyer is responsible for tariffs or import duties. We will not accept back or refund packages on the grounds that you were not aware of these fees. Any taxes or shipping fees that go unpaid will automatically be charged to your account.
EXPORT COMPLIANCE. By proceeding with a transaction to purchase any items from us, the Buyer certifies that it will comply with all requirements imposed by all applicable United States and international laws, regulations and administrative policies.United States law prohibits the sale, transfer, or export of items to Embargoed Countries and entities on the Department of State's List of Debarred Parties, the Department of Commerce's Denied Persons List, and the Department of the Treasury's Specially Designated Nationals and Blocked Persons List. It is the Buyer's responsibility to be aware of the Lists of Embargoed Countries, Debarred Parties, Denied Persons, and Specially Designated Nationals and Blocked Persons. These Lists can be found at the U.S. Government websites listed below.
U.S. Department of Commerce
Bureau of Industry and Security
Phone: (202) 482-4811
U.S. Department of State
Bureau of Political-Military Affairs
Directorate of Defense Trade Control
Phone: (202) 663-2980
U.S. Department of the Treasury
Office of Foreign Assets Controls
Phone: (202) 622-2480
Sales & Use Taxes.
Purchasers are responsible for payment of their state or local sales/use tax, if any, and any other taxes payable by reason of this transaction. We reserve the right to charge any sales or use tax on any product orders where necessary or advisable, and/or to request an acceptable signed official state resale certificate or sales tax exemption certificate with any order.
V. INTELLECTUAL PROPERTY
All content included on this site, including but not limited to Text, Graphics, Design, Programming, logos, button icons, images, data compilations and software, is the property of CTA, Inc., its content suppliers, and/or licensors as the case may be and is protected by United States and international copyright and trademark laws. You are not authorized to make any use of such content except as otherwise allowed under this Termsof Use.
VI. PRODUCT DESCRIPTIONS AND PRICING
We attempt to be as accurate as possible with regards to descriptions and pricing, but do not warrant that the product descriptions, pricing or other content of this site is accurate, complete, reliable, current, or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
VII. SECURITY RULES
To ensure the security of the Site and of users, the following security rules govern your use:
Protect Your Password
You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.
You are prohibited from doing any of the following:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Submitting or inserting any malicious code to, or through, the Site.
Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
VIII. WHAT WE DO TO KEEP THE SITE SECURE
We employ reasonable procedural and technical safeguards to secure your sensitive personally identifiable information against loss, theft, alteration, and unauthorized access, use and disclosure.
Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
What You Can Do To Protect Your Information?
- Use only secure websites when disclosing your sensitive information. Secure pages begin with "https".
- Avoid using easy to figure out access and personal ID (PIN) codes.
- Never respond to unsolicited requests for your social security number or financial information.
- Do not disclose your passwords to the Site or your account information to any other person.
- Be sure to log off and close the browser when finished using a shared computer.
The Site may contain hyperlinks or "links" to websites owned and operated by others. We are not responsible for the privacy and security practices of others once you leave our Site. If you provide any information to parties who operate websites that are linked to or from this Site, different rules may apply to their collection, use or disclosure of your personally identifiable information. We encourage you to review other websites' or advertisers' policies before revealing any sensitive or personal information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.
IX. WARRANTY, DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site and/or to order products from us. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, and delivery of products to you, is expressly limited as follows:
Our Warranty Concerning Products Sold to You.
You must be absolutely delighted with your purchase or you may return it for a full refund, credit or exchange. No Quibble-No Questions-No Kidding. This means if you are not satisfied for any reason with the products you ordered, you may return them to us.
Disclaimer of Other Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. OTHER THAN THE WARRANTY EXPRESSLY PROVIDED IN THESE TERMS, WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
WE MAKE NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE SPECIFICALLY EXCLUDED AND SHALL NOT APPLY. YOUR OBLIGATIONS AND OUR REMEDIES WITH RESPECT TO DEFECTIVE OR NONCONFORMING PRODUCTS, ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. FURTHERMORE, NO WARRANTY WILL APPLY IF THE PRODUCT HAS BEEN SUBJECT TO MISUSE, STATIC DISCHARGE, NEGLECT, ACCIDENT, MODIFICATION, OR HAS BEEN SOLDERED OR ALTERED IN ANY WAY.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE AND/OR OUR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFIT OR REVENUE, RECALL COSTS, CLAIMS FOR SERVICE INTERRUPTIONS OR FAILURE, INSTALLATION OR REMOVAL COSTS, COSTS OF SUBSTITUTE PRODUCTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR LEGAL EXPENSES, RESULTING FROM THE SALE OR USE OF ANY MERCHANDISE BOUGHT FROM US OR THE USE OF THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND/OR OUR AFFILIATE'S (SEVERALLY AND NOT JOINTLY) MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $100.00 WITH SUCH REMEDIES BEING EXCLUSIVE AND IN LIEU OF ALL OTHERS.
Conduct of Users
We assume no responsibility for the activities or conduct of Users.
Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.
X. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites (if you are interested in advertising your merchandise, company or web site, contact our Sales department);
b. It may not contain copyrighted material, unless you own the copyright or have the owner's permission to post the copyrighted material, and provide all necessary information and permissions in advance to CTA, see Paragraph XV for our contact information;
c. It may not contain trade secrets, unless you own them or have the owner's permission to post them and provide all necessary information and permissions in advance to CTA, see Paragraph XV for our contact information;
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes;
j. You may not download or export any software from this Site in violation of United States Export Control laws, which prohibit the export of certain data and software to certain countries and certain persons, including those subject to embargo or other restrictions, or on the applicable lists maintained by the United States Treasury Department, State Department, Commerce Department, Homeland Security Department, or other governmental agency or authority.
We will cooperate fully with any law enforcement authorities or any court order requesting or directing us to disclose the identity or any identifying information we have about anyone posting or transmitting any such information, materials, or code.
XI. MONITORING OF INFORMATION
We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site by Users, if any. Each User assumes the risk of verifying the accuracy of information posted by Users (if any) through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for any reason whatsoever.
XII. RIGHTS TO INFORMATION
XIII. CLAIMS OF COPYRIGHT INFRINGEMENT
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to the Site's designated agent noted below (the "Designated Agent"). If You believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, You must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached using the contact information in Paragraph XV; please reference "Copyright."
If a valid notification of alleged copyright infringement is received, we will investigate the matter and may instruct the removal of, or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
XV. CONTACT INFORMATION
P. O. Box 1205
Fenton, MO 63026-1205