- “We”, “Our” & “CECOR” as used in this Agreement refer to Urso & Urso, Inc. its officers, agents, employees, directors, contractors, vendors and affiliates.
“Service(s)” refers to all electronic communications and the use thereof, including but not limited to, CECOR products, website, blogs, ecommerce or any other electronic communication between CECOR and You.
- “the Site” refers to the CECOR’s website cecor.net.
- “You” & “Your” refer to the user of the Site & Services.
- “Customer” refers to You and/or Your employer.
- “Products” refers to equipment, materials and supplies sold through the Site.
- “Third-Party Websites” refers to websites listed or referred to on the Site not owned or operated by CECOR.
- “Third-Party Partners” refers to companies not owned or controlled by CECOR that are working with CECOR and We attain information from and/or share information with to market to Our Customer.
- “Tracking Technologies” refers to cookies, flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology.
Customer agrees they have the authority to enter into the Agreements with CECOR.
CECOR may notify You of changes to the Agreements through a general posting on the Site but is not required to do so. We recommend you review the Agreements from time to time to verify Your continued agreement with them. You shall be deemed notified of any changes each time you use the Service. This is the only means of official communication recognized for the purpose of actively communicating with You regarding this Service.
Section 2.0 – Limited License
- 2.01 CECOR grants you a non-exclusive, non-transferable, revocable license to access and use the Site for you to learn about CECOR and Our Products, and make purchases of Products through the Site, strictly in accordance with this Agreement. Other product and company names mentioned in the Site may be the Intellectual Property of their respective owners.
- 2.02 Unless otherwise noted, all content without limitation, graphics, logos, brand names, images, photographs, video clips and other materials related in the Site are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed under Section 2.4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Service.
- 2.03 CECOR and its logos are registered trademarks of CECOR. Other product and company names mentioned on the Site may be trademarks of those respective owners.
- 2.04 The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sub-license, sale, or preparation of derivative works.
- 2.05 CECOR provides access to information, via the Internet, of all kinds relating to CECOR Products, what our Products do, how they benefit companies and the manufacturing & service industries in general.
- If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. CECOR and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- CECOR and its associates attempt to be as accurate as possible. However, CECOR does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CECOR itself is not as described, your sole remedy is to return it in unused condition.
Section 3.0 – Financial Responsibility
- 3.01 It is your sole responsibility to keep all billing and shipping information You voluntarily give to CECOR, whether company or personal, accurate and complete. This includes, but is not limited to, Customer legal name, Your name, Customer address, including city, state, country & zip code, Customer telephone number and appropriate Customer email address. If Customer sets up an account with CECOR Customer agrees to inform CECOR of any changes to the recorded information within 30 days of the change. Customer authorizes CECOR to obtain credit and/or trade information to verify creditworthiness when CECOR determines it necessary. When you use the Site to purchase Products You attest to Your authority to purchase from the Site and agree to all of its rules for payment & returns as laid out in the Agreements.
- 3.02 Customer agrees to pay CECOR all charges and fees for the Product(s) You purchase including but not limited to shipping & handling fees, late fees, invoice surcharges, cashier check fees, wire fees, or other special money-transfer or deposit fees, if applicable. CECOR may calculate an estimated shipping & handling charge at the time of purchase. The actual shipping & handling charge will be determined when the product is shipped to the Customer. Any adjustments to the shipping & handling charges will be made at the time of shipping and charged to Customer with a final invoice that will be either mailed through the postal service or emailed to the appropriate Customer email address on record at the time of shipping.
- 3.03 Customer agrees to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on the Customer account. CECOR shall have the right to bill and collect any applicable taxes where required by law. If CECOR is audited by a Governmental entity and it is determined there is additional tax due on an invoice produced on the Customers behalf, Customer agrees to paying the additional tax along with any associated interest and/or penalties.
- 3.04 Unless otherwise provided by written agreement between You and CECOR, CECOR reserves the right to change its Product prices or institute new charges or fees for the Products at any time. The only notification required to You by CECOR is to update the prices or fees on the Site.
- 3.05 Customer is subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum allowable rate under state law, whichever is greater. If any instrument received in payment is returned to CECOR unpaid, Customer account will be considered to be in default, and in addition to the amount past due and any late payment charges due, Customer will be subject to the bank’s current deficiency charge (eg returned check charge, additional credit card charge, etc) and any applicable CECOR fee charge. In addition, if Customer defaults on their account, Customer shall also be subject to pay to CECOR its reasonable expenses, including attorneys’ fees and collection agency fees, incurred in enforcing its rights under the Agreements.
- 3.06 If You pay by credit/debit card, You expressly authorize that You have permission to use the credit/debit card from its owner and You agree to have CECOR charge the credit/debit card account number the amount plus any other outstanding charges from Customer. If Customer credit/debit card is declined, Customer will be subject to the interest charges, fees & penalties set forth above.
- 3.07 You must contact CECOR by email and at the phone number provided on the Site within 60 days of the invoice or transaction date of any charge You believe CECOR has made in error. Refunds, credits or adjustments may not be given for any charges which are more than 60 days old from date of invoice.
- 3.08 If You have an open account with CECOR, and CECOR agrees to allow You to charge Your purchase through the Site using a purchase order number, Customer accepts CECOR’s standard terms as stated here and agrees to pay within 30 days of shipping unless stated otherwise in writing to Customer by CECOR. All purchases on open accounts will require a valid purchase order. The Agreements will supersede any conflict between Your purchase order and the Agreements.
Section 4.0 – Shipping and Receiving
- 4.01 CECOR reserves the right, at CECOR’s sole discretion, to control all shipping logistics. This includes but is not limited to shipping date, shipping method, shipping carrier and the price of the shipping. The Site will give an estimated price to You and the final price will be determined on the day the shipment leaves the CECOR dock. Unless otherwise stated to Customer in writing, by CECOR, all Product(s) are shipped FOB CECOR dock.
- 4.02 Customer agrees to inspect all CECOR Product(s) at time of receiving, note any damages in writing on the carriers shipping/receiving documents, take pictures of damaged areas noted on the receiving documents for all Products being received with the carrier receiving documents. All Products are considered AS-IS after the products are delivered to the Customer.
- 4.03 Customer agrees to be responsible for all damages to Product(s) they received from CECOR except those noted on the receiving document as stated in 3.10.
5.0 – Links to Third-Party Websites
The Site may contain links to Third-Party Websites. Such links are provided for your reference only. CECOR does not monitor or control other Websites and is not responsible for their content. CECOR inclusion of links to other Website does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does CECOR’ inclusion of the links imply that CECOR is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
6.0 – Third-Party Partners
We reserve the right to use Third-Party Partners to facilitate all types of electronic advertising and Tracking Technologies. We use the personal information we collect to operate, maintain and provide to you the features and functionality of the Service, to communicate with you, to monitor and improve our Service and business, and to help us develop new products and services. If you choose not to provide personal information, we may not be able to provide you with requested products, services or information.
We, or the third party partners we use, may use the data collected through Tracking Technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) perform analytics and detect usage patterns on our Service; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise to plan for and enhance our service.
7.0 – Content Disclaimer
Postings on the Site are made at such times as CECOR determines in its sole discretion. You should not assume that the information contained on the Site has been updated or otherwise contains current information. CECOR does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. Pictures or images reflecting products offered for sale on the Site may appear different than the actual product shipped. THE INFORMATION AND MATERIALS IN THE SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
8.0 – Return Policy
If Customer determines the Product needs to be returned and We agree returning a Product is in the best interest of both CECOR and the Customer then We will issue a return material authorization number (RMA) to Customer. The Customer will need to package up the Product(s) being returned in a similar manner as they were received, clearly state the RMA number on the outside of the packaging and ship the package at Customers expense to CECOR. When We receive the return Product(s) We will accept it from the shipping company and have 5 business days to determine if the Product is in salable as new condition. If We determine it is salable as new, then CECOR will charge a maximum 25% restocking fee. This fee will be immediately payable to CECOR by Customer. If Customer does not pay the fee within 10 days the Product will be considered owned by the Customer and the full balance of the Product invoice will be owed to CECOR by Customer. If Customer prepaid CECOR then the Customer will receive a check or ACH payment for the amount of the Product invoice less the return fee. If We determine the Product is not salable as new, We will give the Customer 5 days to determine if the Customer wants the product shipped back to the original shipping address or to have CECOR keep the Product(s) and discard at CECOR’s sole discretion. The Customer will be responsible for any additional costs associated with shipping or any other costs We determine is related to the RMA.
9.0 – No Warranties; Exclusion of Liability; Indemnification
THE SITE IS OPERATED BY CECOR ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CECOR SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR THE SITE AND ANY PRODUCTS YOU PURCHASE THROUGH IT. CECOR SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR PRODUCTS OR SERVICES SOLD THROUGH THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER CECOR OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, PRODUCTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL CECOR’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO CECOR FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, CECOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
CECOR MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE, PRODCUTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
10.0 – Indemnification
You agree to defend, indemnify and hold CECOR harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any Products you purchase through it.