Privacy Notice - Terms of Use

Privacy Notice-Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  THESE TERMS AND CONDITIONS (“T&C”) CHANGE FROM TIME TO TIME. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C.  IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE. 

Bindingproducts.com (“Site”) is owned by Binding Products, Inc. (“BP”) and is currently provided free of charge to users who agree to abide by these T&C.  BP reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as BP sees fit.  Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site.  Users should check these T&C periodically.  By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them. 

Accuracy of information:  Prices shown on the Site apply solely to products and services on the Site, and not to product purchased in our Store.  Price and availability are subject to change without notice. 

We attempt to display all products shown on the Site in an accurate manner, but may occasionally make errors. We cannot be responsible for photographic differences in size, shape and color of the products.

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell.  We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether. 

Users/Participants:  We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. This site is designed primarily for use by business, but in no event should any person under the age of 13 use the Site without the consent of their parent or legal guardian.  We strongly encourage all parents and guardians to monitor the Internet use by their children.  Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older. 

Cookies: “Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website.  BP uses cookies to enhance your shopping experience with us.  Cookies are used to keep track of your shopping cart and to save your password so you do not have to reenter it each time you visit the Site.  To learn more about how we protect customer information, please review our Privacy Statement. 

Copyrights, Trademarks & Restrictions:  The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by Binding Products, Inc. ALL RIGHTS RESERVED.  Binding Products for All Your In Office Binding Needs®, other trademarks, and all page headers, custom graphics, and custom icons are service marks and trademarks of Binding Products, Inc. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. 

The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of BP and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by BP and by copyright law, trademark law, international conventions and other intellectual property laws.  You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by BP or its subsidiaries or affiliates) without BP’s prior written permission.  However, you may print in hard copy portions of the Site with the sole intent of placing an order with BP or applying for credit.  Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without BP’s prior written permission is strictly prohibited.  Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of BP or third parties. 

Privacy Policy:  We collect and store personal information that you give us when you shop and/or register on our Site, complete an application, request a catalog, place an order, or contact us in any way. This information may include your name, mailing address, e–mail address, telephone number, fax number, credit card number and expiration date, and other optional demographic information.

How we use and share personal information: We use the personal information we collect to process your orders, identify you within our systems, contact you if we have questions about your order, and notify you about new services or special promotional programs. BP and in some cases the sponsoring manufacturer will have access to information you provide. We share your personal information with third parties that perform services for us or on our behalf (for example, credit card companies, financial institutions, shipping companies, manufacturers making product for us, consultants and advisors, and market research firms) and when, in our judgment, we believe it is necessary or appropriate to prevent fraud, injury, or harm to persons or property, to protect our rights or the rights of others, to comply with applicable laws and regulations, or as otherwise required by law. We limit the scope of the information provided to third parties, and we allow its use only for the purposes for which it was disclosed.
 
Conduct of User: You agree that you will not:  (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which BP considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

Indemnity: By using the Site, you agree to indemnify BP for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights).  You agree to cooperate as fully as reasonably required in the defense of any claim.  BP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.    

Disclaimer, Limitation of Liability: THE SITE IS PROVIDED BY BP ON AN “AS IS” AND “AS AVAILABLE” BASIS. BP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  BP IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.  NEITHER BP NOR ITS AGENTS OR VENDORS REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. 

NEITHER BP, ITS AGENTS, OR VENDORS IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF BP, ITS AGENTS, OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

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 MIGHT HAVE ADDITIONAL RIGHTS.

Termination:  BP may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C.  In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these T&C will survive termination.  In the event that you are unsatisfied with the services provided by BP, your sole remedy is to terminate your use of the Site.

Jurisdiction:  BP operates the Site from its offices within the United States.  BP makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States.  If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  You may not use the Site in violation of U.S.  export laws and regulations.  These T&C will be governed by and construed in accordance with the laws of the State of New York, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the State of New York; provided, however, that notwithstanding anything contained in these T&C to the contrary, BP shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce BP’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.  Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.  If any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force.  These T&C constitute the entire agreement between you and BP concerning your use of the Site.

Comments, Complaints and Questions: We welcome your feedback about the Site.  However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of BP, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.  Should you have any questions or complaints regarding violations of these T&C, please contact us.