Terms & Conditions
Welcome to Apac4kinc!
Apac4kinc
and its affiliates ("Apac4kinc",
"we"
or "us")
provides this and other websites (including applications and other online
services that are accessible through various desktop, tablet and mobile web
browsers from time to time) (collectively, "Sites") subject
to your compliance with these Terms & Conditions.
PLEASE
READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITES. These Terms
& Conditions constitute an agreement between Apac4kinc and you. We
recommend that you print out a copy of these Terms & Conditions for your
records.
By
using the Sites, you affirm that you are able and legally competent to agree to
and comply with these Terms & Conditions. If you do not agree to these
Terms & Conditions or if you are not legally competent to agree to them,
then you may not use the Sites.
Please
note that these Terms & Conditions contain provisions that govern the
resolution of claims between Apac4kinc and you. Please see the Indemnity,
Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections
for complete details.
Privacy & Security
Please
review our Privacy Policy. To the extent there is a conflict between the terms
of the Privacy Policy and these Terms & Conditions, the Terms &
Conditions govern.
Information
security is important to Apac4kinc. We have established appropriate physical,
electronic and managerial safeguards to protect the information that we collect
from or about our users. Apac4kinc does, however, reserve the right at all
times to disclose any information as Apac4kinc deems necessary to satisfy any
applicable law, regulation, legal process or governmental request.
Changes
Apac4kinc
reserves the right, at any time, to change these Terms & Conditions, our
Privacy Policy and/or the Sites. Your use of the Sites following any such
change constitutes your agreement to follow and be bound by the Terms &
Conditions and/or Privacy Policy as revised. The revised Terms & Conditions
and/or Privacy Policy supersede all previous versions, notices or statements
regarding the Sites. If we request, you agree to sign a non-electronic version
of these Terms & Conditions.
We
will notify you of any change to these Terms & Conditions by updating the
"Last Updated".
Intellectual Property Rights
The
Sites contain valuable trademarks and service marks owned and used by Apac4kinc,
including but not limited to, Apac4kinc, the Apac4kinc design logo
(collectively, the "Apac4kinc
Marks"). Any use of the Apac4kinc Marks without the prior
written permission of Apac4kinc is strictly prohibited. The arrangement and
layout of the Sites, including but not limited to, the Apac4kinc Marks, images,
text, graphics, buttons, screenshots, music, digitally downloadable files, and
other content or material (collectively, the "Site Content"),
are the sole and exclusive property of Apac4kinc.
UNAUTHORIZED
COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING,
POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY
PART OF THE SITES IS PROHIBITED.
Apac4kinc
uses a network of independent product and content suppliers, distributors and
other such third parties to supply some of the products and content advertised
on the Sites. All other trademarks, service marks, product names, package
designs and company names or logos associated with these product and content
suppliers, distributors and other such third parties that are not owned by us
but appear on the Sites are the property of their respective owners.
User-Generated Content
From
time to time, the Sites permit the submission of content, such as comments,
blogs and product reviews, generated by you and others users ("User Content").
You
are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential
and non-proprietary.
By
submitting User Content, you represent and warrant to Apac4kinc that: (i) your
User Content does not violate any copyright, trademark, trade secret, patent or
other intellectual property right, any right of privacy or publicity of any
third party or any applicable law, rule or regulation, (ii) you own or have the
legal right to use and authorize Apac4kinc to use your User Content, including
written consent to use of any product or the name, voice, likeness or any other
applicable personal rights of each identifiable person featured or referenced
in your User Content and (iii) your User Content does not violate Apac4kinc's Acceptable
Use Policy set forth
below.
As
between you and Apac4kinc, you will retain all of your ownership rights in and
to your User Content. By submitting User Content to Apac4kinc, you hereby grant
to Apac4kinc a perpetual, worldwide, non-exclusive, irrevocable, royalty-free,
sublicensable (through multiple tiers) and transferable right and license to
use, reproduce, distribute, edit, modify, translate, reformat, prepare
derivative works based upon, display publicly, perform publicly and otherwise
exploit (including but not limited to over the Internet, broadcast television
or any other uses or media) your User Content, in whole or in part, including
future rights that Apac4kinc (or its successor) may otherwise become entitled
to that do not yet exist, as well as new uses, media, means and forms of
exploitation throughout the universe exploiting current or future technology
yet to be developed to the maximum extent permitted by applicable law. You also
hereby grant each user of the Sites a non-exclusive license to access your User
Content through the Sites and to use, access, watch, reproduce, distribute,
transmit, forward, display and perform such User Content in whole or in part,
to the extent permitted by the Sites under these Terms & Conditions.
Apac4kinc
does not endorse any User Content or any opinion, recommendation, or advice
expressed therein. Apac4kinc reserves the right but is not obligated to monitor
User Content or other content sent to or through the Sites. Apac4kinc
has the right to refuse, remove or delete any User Content and/or to terminate
any user's access to the Sites if Apac4kinc determines, in its sole and
absolute discretion, that such User Content or user violates or has violated
these Terms & Conditions. Apac4kinc
takes no responsibility for and expressly disclaims any and all liability in
connection with User Content.
Acceptable Use Policy
By
submitting User Content and otherwise using the Sites, you agree not to: (i) submit
any User Content that is protected by or otherwise subject to any third party
intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own or have permission from the rightful owner of
such rights to post such User Content and to grant Apac4kinc all of the rights
granted herein; (ii) upload, post, e-mail or otherwise transmit any
content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or
otherwise objectionable; (iii) use the Sites to harm any person or entity,
including Apac4kinc; (iv) impersonate any person or entity, including but
not limited to, a representative of Apac4kinc, or falsely state or otherwise
misrepresent your affiliation with a person or entity; (v) forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted to or through the Sites; (vi) upload, post, e-mail or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail or any other form of solicitation; (vii) upload,
post, e-mail or otherwise transmit any content that contains computer viruses
or other computer code, files or programs that interrupt, destroy or limit the
functionality of the Sites or any other computer software or hardware or
telecommunications equipment; (viii) intentionally or unintentionally
violate any applicable local, state, national or international laws, rules or
regulations, including but not limited to those promulgated by the U.S. Federal
Trade Commission, U.S. Securities and Exchange Commission; (ix) collect,
store or use personal information about other users of the Sites without their
consent; (x) use the Sites (including through submission of User Content)
to disparage or make unsubstantiated claims about any person, third party or
its/their products or services; (y) use any of the Sites in any manner
that could overburden or impair any of the Sites or the networks or systems
connected to the Sites; and/or (z) use any device, software or
instrumentality to interfere with the proper working of the Sites or disobey
any requirements, procedures, policies or regulations of networks connected to
the Sites.
You
also agree that you will not violate or attempt to violate the security of the
Sites. Violations of system or network security may result in civil or criminal
liability. Apac4kinc reserves the right to investigate occurrences which may
involve such violations and may involve and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations.
Order Acceptance
The
receipt of an order number or an email order confirmation does not constitute
the acceptance of an order or a confirmation of an offer to sell. Apac4kinc
reserves the right, without prior notification, to limit the order quantity on
any item and/or to refuse service to any customer. Verification of information
may be required prior to the acceptance of an order. Prices and availability of
products on the Sites are subject to change without notice. Errors will be
corrected when discovered and Apac4kinc reserves the right to revoke any stated
offer and to correct any error, inaccuracy, or omission (including after an
order has been submitted). Certain orders constitute improper use of the Sites
and the Apac4kinc Rewards Program described below. Apac4kinc reserves the
right, at its sole discretion, to refuse or cancel any order for any reason.
Your account may also be restricted or terminated for any reason, at Apac4kinc's
sole discretion.
Links to Other Websites
The
Sites may contain links to third-party websites ("Other Sites")
that are not under Apac4kinc's control. Apac4kinc makes no claim and accepts no
responsibility regarding the quality, nature or reliability of the Other Sites
that are accessible by hyperlinks from the Sites or link to the Sites. Apac4kinc
provides these links to you as a convenience and the inclusion of any link does
not imply endorsement by Apac4kinc of Other Sites or any association with the
operators of such Other Sites. You are responsible for viewing and abiding by
the privacy statements and Terms & Conditions posted at any third-party
sites.
Notice to California Residents
California
Proposition 65 requires that special warnings be provided when products contain
chemicals known by the State of California to cause cancer, birth defects, or
other reproductive harm if the use of those products may cause exposure to
those chemicals above specific limits. These warnings relate to some but not
all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and
electrical cords. Please call us prior to ordering if you have any questions
regarding the safety of these products.
Communications with Apac4kinc
For
all communications made to or with Apac4kinc, including but not limited to feedback,
questions, comments, suggestions and the like: (i) you will have no right to
confidentiality in your communications and Apac4kinc will have no obligation to
protect your communications from disclosure; (ii) Apac4kinc will be free
to reproduce, use, disclose and distribute your communications to others
without limitation; and (iii) Apac4kinc will be free to use any ideas,
concepts, know-how, content or techniques contained in your communications for
any purpose whatsoever, including, but not limited to, the development,
production and marketing of products and services that incorporate such
information.
Indemnity
You
agree to indemnify and hold Apac4kinc and its agents and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of (i) your use of the Sites, including
any User Content you submit, post to or transmit through the Sites,
(ii) your violation of these Terms & Conditions or (iii) your
violation of any rights of another user.
Disclaimer of Warranties
Apac4kinc
intends for the information and data contained in the Sites to be accurate and
reliable but since the information and data have been compiled from a variety of
sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly
agree that your use of the Sites and any information contained therein is at
your sole risk. Accordingly, to the extent permitted by applicable law, Apac4kinc
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT
MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some
jurisdictions do not allow the disclaimer of warranties so such disclaimers may
not apply to you.
Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction. On most items.