Welcome to Bankmart®!
1. Your Relationship With Us.
|1.1||Your use of this site, www.bankmartdirect.com (the “Site”), and your purchase of products through the Site (the “Products”), is subject to the terms of a legal agreement between you and Control Group Companies, LLC, a Delaware limited liability company (“Control Group”). This document explains how the agreement is made up, and sets out the terms of that agreement.|
|1.2||Unless otherwise agreed in writing with Control Group, your agreement with Control Group (the “Terms”) will always include, at a minimum, the terms and conditions set out in this document. Your agreement with Control Group will also include the terms of any other written agreements between you and Control Group. In the event of a conflict between the terms set forth in this document and the terms of any other written agreement between you and Control Group, the terms of the other written agreement shall prevail.|
|1.3||For purposes of these Terms:
References to Control Group, we, us, and our mean Control Group Companies, LLC, d/b/a Bankmart®, and its subsidiaries, parent companies, and other companies sharing common control.
You means any user of the Site, including any purchaser of Products.
Products mean the products that we market through the Site.
2. Accepting and Amending the Terms.
|2.1||Your use of this site, www.bankmartdirect.com (the “Site”), and your purchase of products through the Site (the “Products”), is subject to the terms of a legal agreement between you and Control Group Companies, LLC, a Delaware limited liability company (“Control Group”). This document explains how the agreement is made up, and sets out the terms of that agreement.|
|2.2||You can accept the Terms by any of the following:|
|(a)||Clicking to accept or agree to the Terms, where this option is made available to you in the user interface.|
|(b)||Signing (or clicking to accept or agree to) another contract between you and Control Group that incorporates these Terms by reference.|
|(c)||Actually using the Site. In this case, you understand and agree that your use of the Site will constitute acceptance of the Terms from that point onwards.|
|2.3||(a)||You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and to accept these Terms.|
|(b)||By using the Site, you represent and warrant that you satisfy these requirements and have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.|
|(c)||If you are agreeing to the Terms on behalf of a corporation or other organization, you represent and warrant that you have the authority to cause the organization to agree to the Terms.|
|(d)||The Site is administered in the United States. Any use outside of the United States is at your own risk, and you are responsible for compliance with any local laws applicable to your use of the Site.|
|2.4||CONTROL GROUP MAY AMEND THESE TERMS AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SITE. EXCEPT AS STATED ELSEWHERE IN THESE TERMS, ALL AMENDED TERMS SHALL BE EFFECTIVE WHEN YOU CLICK TO ACCEPT THE AMENDED TERMS, WHEN YOU ACCESS THE SITE AFTER RECEIVING NOTICE OF THE AMENDED TERMS, OR AUTOMATICALLY FIFTEEN (15) DAYS AFTER THE AMENDED TERMS ARE INITIALLY POSTED, WHICHEVER IS SOONER. BY CONTINUING TO USE THE SITE AFTER THESE AMENDED TERMS TAKE EFFECT, OR BY CLICKING TO ACCEPT OR AGREE TO THE AMENDED TERMS, YOU CONSENT TO THESE CHANGES.|
|2.5||Before you continue, you should print off or save a local copy of the Terms for your records.|
3. Purchasing, Shipping, Returns, & Repairs.
|3.1||Risk of loss for any Products that you purchase from us will pass to you upon our delivery to the carrier. We will select the most appropriate carrier and delivery method for your desired shipping address and delivery date. Signature upon delivery is required for shipments over $1,300.00 U.S. We cannot ship to P.O. Boxes or commercial mailboxes—a street address is required.|
|3.2||You agree to pay for the Products on the terms described on the Site or as otherwise agreed in writing with us. Control Group will charge sales tax on sales of the Products as required by law. Interest on late payments will accrue at the rate of 18% per annum or the highest lawful rate, whichever is less.|
|3.3||We attempt to be as accurate as possible when describing our products. However, we cannot warrant that descriptions, photos, illustrations, colors, or similar content are accurate, complete, reliable, current, or error-free.|
|3.4||You may return any item for any reason within 30 days of purchase for a full refund. You will be responsible for shipping unless the return is due to our fault or the manufacturer’s fault. To return a product, please call us at 1-800-245-2900 or email [email protected] for a return label and further instructions. Returns should be sent to Control Group, Inc., 23455 Regency Park, Warren, MI 48089. If the return is due to our fault or the manufacturer’s fault, we will provide a free shipping label for returns within the United States, and will reimburse the cost of Parcel Post for returns from outside the United States if you send a copy of the shipping receipt.|
|3.5||We may repair items and issue "loaner" items while the original item is being repaired. The loaner item must be returned when the original item is repaired. We do not rent Products. Please call 1-800-245-2900 to check availability.|
|3.6||Except as otherwise agreed in writing, you agree that Control Group shall have the right (but not the duty) to list you as a purchaser of Products for purposes of our website and other promotional materials.|
|3.7||If you submit designs, logos, or other artwork for us to reproduce on the Products you purchase (collectively, “Artwork”), you represent and warrant that: (1) you have the right to reproduce and distribute the Artwork on the Products that you purchase; and (2) we will not infringe upon the rights of any third party by fulfilling your order.|
|3.8||Purchases of Products are subject to all of the Terms, including the warranty exclusions and limitations of liability set forth below.|
4. Your use of the Site.
|4.1||In order to access the Site or purchase Products, you may be required to provide information about yourself (such your name, company name, age, contact details, and billing information). You agree that any information you provide to Control Group will be accurate, correct and up to date.|
|4.2||You agree to use the Site only for purposes that are permitted by the Terms and by applicable law (including any laws regarding the export of data or software to and from the United States or other relevant countries).|
|4.3||You agree not to access (or attempt to access) the Site by any means other than as authorized by Control Group. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers).|
|4.4||You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).|
|4.5||Unless you have been specifically permitted to do so in a separate agreement with Control Group, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose.|
|4.6||You acknowledge and agree that Control Group may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at Control Group’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform Control Group when you stop using the Site.|
|4.7||You may find links to other websites or resources on the Site. You acknowledge and agree that Control Group is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CONTROL GROUP WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTUAL OR ALLEGED DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.|
5. Your Privacy, Passwords and Account Security.
|5.1||You agree and understand that you are responsible for maintaining the confidentiality of any passwords that you use to access the Site and any credit card information or similar payment information that you use to purchase Products. Accordingly, you agree that you will be solely responsible to Control Group for all purchases and other activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Control Group immediately at ___________________.|
6. Proprietary Rights.
|6.1||All content included on this site is and shall continue to be the property of Control Group or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.|
|6.2||Unless you have agreed otherwise in writing with us, you agree not to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features belonging to us or to any of our licensors except to identify us or the applicable licensors. You also agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. Further, you agree that you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.|
|6.3||For purposes of these terms, “Submissions” means any ideas, information, feedback, messages, questions, comments, suggestions, or similar communications that you provide to us in connection with the Site. Any and all Submissions shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any Submissions, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such Submissions for any purpose whatsoever, and to disclose your first name, first initial of your last name, your company name, and your general location (city, state and/or country) in connection with such use. By way of example, but not limitation, we may use your Submissions to develop and improve the Site or for purposes of advertising or promotions. We shall be free to use anything contained in your Submissions for any purpose whatsoever. This license does not entitle you to any payment from us for any reason. We are not obligated to publish, display or post any Submissions publicly.|
7. EXCLUSION OF WARRANTIES.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CONTROL GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTROL GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE. CONTROL GROUP DOES NOT WARRANT THAT THIS SITE, THE CONTENT MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ELECTRONIC COMMUNICATIONS SENT FROM CONTROL GROUP, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CONTROL GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
EXCEPT AS SPECIFICALLY PROVIDED IN THE TERMS, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTROL GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTROL GROUP OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.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.
8. LIMITATION OF LIABILITY.
|8.1||YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTROL GROUP (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:|
|(A)||ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.|
|(B)||ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR FAILURE TO PROVIDE CONTROL GROUP WITH ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.|
|(C)||ANY LOSS OR DAMAGE CAUSED BY HACKERS OR OTHERS WHO GAIN UNAUTHORIZED ACCESS TO OUR NETWORK. ALTHOUGH WE TAKE REASONABLE STEPS TO SAFEGUARD AND PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION AND SIMILAR DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS. YOU ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF IDENTITY THEFT, RELATING THE MAINTENANCE OF YOUR DATA ON OUR NETWORK.|
|8.2||IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CONTROL GROUP (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, AND LICENSORS) TO YOU UNDER ANY CAUSE OF ACTION OR CAUSES OF ACTION EXCEED $10,000.00.|
|8.3||THE LIMITATIONS ON CONTROL GROUP’S LIABILITY (AND THE LIABILITY OF CONTROL GROUP’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) TO YOU SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT CONTROL GROUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.|
|8.4||THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.|
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CONTROL GROUP (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) FROM ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM OR RELATE TO (A) YOUR USE OF THE SITE; (B) YOUR VIOLATION OR BREACH OF ANY OF THE TERMS; (C) ANY PRODUCTS THAT YOU OBTAIN THROUGH THE SITE; OR (D) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHTS.
|10.||Ending your relationship with Control Group. Control Group may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, which may result in the loss of all information associated with your use of the Site. If you wish to terminate your use of the Site, you may do so at any time. These Terms shall survive termination of your use of the Site.|
11. Copyrights and Copyright Agient.
|If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:|
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
|(b)||A description of the copyrighted work that you claim has been infringed;|
|(c)||A description of where the material that you claim is infringing is located on the Site;|
|(d)||Your address, telephone number, and e-mail address;|
|(e)||A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and|
|(f)||A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.|
Our Copyright Agent for notice of claims of copyright infringement on the Site is ___________________, who can be reached as follows:
|12.||Advertisements. Control Group may run advertisements and promotions from third parties on the Site. These advertisements and promotions may be targeted to you and other users of the Site based on the content of information stored on the Site, queries made through the Site, or other information. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Control Group found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Control Group is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Control Group advertisers on the Site.|
13. General legal terms.
|13.2||You agree that Control Group may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site. We may use the email or regular mail addresses that you provide us for the purpose of providing these notices to you.|
|13.3||You agree that if Control Group does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Control Group has the benefit of under any applicable law), this will not be taken to be a waiver of Control Group’s rights and that those rights or remedies will still be available to Control Group.|
|13.4||All terms and conditions of the Terms shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. Unless the context clearly requires otherwise, all references in the Terms to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words "shall," "will," or "agrees" are mandatory, and the word "may" is permissive; the word "or" is not exclusive; the words "includes" and "including" are not limiting; and the words "day" or "days" refer to calendar days. Headings are provided for convenience only and shall not be considered in interpreting the Terms.|
|13.5||The parties hereby consent to the jurisdiction of the courts of the State of New Jersey, and agree that any disputes arising out of or related to these Terms shall be resolved in the State of New Jersey, to the exclusion of any other jurisdiction. These Terms shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to New Jersey’s choice-of-law provisions.|
|13.6||In the event any party hereto shall bring any action or proceeding against any other party (or permitted assignee) in connection with the Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, in addition to any other relief to which that party may be entitled.|
|13.7||The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you without the prior written consent of Control Group, but may be assigned by Control Group without restriction. The Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.|
|14.||Contact Us. If you have questions, comments or need any additional information, please contact us at __________________________.|
|15.||Effective Date. These Terms are effective as of _______________, 2013.|