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Terms
of Use
Welcome to the Ames
Web Site ("Site"). Please review the following basic
terms that govern your use of and purchase of products from
our Site. Please note that your use of our Site constitutes
your agreement to follow and be bound by those terms (the
"Agreement").
GENERAL
We may from time to time change the terms that govern your
use of our Site. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the terms
as changed.
We may change, move or delete portions of, or may add to,
our Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, PDFs and other attachments, and
written and other materials that appear as part of this Site
(collectively, the "Contents") are copyrights, trademarks,
trade dress and/or other intellectual properties owned, controlled
or licensed by Ames Safety Envelope Company (“Ames”).
The Site as a whole is protected by copyright and trade dress,
all worldwide rights, titles and interests in and to which
are owned by Ames. Ames Safety Envelope Company, Ames Color-File,
Ames Specialty Packaging, Ames On-Demand, the Ames logo and
all other Ames trademarks appearing at this Site are trademarks
of Ames.
All other trademarks, product names, and company names or
logos may be trademarks of their respective owners. Nothing
on the Site shall be construed as granting use of any trademark,
registered trademark, patent or other intellectual property
right of any third party, except for the right of use as set
forth herein.
The Contents of our Site, and the Site as a whole, are intended
solely for personal, noncommercial (other than for the purchase
of product from our site) use by the users of our Site. You
may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right,
title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the Contents, the
Site, or any related software. Use of the Contents on any
other web site or computer system is prohibited without prior
written permission of Ames.
USER COMMENTS, SUBMISSIONS, AND OTHER COMMUNICATIONS
All comments, feedback, suggestions, ideas, and other communications
disclosed, submitted or offered to Ames on or by this Site
or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, "Comments")
shall be and remain Ames’ property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to Ames of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Comments.
Thus, Ames will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. Ames is and shall
be under no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3)
to respond to any user Comments.
You agree that no Comments submitted by you to the Site will
violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s).
You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive
or obscene material. You are and shall remain solely responsible
for the content of any Comments you make.
You agree that Ames may use and/or disclose information about
your demographics and use of the Site in any manner that does
not reveal your identity. By participating in Site contests,
promotions, and/or requesting promotional information or product
updates, you agree that Ames may use your information for
marketing and promotional purposes.
AMES’ COMMUNICATIONS TO YOU
You agree that Ames may send electronic mail to you for the
purpose of advising you of changes or additions to this Site,
about any of Ames products or services, or for such other
purpose(s) as Ames deems appropriate.
PRODUCT INFORMATION
Most Ames products displayed on the Site are available through
Ames’ print U.S. catalog and phone order line. In some
cases, products available for sale through Ames’ print
U.S. catalog and phone order line may not be available on
the Site. Custom items and personalized products can only
be ordered through the Ames phone order line or an Ames Representative.
If you are unable to locate an item on the Site, please contact
Ames and we will make every effort to meet your needs.
PRICING
Prices displayed on the Site are quoted in U.S. Dollars only
and are valid and effective only in the United States. Prices
on the Site typically match those of our printed U.S. catalog,
although there might be slight differences.
INTERNATIONAL ORDERS
Currently, we do not ship or bill online orders internationally,
including Canada. To order products for shipment outside the
U.S., please contact Ames.
PRODUCT DETAILS AND COLORS
We have made every effort to display as accurately as possible
the colors and details of our products that appear at the
Site. However, as the actual colors and product details you
see will depend on your computer monitor, we cannot guarantee
that your monitor's display of any color or product details
will be accurate.
OUT OF STOCK ITEMS
Occasionally, high demand causes us to run out of certain
items. If this occurs, we will contact you by phone or email.
All other items on your order that are in stock will be processed
and fulfilled without delay. Because we do not charge your
credit card until we ship your order, charges for out-of-stock
items will not appear on your bill until shipped.
SHIPPING
Freight is calculated FOB Somerville. Shipments are billed on a pre-paid and add basis unless otherwise
specified. Ames will determine delivering carrier, if not
instructed differently. Ames negotiates and participates in
discounted rate programs with select carriers. A percentage
of the carrier discount may be used to offset related costs,
such as inbound freight, handling, repacking and carrier prepayment
costs. Ames will always endeavor to provide customers with
a fair and competitive transportation rate.
DAMAGES/SHORTAGE IN TRANSIT
All our packaging is in accordance with carrier requirements.
For your protection, please examine any shipment carefully
before accepting. If there is evidence of damage or a shortage,
make suitable notation to that effect on the freight bill
before you sign it. Failure to make this notification absolves
the carrier of any responsibility and subsequent claims. Please
contact Ames within five days of
receipt of a damaged or short order.
Interstate Commerce Commission rules allow for the filing
of claims for concealed damage up to 15 days after the receipt
of goods. Please notify us within this time period if you
discover such damage. Ames will replace any damaged goods
or shortage at no charge to you if the above instructions
are followed.
TAX POLICY
Ames collects sales or use tax in all states except where
not applicable by law. Please note that on-screen order totals
may not reflect all applicable state, county, local, and shipping taxes at
the time your order is placed. If additional taxes are applicable,
they will be added at a later date. If
you have questions about
the tax rate on your invoice, please contact
us anytime.
TAX-EXEMPT ORDERS
Tax-exempt organizations and entities purchasing for resale must supply Ames with faxed copy of tax-exempt or resale certificate and login email addresses of personnel who will be purchasing product online for the tax-exempt organization. If you indicate that your organization is tax-exempt, but do not have your tax-exempt certificate on file with Ames, your order will be held until we receive a faxed copy of your certificate. First, create your online account with Ames, then Ames will activate your account as tax-exempt within 2 business days of receipt of the tax-exempt or resale certificate. Tax will show as a line item on online order screens until Ames verifies receipt of your tax-exempt certificate and activates your online account as tax-exempt, HOWEVER, Ames will not charge tax when processing your order. Once an online account is activated as tax-exempt, orders placed online by that user will not show tax. To submit email addresses for tax-exempt purchasing by individuals with an Ames online account, or if certificate is already on file with Ames, click here.
ORDER TRACKING
Orders shipped by UPS may be assigned tracking numbers to
help you track the status of UPS shipments.
You may log into your account and view the tracking information if it is available for your shipment.
Please note that
it may take up to one business day before tracking information appears on
the carrier's web site.
This means that you can start tracking the progress of your shipment approximately one business day after your package has shipped.
If you have your tracking number,
you can check on the status of your delivery by visiting the
UPS web site.
If you think your order is late, please note that:
- Credit card authorization and verification must be received
prior to processing.
- Overnight orders placed after 11:59 am ET will ship the next
business day, provided product is in stock.
- Delivery occurs Monday through Friday for overnight deliveries,
excluding holidays.
If we have a question about your order, we will contact you
by phone or email. Likewise, if you have any questions or
changes to your order, please contact
us.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which Ames
does not control, any concerns regarding any such service
or resource, or any link thereto, should be directed to the
particular outside service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR
USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU
USE IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR
SITE, AND THAT AMES SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE.
THERE ARE NO WARRANTIES THAT THE SITE WILL OPERATE UNINTERRUPTED
OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
INACCURACY DISCLAIMER
Ames attempts to provide the most recent, accurate, and reliable
information and pricing on the Site. However, from time to
time there may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, images, and availability. We reserve
the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior
notice (including after you have submitted your order). In
the event of a discrepancy between the price on your order
and Ames’ current selling price for any product or service,
we may contact you for authorization before processing your
order. We apologize for any inconvenience this may cause you.
If you are not completely satisfied with your online purchase
you may return it with your invoice in accordance with our
Return Policy.
Ames reserves the right to redesign or modify any product.
Actual items shipped may differ slightly from Site descriptions.
However, product changes in no way affect product quality
or function.
INDEMNIFICATION
You agree to defend, indemnify, and hold Ames, its officers,
directors, employees, successors, agents, and affiliates harmless
from and against any and all claims, damages, losses, costs
and expenses, including attorneys' fees, arising from or related
to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent Ames products
are offered for sale in the United States through this Site,
this Site and the Contents thereof are displayed solely for
the purpose of promoting Ames’ products and services
available in the United States and select foreign markets.
This Site is controlled and operated by Ames from its offices
in Somerville, Massachusetts.
This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts, without
regard to any conflict of law provisions. Any dispute arising
under this Agreement shall be resolved exclusively by the
state and federal courts of the Commonwealth of Massachusetts.
TERMINATION
This Agreement is effective unless and until terminated by
either you or Ames. You may terminate this Agreement at any
time. Ames also may terminate this Agreement at any time and
may do so immediately without notice, and accordingly deny
you access to the Site, if in Ames’ sole discretion
you fail to comply with any term or provision of this Agreement.
In the event this Agreement is terminated, the restrictions
regarding Contents on the Site, and the representations and
warranties, indemnities, and limitations of liabilities set
forth in this Agreement shall survive termination. Upon any
termination of this Agreement by either you or Ames, you must
promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether
made under the terms of this Agreement or otherwise.
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