Terms & Conditions
Terms and Conditions of “Outpostcs.com” Website Use June 7, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND KEEP A COPY FOR YOUR REFERENCE. DO NOT USE THIS SITE IF YOU HAVE ANY OBJECTION TO ANY OF THE TERMS. This website, “Outpostcs.com”, including its component pages, parts, and links, (“Site”) is owned and operated by OUTPOST Construction Supply, Inc.TM (“Company”) as an e-commerce website for on-line ordering, purchase and sale of construction materials, supplies, related products and services, and associated delivery offered by the Company and Company’s suppliers and contractors (collectively, the “Services”). Services are provided on the basis of facility and availability. Your (“You”, “Your”, “User”) use of this Site is governed by, conditioned on and constitutes your express acceptance and agreement to comply with, all terms, conditions, and notices contained herein (“Terms”) in full, without modification, limitation, or exception. Company reserves the right to change these Terms at any time, in any manner, in Company’s sole and absolute discretion, with or without notice to You, effective upon posting on the Site. The most current version of Terms will supersede all previous versions. You are responsible to periodically review these Terms to stay informed of updates. You must be at least 18 years of age to use the Site, and by using the Site you confirm that you are at least 18 years of age. Minors (less than 18 years of age) are prohibited from using the Site. Company does not provide Services to minors. This Site is controlled, operated and administered by Company from our offices within the USA.
We welcome You to contact the Company about this Site, Terms, and Services. Outpost Construction Supply, Inc.TM P.O. Box 1234 Denver, CO 80233 Customerservice@outpostcs.com Tel. # 303-outpost
Electronic Communications; Notices
By using this Site and sending emails to the Company you consent to receive electronic communications and you agree that all agreements, notices, disclosures, cancellation numbers, return authorization numbers, and other information that we provide to you electronically, via email or on this Site, satisfy any legal requirement that such communications be in writing. You agree that, unless other instructions are posted on the Site, any required notices will be deemed to have been given if delivered by email or fax, effective upon confirmed transmission, or sent, by registered mail or by courier, effective upon receipt, to Your most current contact information that You have provided the Company.
Prices, Fees, Billing, Payments, and Taxes
Prices, charges, fees, billing and payments for Services are quoted, billed, and accepted in US Dollars, unless otherwise agreed by prior arrangement with the Company. Company uses an automated payment processing system and accepts credit card or PayPal payments. You are required to maintain valid payment information on file with the Company for processing payments. At its sole discretion, Company may use credit card issuer-approved services to acquire updated payment information for the purpose of processing outstanding payments on Your account. Company may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney fees and collection fees arising from Company efforts to collect any past due amounts from You, to the extent allowed by law. Payments for Services are due and payable in full, using the payment processing system, at time of order placement on the Site, unless other payment arrangements have been made with Company in advance. Services order, billing, and payment status can be found by logging onto your account through the Site. Billing inquiries and disputes should be brought to Company’s attention within 30 days following the later of (i) the order date, or (ii) the invoice date. Failure to do so will be deemed to be acceptance of the charges as accurate and validly due and payable. If any chargeback, non-payment, or charge dispute notices are received for Your account, Services provided to You may be immediately suspended pending further investigation by Company, and You may be subject to chargeback service charges. Company does not charge transaction fees relating to the processing of transactions under your account. However, Your selected payment processor may charge You a transaction fee, which You will be solely responsible for. All transactions for Services ordered from the Site are subject to taxes.
You may cancel Services by contacting our Customer Service team either by phone or in writing using the “Contact Us” information above, upon which, for the cancellation to be effective, You will receive a cancellation number via voice communication, email, or both, from our Customer Service team. You may return materials, equipment, and supplies by shipping them, at Your expense, in their original or other appropriate packaging complete and undamaged, back to the Company after You request and receive a return authorization number from our Customer Service team via voice communication, email, or both. The following is Company’s refund policy: (i) full refund, including taxes paid, if cancellation is effective before Company ships the material, equipment, or supplies to You or before Company performs the Services; (ii) full refund, including taxes paid (less a restocking charge as explained below), if returned materials, equipment, and supplies are received by the Company complete and undamaged with shipping and freight prepaid by You, within 30 calendar days following Your receipt of a return authorization number. A restocking charge, the greater of $____ or ____% of the total order price (excluding taxes) will be charged for materials, equipment, and supplies shipped back to the Company for refund.
You are expressly prohibited from, and you warrant to the Company that You will not do, any of the following when using this Site: Use the Site that is, in any manner, or may be, prohibited by, contrary to, or in violation of, the Terms or applicable laws, restrictions, and regulations, for unlawful purposes, or causes, or may cause, harm, disabling, overburden, impairment, or damage to the Site or affects or interferes with access to the Site, the Company, the Services, or to any person or entity; Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site, or while using the Site; Allow use of Your ID or password access to the Site to others not authorized by the Company; Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Use the Communications Services provided on the Site to violate any rights of others, post any inappropriate or unlawful material, or introduce corrupted files or viruses Engage in any of the following without the prior express written authorization by the Company: (i) publishing any Site material in any media; (ii) selling, sublicensing, and/or otherwise commercializing any Site material; (iii) publicly performing and/or showing any Site material; (iv) using the Site to engage in any advertising or marketing; (v) displaying any of “Your Content” on the Site.
Content Provided by You
“Your Content” means any audio, video, text, images, or other material, including feedback, reviews, and suggestions, capable of display, posting, upload, input, or submittal on the Site. Company does not claim ownership of Your Content; provided, however, if authorized in writing and enabled by the Company, by including Your Content on the Site, You grant Company, without receipt of any compensation, a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license, without limitation, the right to use, copy, reproduce, adapt, publish, translate, and distribute, transmit, edit, reformat Your Content in any and all media, in connection with the operation of the business of the Company or Company’s suppliers. Company is under no obligation to post or use Your Content and may remove same at any time in Company’s sole and absolute discretion. By submitting Your Content You warrant and represent that you own or otherwise control all of the rights to Your Content, without limitation, and without infringing on any other party’s rights.
You acknowledge and agree You are responsible for safeguarding and maintaining the confidentiality of any user ID and password You may have for the Site, as confidential, from any unauthorized use, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. You may not transfer Your account to any other person or entity. You acknowledge and agree that IN NO EVENT WILL COMPANY BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE RESULTING FROM THEFT OR MISAPPROPRIATION OF YOUR USER ACCOUNT OR PASSWORD. Company reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in Company’s sole and absolute discretion. Company reserves the right to refuse or cancel service, terminate accounts, or remove or edit content, remove any or all of Your Content from the Site at any time, and may restrict or terminate access by You to any or all areas, pages, or links of the Site, at any time without notice or consent, for violation of these Terms or for any or no reason, in Company’s sole and absolute discretion, without penalty or liability to the Company. Company is subject to applicable laws and legal processes, and nothing contained in these Terms is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Site or Services or information provided to or gathered by Company with respect to such use.
Your Relationship with the Company
You agree that no joint venture, partnership, employment, or agency relationship exists, is created, nor intended between You and Company as a result of Your use of this Site or the Services; and such relationship exists only to the extent of Company as seller/provider of Services and You as the buyer/purchaser of same.
Intellectual Property Rights
Other than Your Content, if authorized by Company for display on this Site, all content contained on this Site or included as part of the Services provided by Company, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or Company’s suppliers or licensors, and protected by copyright, trademark, service mark, patent, and other intellectual property and proprietary rights, and all such rights are reserved. OUTPOST Construction SupplyTM and OUTPOSTcsTM are trademarks of the Company. You agree to observe and abide by all copyright and other proprietary or attribution notices, legends or other restrictions contained in any such content and will not delete or make any alterations or changes thereto. You are granted a limited use, non-exclusive, revocable, non-transferable, not sub-licensable license to access, view, and use this Site only for the purposes of the Services, strictly in accordance with these Terms. You will make no other use of the content without the express written permission of Company and the intellectual property owner. No other licenses, express or implied, to the intellectual property of Company, or Company’s suppliers or licensors, is granted. You agree that you do not acquire any ownership or intellectual property rights in any protected content.
Links to Third Party Sites or Services
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Company of any Linked Site or any association with Linked Site operators. Certain services made available via this Site are delivered by third party websites and entities. By using any product, service or functionality originating from this Site, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a business relationship to provide the requested products, materials, service or functionality on behalf of Company.
Use of Communication Services
The Site may contain services, areas, forums, calendars, and other message or communications facilities designed to enable You to communicate with the Company and other customers of the Company (collectively, “Communication Services”). You agree to use the Communications Services only to post, send and receive messages and material that are proper and related to the Company and the Services. You will not, in any way whatsoever, use the Communication Services in violation of the Prohibited Use provisions set forth herein. Company has no obligation to monitor the Communication Services; provided, however, Company reserves the right to review materials posted to a Communications Service and to remove any materials in its sole and absolute discretion. Company reserves the right to (i) terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever; (ii) at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request; (iii) to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole and absolute discretion. Company does not control or endorse the content, messages or information found in any Communication Service, and specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations. Users of Communication Services are not authorized Company spokespersons, and their views do not reflect those of the Company.
Third Party Accounts
You will be able to connect Your account on this Site to third party accounts. By connecting Your account to the third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.
THIS SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE, WITH ALL FAULTS, AND THEIR USE IS AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGHOUT THE SITE MAY CONTAIN INACCURACIES OR TYPOGRPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND ITS SUPPLIERS MAY MAKE CHANGES TO THE SITE AT ANY TIME. COMPANY AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND WHATSOEVER WITH RESPECT TO SITE OR THE SERVICES, INLCUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SUPPLIES, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULR PURPOSE, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, NOTHING CONTAINED ON THIS SITE, PROVIDED BY THE SERVICES OR COMPANY’S CUSTOMER SERVICE TEAM SHALL BE CONSTRUED AS PROVIDING CONSULTATION OR ADVICE TO YOU.
Limitation of Liability
You agree to indemnify to the fullest extent, to defend and hold the Company, its officers, directors, owners, employees, agents, contractors, suppliers, sponsors, and affiliates harmless, from and against any and all liabilities or claims for any losses, costs, demands, judgments, settlements, causes of action, fines, damages, expenses, and fees (including attorney fees) relating to or arising out of Your use of or inability to use the Site or Services, any Site posts or display of Your Content or electronic communications made by You, Your violation of (i) any Terms, (ii) any rights of a third party, or (iii) any applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting all available defenses.
In the event that You and the Company are unable to resolve any direct or indirect dispute or claim arising out of or concerning these Terms, use of this Site, or the Services, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, You agree such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by You and the Company, conducted and entered in accordance with the governing law, jurisdiction, and venue provisions set forth herein. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any dispute under these Terms will take place on an individual basis. Class arbitration, class representation, or collective actions are not permitted. YOU AGREE THAT ANY CLAIMS YOU MAY BRING AGAINST THE COMPANY MAY ONLY BE BROUGHT IN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION. Further, unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Company is not liable for any delay, interruption, or failure in providing the Site or Services resulting from events beyond Company’s control, including, but not limited to, fire, flood, storm, earthquake, power failure, labor disputes, or inability to obtain equipment, supplies, or facilities.
Company failure, interruption, or delay in exercising a provision of these Terms with respect to Your use of the Site or Services will not be deemed to constitute any single instance or continuing waiver of such provision or any other provision of these Terms.
If any provision of these Terms is determined to be unenforceable or invalid pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted, modified, or superseded by a provision to the extent necessary that most closely matches the intent of the original provision to render it enforceable and valid without affecting the remaining provisions herein, which shall continue in full force and effect.
Company may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. You shall not assign, transfer, or subcontract any of Your obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on the Site, constitute the entire agreement between the Company and You regarding Your use of the Site and the Services, and supersedes all other prior or contemporaneous communications, understandings, agreements, and proposals between You and the Company, whether electronic, written or oral, with respect to the same.
These Terms as a Business Document
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Site or the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge and agree that these Terms and all related documents be written in English.
Governing Law, Jurisdiction, Venue
To the maximum extent permitted by law, these Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Colorado, and you consent and submit to the exclusive jurisdiction and venue of the state and federal courts sitting in Colorado, USA for the resolution of all disputes arising out of or relating to the use of the Site or the Services. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, these provisions pertaining to governing law, jurisdiction, and venue. Company shall be entitled to institute legal proceedings in any matter arising in connection with Your use of the Site or Services in any jurisdiction where You reside, do business, or have assets.
Copyright ©2018 Outpost Construction Supplies, Inc.TM All Rights Reserved.