and Conditions of Use Agreement
READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
We maintain this web site as a service to our
customers, and by using our site you are agreeing to comply with and
terms and conditions carefully, and check them periodically for
changes. If you do not agree to the terms and conditions, you should
not review information or obtain goods, services or products from
NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER
TO PARTICIPATE ON OUR SITE.
. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by
us at any time and from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
- Copyright. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of
any right in such information and materials.
- Fraud: By
becoming a member, you confirm that the information provided in this
form is true and that you agree to abide by the Terms and Conditions
of use of this site. Please note that your membership can be
canceled without notice if it is determined that false or misleading
information has been provided, the Terms and Conditions of use have
been violated, or other abuses have occurred as determined by
Screen Supply Company
in its sole discretion. If
membership has been revoked,
Screen Supply Company
reserves the right to
refuse application or readmission to the membership program.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
- Editing, Deleting and
. We reserve the right in our sole discretion
to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further
notice to users of the Site.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of
this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not
transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All
responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay
for any goods, services or information.
- Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
- Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise
obtain certain goods or services. You understand that we do not
operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
- Third-Party Merchant
. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on
such sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or
commitments on behalf of the other.
as it may change from time to time, is a part of this Agreement.
- Payments. You
represent and warrant that if you are purchasing something from us
or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you
will be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
- Securities Laws.
This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related
filings or documents.
- Links to Other Web
. The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any
linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be
subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the
Submissions for any purpose, without compensation to the provider of
- Payment Terms: Without prior credit approval, all orders by new
customers will be shipped prepaid.
MasterCard, Visa, Discover, American Express, and PayPal are accepted as
payment for orders and invoices. C.O.D. (cashiers check or money order) can be set up prior to ordering by calling our account department (800) 621-4173. Please note that checks processed
through PayPal have to clear before items are shipped.
Credit is extended to firms and individuals with approved credit
applications on file. We require a bank reference and three trade
references; additional information may be requested if necessary. Our
credit department may limit or revoke credit terms should account become
past due. Atlas Terms are Net 30 Days. All Invoices must be paid
within 30 days to avoid any additional fees. Offline accounts and online accounts are not connected and in order to ensure proper processing of net accounts please contact us to set-up your online account.
- Sales Tax: All applicable sales tax will be charged and collected
unless form is completed and returned to our credit department. Tax
Credits can only be given within the month the invoice was processed.
- Freight/Shipping Terms: Unless otherwise specified, orders will
be shipped via UPS/FedEx (subject to size and weight maximums). Freight will
then be prepaid and added to your order. Should an alternative common
carrier be required or requested, shipments will be freight collect.
Shipments are F.O.B. Schiller Park, IL and/or shipping point.
Drop-shipments are shipped according to the manufacturers preferred
method. The most common method for small packages is either Fed-Ex or
items shipped under the Grounder Saver program are shipped either UPS, FedEx, regional delivery service such as United Deliver Service, or Messenger. The method of choice is at the discretion of Atlas Screen Supply Company. Items that are shipped via Free Freight, Free Shipping, or Ground Saver are at a reduced or no cost to the customer if the transaction is completed. In order for a transaction to be considered complete the customer must pay for the order in full and no other return or credit is associated with the transaction. Customer is responsible for all actual shipping costs if the order is refused or altered in a way that would make the order no longer qualify for the offer.
- Pricing: Prices are subject to change without notice. Please confirm pricing when placing your order.
- Damaged Shipments: When a shipment by common carrier has been
accepted, any claim for damage or loss must be made by you at the
destination with the carrier unless shipment is refused and sent back.
- Return Policy. Credit will not be issued
for returned merchandise without a Return Authorization Number. All
returned shipments are subject to a 20% restocking fee. Please note
that special orders are non-returnable. Special order items include but
not limited to equipment, software, non-stock items, and cut-to-order
items. Returns will not be accepted after 30 days.
- Cancellation Policy.
Orders for stock items can be canceled at anytime before the order has
shipped without a penalty or cancellation fee. Non-stocking items are
subject to a cancellation fee as determined by the manufacturer.
Standard stock sizes that are cut to order are subject to a 10%
cancellation fee unless they are canceled before processing has begun.
Non-Standard stock sizes that are cut to order can not be canceled
unless they are canceled before processing has begun.
- Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY
SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF
ILLINOIS OR THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF ILLINOIS. YOU ARE EXPRESSLY SUBMITTING
AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR
PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT
SCHILLER PARK, ILLINOIS OR THE
DISTRICT OF ILLINOIS IS AN INCONVENIENT FORUM OR AN
IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and
controlled by Atlas Screen Supply Company, a corporation in the
State of Illinois,
USA. As such, the laws of Illinois
will govern the terms and conditions contained in this
Agreement and elsewhere throughout the Site, without giving effect
to any principles of conflicts of laws.
- Lapsed Accounts:
In order to keep Atlas Screen Supply Company membership roster
current, if a Member does not access his or her account for a period
90 days or more, Atlas Screen Supply Company may, in its sole discretion, terminate such Member's
account. Atlas Screen Supply Company will endeavor to
notify a Member of Atlas Screen Supply Company intent
to terminate such Member's account by notice to such Member's
provided email address at least
10 days prior to
deactivation. If the Member fails to respond to such email notice
10 days after the day it is sent by Atlas Screen
Supply Company, such Member's account will be terminated as noted
above. Therefore, Atlas Screen Supply Company strongly
recommends that all Members keep their accounts and contact data
current and in use. While Atlas Screen Supply Company desires to
prevent active accounts from being terminated prematurely, Atlas
Screen Supply Company has no obligation to maintain
accounts that appear to Atlas Screen Supply Company to
have been abandoned. Each Member agrees that failure to access his
or her account for
90 days or more conclusively
indicates that such Member's account has been abandoned and that the
account may therefore be terminated.
- Verify Members'
: Atlas Screen Supply Company reserves the right to
contact a Member via email to verify the accuracy of account
information (including the Member's correct name and address) that
is needed to provide the Member with the information he or she
requested from Atlas Screen Supply Company.
- PayPal Accounts:
Atlas Screen Supply Company only ships to PayPal confirmed addresses on
orders paid through PayPal. Once ordered the shipping address can not
be changed for any reason. PayPal is only available online and can not
be processed over the phone. Will Call/Pick-Up is not available for
payments made through PayPal.