Terms and Conditions of Use
1. Introduction
Welcome to Solon
Manufacturing Company's web site (hereinafter, the “Site”).
This site is governed by the policies, terms and conditions
set forth below (the “Terms and Conditions of Use”).
PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS SITE.
By using this Site you indicate your acceptance of,
and agreement to be bound by, the Terms and Conditions set
forth below (also referred to as this “Agreement”).
If you do not agree to these Terms and
Conditions of Use, please do not use this Site.
Solon reserves the right, at its sole discretion, to
change, modify, alter, add or remove portions of this Site
and/or these Terms and Conditions of Use at any time and
without notice. Any such
modification will become effective upon the date they are
first posted on this Site.
Please review the Terms and Conditions of Use periodically.
Your continued use of this Site after the posting of
changes to these Terms and Conditions of Use will mean you
accept those changes.
2.
Site Content and Use of the Site
Solon Manufacturing Company
("Solon") maintains this Site for your personal information,
education and communication.
Please feel free to browse the Site.
You may download material displayed on the Site for
non-commercial, personal, internal informational use only,
provided you also retain all copyright,
trademark, and other proprietary notices contained on the
materials and any copy of the materials includes the
following copyright notice: “The materials on this Site are
Copyright by Solon Manufacturing Company.
All rights reserved.” You
may not, however, distribute, modify, alter, transmit,
reuse, re-post, or use the content of this Site for public
or commercial purposes, including, but not limited to,
product names, designs, logos, titles, text, images, audio
and video, without Solon's prior written permission in each
instance. Modifications of the
materials or use of the materials for any other purpose is a
violation of Solon’s copyright and other propriety
rights.
3. Intellectual
Property Notice
Unless otherwise noted,
product names, designs, logos, titles, text, images, audio
and video within this Site are the trademarks, service
marks, trade names, copyrights and/or other intellectual
property (collectively, “Intellectual Property”) of Solon.
All other product names as well as unregistered and
registered trademarks are the property of their respective
owners. Nothing contained within
this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any
Solon Intellectual Property displayed within this Site
except as set forth in paragraph 2 above.
Any use or reproduction of the Intellectual Property
on this Site is strictly forbidden without Solon’s prior
written permission in each instance.
4. Submissions
Solon does not claim
ownership of the photographs, slides, images or other
materials (collectively, "Materials") you provide to Solon.
However, by sending, mailing, forwarding, uploading,
inputting, providing or otherwise submitting Materials to
us, you are granting Solon and its sublicensees the right
and license to use, in perpetuity, any of the Materials
submitted to us without compensation, notice or credit to
the person(s) submitting such Materials. Such rights shall
include, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Materials, and
to publish your name in connection with your Materials. In
addition, Solon shall have the right to make additions to,
and new renderings, modifications or embellishments of, the
Materials. All such additions, renderings, modifications
and/or embellishments shall be and remain the property of
Solon.
Solon is under no obligation to use any Materials you provide and may remove any Materials from its publications and/or web site at any time in Solon's sole discretion. Solon will not return any submitted Materials to you. Any Materials submitted to Solon without your name, address and telephone number shall not be selected for use.
Solon shall not be liable by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, which may occur or be produced in the use of such Materials or the publication thereof, including any misspellings or other mistake with regard to your name or identity and/or the material's subject(s), if disclosed.
Any person submitting
Materials to us represents and warrants that: (1) he/she
owns all right, title and interest in such Materials; and
(2) our use thereof will in no way infringe upon the rights
(including, but not limited to, copyrights) of any person or
entity.
5. Disclaimers
The information and materials in this site are provided “as
is” and without warranties of any kind either express or
implied. To the fullest extent permissible pursuant to
applicable law, SOLON disclaims all warranties, express or
implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose, OR
NON-INFRINGEMENT. SOLON does not
warrant that the functions contained in THIS SITE will be
uninterrupted or error-free, that defects will be corrected,
or that this site, or the server that makes it available,
are free of viruses or other harmful components.
SOLON does not warrant or make any representations
regarding the use or the results of the use of the materials
in this site in terms of their correctness, accuracy,
timeliness, reliability or otherwise. You (and not SOLON)
assume the entire cost of all necessary maintenance, repair
or correction. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
FURTHER, SOLON
DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT
OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS
FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED
TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY
THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR
INDIRECTLY ACCESSED THROUGH HOT LINKS IN THIS SITE,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OUR OMISSIONS
THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY
PORTION THEREOF; (D) YOUR USE OF THIS SITE; OR (E) YOUR USE
OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
6. Limitation on
Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A COVERED
PARTY (AS DEFINED BELOW) BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEY’S FEES AND LOST PROFITS OR SAVINGS) IN
ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH THE USE, OR INABILITY TO USE, THIS SITE, INCLUDING ITS
CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
“Covered Party” means Solon, its affiliates,
and any officer, director, representative, employee,
subcontractor, agent, successor, or assign of Solon or its
affiliates.
7.
Links or Unaffiliated Products and Sites
Descriptions of, or
references to, products, publications or web sites not owned
by Solon do not imply endorsement of that product,
publication or web site. Users may, through hypertext or
other computer links gain access to other web sites on the
Internet that are not owned or operated by Solon.
Should the viewer leave the Solon Site via a link
contained herein, and view content that is not provided by
Solon, the viewer does so at its own risk.
Solon has not reviewed all material linked to or from
this Site and is not responsible for the content of any such
material. Any concerns regarding
any such web sites should be directed to the particular web
site or service.
8. Product Information; Pricing Information; Availability; Errors and Omissions Disclaimer
The Solon products displayed
at the Site are available in the United States and select
foreign markets while supplies last.
The prices displayed at the Site, however, are quoted
in U.S. Dollars and are valid and effective only in the
United States and subject to change at any time.
All product information and specifications listed on
this Site are subject to change without notice.
Images, depictions, recommendations and colors are intended
as a general guide only.
We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturing price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill Customer's orders.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price.
9. Payment Terms
Solon accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will not be charged until the Products listed in your order are shipped.
10. Compliance with the Law
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement. The Customer is solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies.
11. Sales Terms; Customer Acknowledgment; Return Privileges
The Terms and Conditions specified herein constitute a binding contract between Customer and Solon. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Site. These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
All returns of accessory items purchased on this Site require prior authorization. Returns must be authorized by us within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any accessory item sold on this Site that is deemed by us to be defective.
12. Security
When you are asked to share your personal information in order to make a purchase on www.solonme.com, you are sharing that information with Solon, its affiliates, agents and representatives. We contract with another company to provide credit card processing through our Site. We provide this company with only the information needed to perform these services and we work closely with them to ensure your privacy is respected and protected. This other company is prohibited, by contract, from using or sharing this information with anyone for any reason, other than for the sole purpose of processing credit card information for sales on this Site.
On rare occasions, we may need to disclose specific information in response to a court order, upon governmental request, or when we are required by law to do so. Solon may also share information with companies assisting in fraud protection or investigation. We will not however, share information with agencies or companies for commercial or marketing purposes.
When you provide your email address, we will only send you emails necessary to process your order or respond to a request.
Solon is committed to providing you with a highly secure ordering environment. We've made a significant investment to use the best technology to protect your information. When you make a purchase on our Site, your transactional information is transmitted in a safe, encrypted format; however, we cannot fully warrant the security of any transmitted information and remind you that you do so at your own risk. To safeguard this information, we use one of the best Internet Certificate Authorities, offering you the highest degree of confidentiality and security.
13. Data collection; Cookies
When you place an order on our Site and/or request a catalog, we may collect your name, address, telephone number, email address, and when necessary, credit card information. We maintain the data you provide us in a secure database. This information allows us to process and fulfill your order or catalog request from our Site. If we collect your credit card information, it is used for the sole purpose to bill and ship your order.
We gather information by the use of cookies on our Site. A cookie is a small data file that is stored by your web browser on your computer. This allows us to maintain your shopping cart from page-to-page. We use cookies to remember what items are in your shopping cart or recognize you when you return to our Site.
14. Governing Laws; All Sales made in Connecticut
This Agreement is governed by, and shall be construed in accordance with the law of the State of Connecticut without reference to the conflicts of laws principles thereof. It is intended that the law governing this Agreement and applicable to its construction be the same that a Connecticut court would apply in construing a contract entered into in the State of Connecticut by two Connecticut residents with the intention that the contract be fully performed in the State of Connecticut. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Mossberg intends to make such products or services available in such countries.
15. Jurisdiction
You agree to irrevocably submit to the jurisdiction of the Superior Court for the Judicial District of Hartford-New Britain at Hartford, Connecticut, and to the jurisdiction of the United States District Court for the District of Connecticut over any suit, action or proceeding, in law or in equity, arising out of or in any way related to this Agreement. You also agree to irrevocably waive, to the fullest extent permitted by law, any objection which either of them may have to the laying of venue of any such suit, action or proceeding brought in any such court, and any claim that such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
16. Termination
This Agreement is effective
until terminated by Solon, at any time without notice.
In the event of termination, you are no longer
authorized to access this Site, and the restrictions imposed
on you with respect to material downloads from this Site as
well as the disclaimers and limitations of liabilities set
forth in this Agreement shall survive.
17. Entire Agreement
The Terms and Conditions
contained herein constitute the entire agreement between
Customer and Solon. Customer consents to receiving
electronic records, which may be provided via a Web browser
or e-mail application connected to the Internet; individual
consumers may withdraw consent to receiving electronic
records or have the record provided in non-electronic form
by contacting us at 338 Madison Ave, Suite 7, Skowhegan, ME
04976.
Customer may be authorized by
Solon to issue a purchase order for administrative purposes
only. Additional or different terms and conditions contained
in any such purchase order will be null and void. Customer
agrees that the Terms contained herein and in our invoice or
other documentation will control. No course of prior
dealings between the parties and no usage of trade will be
relevant to determine the meaning of these Terms or any
purchase order or invoice related thereto. This section may
not apply if there is a written contract between Customer
and Solon.
In the event any section or
portion of a section of these Terms are deemed unlawful or
unenforceable, that section or portion of a section shall be
stricken from the Terms, and the remaining terms shall
continue in full force and effect.