THRIFTY SUPPLY COMPANY
This website (the “Site”) is provided for customers of Thrifty Supply Company, (“Thrifty Supply” or “Thrifty” herein). Thrifty Supply, whose corporate headquarters are located in Bellevue, Washington, operates branches located throughout Washington, Oregon and Northern California. Thrifty Supply is committed to providing a stable, predictable Internet environment as a service to its customers. Use of this Site requires at least Internet Explorer 7.0, Mozilla Firefox 3.5, Apple Safari 4 or Google Chrome 4.0 and is compatible for both PCs and Macs.
LICENSE; OTHER AGREEMENTS
1.2 Illegal Use. As a condition for use this Site, you represent and warrant to Thrifty Supply, its employees, agents, related entities, successors and assigns, that you will not use the Site for any unlawful or immoral purpose, or for any purpose whatsoever that is prohibited by these Terms or by any applicable law or regulation.
1.3 No Other Agreements. Other than these Terms, and agreements relating to the sale of products or services to you through this Site, Thrifty Supply will not enter into any agreement or obligation with, or to, you, respectively, through this Site. Any attempt to create such an agreement or obligation is, and shall be deemed to be, ineffective, invalid and of no effect.
1.4 Modification Permitted. Thrifty Supply reserves the right to update or modify these Terms at any time without prior notice. Your use of this Site following any change(s) means you unconditionally agree to follow and be bound by the Terms as changed. Accordingly, Thrifty encourages you to review these Terms each time you use the Site.
2.1 Permissible Use. You may use this Site and the items visible on it as a purchasing resource and for no other purpose. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of this Site, or any part of it, is strictly prohibited.
2.2 Depiction of Colors. Thrifty Supply has done its best to display as accurately as possible the colors, if relevant, of the products shown herein. However, because colors depicted depend on the monitor being used to view them, Thrifty cannot guarantee the color or colors displayed will be accurate.
MAINTENANCE, AVAILABILITY OF FEATURES,
CHANGE OF USER NAME AND/OR PASSWORD
3.1 Site Maintenance Schedule. The Site is maintained on a regular basis. It is unavailable from 1:00 am until 3:00 am each Tuesday through Saturday Pacific Time for maintenance. In addition, Thrifty Supply reserves the right to terminate, change, suspend or discontinue any aspect of this Site, including the availability of any of its features at any time without notice. Thrifty may also impose limits on certain features and/or services or restrict access to all or any part of the Site without notice or liability.
3.2 Suggested Prices. Prices contained herein are suggested. Thrifty Supply, its suppliers and manufacturers reserve the right to change product pricing, terms, specifications and warranties without notice. Prices, delivery or terms are not guaranteed until and unless an acknowledgment of purchase has been agreed by Thrifty or a confirmation of order has been issued for an on-line purchase or group of purchases.
3.3 User Responsible to Maintain Confidentiality. If you register for an account on this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and/or password.
SITE SECURITY; AUTHORIZED BROWSERS;
PENALTY FOR VIOLATION
4.1 Site Violation. You are prohibited from violating or attempting to violate the security of this Site, including without limitation, accessing data not intended for you; logging onto a server or an account that you are not authorized to access; attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper and prior written authorization; attempting to interfere with service to any user, host or network, including, but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or, forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will be investigated and prosecuted for civil liability and/or referred for criminal prosecution.
4.2 Authorized Browsers; Penalty. You agree not to use any device, software or routing to interfere, or attempt to interfere, with the proper working of this Site or any activity being conducted on it. You further agree not to use, or attempt to use, any engine, software, tool, agent or other device or mechanism, including, but not limited to, browsers, spiders, robots, avatars or intelligence agents to navigate or search this Site, other than generally available third party web browsers (e.g., Microsoft Explorer,® Mozilla Firefox,® Apple Safari® or Google Chrome) or the search engine and its agents made available by Thrifty Supply for your use on this Site. Use of any other browsers, search engines or search agents is presumed to be a violation of this paragraph and will be dealt with according to paragraph 4.1.
INTELLECTUAL PROPERTY RIGHTS;
USER’S RESPONSIBILITY REGARDING
5.1 Trademarks and Copyrights. All content visible on this Site, including without limitation, page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to intellectual property rights of, or licenses held by, Thrifty Supply, its suppliers and/or manufacturers. You acknowledge and agree that you have no right, title or interest in the trademarks or copyrights or any other intellectual property right visible on, or obtainable from, this Site unless that right arises from an agreement unrelated to these Terms. All content and materials on this Site, and all software used on it, are the property of Thrifty Supply Company or Gorlick Distribution or its content or software suppliers, as applicable, and are protected by U.S. and international copyright laws. The entire content of this Site is copyrighted as a collective work under U.S. copyright laws.
5.2 Compliance Required. You agree to comply with all copyright laws worldwide in your use of this Site and agree to prevent the unauthorized copying of it or any part thereof. Fair use of Thrifty Supply trademarks or the trademarks of any manufacturer or supplier of products appearing on this Site requires prior written acknowledgement from the holder of the mark.
5.3 Product Availability. While Thrifty Supply makes every effort to fulfill orders, it cannot guarantee the availability of any particular product(s) merely because it is or was displayed on this Site. Accordingly, the company makes no representation as to the availability of any product(s) depicted in the Site – an agreement for delivery of any product(s) may only be made through a sales agreement to which Thrifty has manifested its assent in writing. Prices displayed on this Site are quoted in U.S. Dollars. Prices displayed do not include shipping, handling or any sales or use taxes, if applicable; such charges will be added to any final price. Please take notice you will be responsible for these charges in the final sales agreement, unless an arrangement to the contrary is reached and Thrifty Supply manifests its assent in writing to the same.
6.1 User Information. Thrifty Supply does not request, and you are requested not to send, any confidential or proprietary information to Thrifty Supply via this Site, except as is specifically requested as a condition for the use of the Site. You agree that any information or materials, you or individuals acting for you (collectively “User”) provide, including without limitation, comments, feedback, ideas, suggestions or the like, regarding this Site or Thrifty Supply, which is submitted or offered in connection with your use of this Site or is submitted in connection with Thrifty’s products, services or other materials (collectively “Feedback”), is not to (and will not) be considered confidential or proprietary. By submitting Feedback, User agrees Thrifty Supply does not have an obligation of any kind with respect to such Feedback but User is, and shall remain, solely responsible for its content.
6.2 License Grant. By providing Feedback to us, User grants Thrifty Supply an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials. User further agrees that Thrifty is free to use any ideas, concepts or know-how resulting from, or contained in, Feedback User provides. Thus, without recourse, Thrifty will exclusively own all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Feedback.
6.3 Compensation Not Authorized. Thrifty Supply is under no obligation to maintain any Feedback in confidence or to pay compensation to User, any person or entity for its use. Thrifty is not obligated to respond to any Feedback. User agrees not to provide Thrifty with any information or materials, including Feedback, that is defamatory, threatening, obscene, harassing or otherwise unlawful, or that incorporates the proprietary, copyrighted or trademarked material of another.
Termination Permitted. We may terminate your access, or suspend your access to all or any part of the Site, without notice, for any conduct that Thrifty Supply, in its sole and absolute discretion, believes is a violation of these Terms, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, to us or our affiliates, regardless whether the same is ultimately determined to be true and correct or not.
WARRANTIES AND REPRESENTATIONS
8.1 NO WARRANTIES. THIS SITE IS PROVIDED BY THRIFTY SUPPLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THRIFTY SUPPLY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR MATERIALS INCLUDED HEREIN, OR THE SUITABILITY OF ANY MATERIALS OR PRODUCTS DEPICTED FOR ANY PARTICULAR PURPOSE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS; NEITHER IS ANY WARRANTY MADE ABOUT THE COMPLETENESS OR ACCURACY OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED. YOU AGREE AND ACKNOWLEDGE THAT ANY RELIANCE ON THE CONTENT DISPLAYED ON THIS SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THRIFTY SUPPLY RESERVES THE RIGHT TO CORRECT ANY INACCURACIES OR OMISSIONS AND MAY MAKE ANY OTHER CHANGES TO THE SITE, ITS MATERIALS AND PRODUCTS, SERVICES OR PRICES (IF ANY) DESCRIBED AT ANY TIME, WITHOUT NOTICE.
8.2 ALL WARRANTIES DISCLAIMED. ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, PRODUCTS AND SERVICES DESCRIBED OR DEPICTED HEREIN. IN NO EVENT SHALL THRIFTY SUPPLY (AND WITHOUT LIMITATION, ITS AFFILIATES, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ARISING OUT OF, OR IN ANY WAY CONNECTED TO, THE USE OF THIS SITE, THE CONTENT OR THE MATERIALS CONTAINED HEREIN OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, NOTWITHSTANDING THAT THRIFTY SUPPLY MAY HAVE BEEN OR WAS ACTUALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE IN ADVANCE.
8.3 PRODUCT WARRANTY; EXCEPTION. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM DEPICTED ON THE SITE PROVIDED SUCH WARRANTY PASSES TO THE USER VIA A BONA FIDE SALES AGREEMENT TO PURCHASE THE ITEM(S) AND THE DELIVERY OF THE WARRANTY IN QUESTION IS IN CONNECTION WITH THAT SALE.
8.4 DAMAGES. IN NO EVENT SHALL THRIFTY SUPPLY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES FOR ITS USE PAID BY YOU TO THRIFTY SUPPLY IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER IS AN ESSENTIAL PART OF THE LICENSE GRANTED YOU TO USE THIS SITE.
9.1 Third-Party Websites. As a convenience to you, links to websites operated by non-affiliated companies or operators may be provided. If you link to, and/or use, these other sites, you will leave the site operated by Thrifty Supply – please therefore, be aware that Thrifty Supply has no control over the content in those other sites. Therefore, if you use any linked site, you do so at your own risk. It is your sole and exclusive responsibility to take protective measures to guard against viruses, worms, Trojan horses, and other cybernetic items of a destructive nature.
9.2 No Warranty to Linked Sites. Thrifty Supply makes no warranty or representation regarding any linked site or the information appearing, or of any of the products or services described, in it. Providing a link does not imply that Thrifty or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or other copyrighted symbol visible thereon.
9.3 Thrifty Supply Link Not Authorized. No link to this Site is approved without such approval being in a writing executed by an authorized official of Thrifty Supply in advance of such link being established.
NO JOINT VENTURE, AGENCY OR OTHER RELATIONSHIP;
USER’S INDEMNIFICATION RESPONSIBILITY
10.1 No Relationship. You agree that a joint venture, partnership, employment or agency relationship has not arisen by these Terms or by your use of the Site. Our failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
10.2 Complete Agreement. These Terms represent the complete agreement between you and Thrifty Supply and supersedes all prior agreements and representations. No modification of these Terms is valid and effective unless they are authored, and executed, by an authorized official of Thrifty and posted on this Site.
10.3 Unenforceable Clause. If any part of these Terms is invalid or unenforceable for any reason, the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision. In any case, the remainder of these Terms shall govern and are enforceable notwithstanding any incorrect or invalid clause contained herein.
10.4 User’s Indemnification Responsibility. You agree to defend, indemnify and hold Thrifty Supply and its affiliates, directors, employees, agents, attorneys-in-law and/or fact, successors and assigns, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from, or related to, your use of this Site.
GOVERNING LAW; VENUE
11.1 Exclusive Jurisdiction. This Site is governed and construed by the laws of the State of Washington. Any use of this Site shall comply with all laws and regulations of the State of Washington and King County as well as all applicable federal laws and regulations.
11.2 Local Law; Exception. Notwithstanding Paragraph 11.1, use of this Site is not authorized in any jurisdiction where all or any portion of it violates any local legal requirements. You agree not to access this Site in any such jurisdiction. Any use of this Site in contravention of this provision is at your own and exclusive risk.
11.3 Exclusive Venue Granted. Any lawsuit or claim arising from the use of this Site shall be brought exclusively in King County Superior Court, Seattle, Washington, or in the federal district court sitting in Seattle, Washington, should litigation in federal court be required by any federal law or ruling.
11.4 Contractual Limitation of Action. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause arose or it is forever barred and is null and void. This clause is an essential part of the Terms for your use of the Site.
11.5 Electronic Forms Admissible. A printed version of these Terms and/or of any notice given by Thrifty Supply in electronic form shall be admissible in any judicial or administrative proceeding based upon or relating to these Terms, or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IMPLIED AGREEMENT UPON USE
Use Deemed Acceptance. Use of this Site is, and shall be deemed to be, an unqualified acceptance of these Terms, without reservation. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
Last Amended: July 13, 2010.
© Copyright Thrifty Supply Company, Gorlick Distribution Centers, LLC, 2015, All Rights Reserved