Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to Tarps Plus, where we provide information, goods, and services to you subject to the following conditions. If you visit, download information, shop or purchase by or through the TarpsPlus.com website (hereinafter referred to as “Website”, "Tarps Plus", "Tarpsplus.com" or "Tarps Plus®"), you hereby accept and are legally bound by all of these terms and conditions for the use of this Site. Please read them carefully.
By using this Website located at TarpsPlus.com, you signify your Agreement to all terms, conditions and notices contained or referenced in this Site Use Agreement (hereinafter referred to as “Agreement”).
If you do not agree with any of the terms and conditions of this Agreement, please do not use this Website.
Tarps Plus reserves the right to update or revise any terms or conditions of this Agreement at any time and in our sole discretion. Please check the Agreement periodically for changes.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account or password.
Tarps Plus sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Website only with involvement and consent of a duly authorized parent or guardian. Tarps Plus further reserves the right to at any time refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion. Specific to the offering for sale, purchase, delivery and use of our goods or services, Tarps Plus does not employ, or operate any office, sales room, sales agents, warehouses, or other place of business other than those exclusively located within the State of Texas. Neither do we allow or permit, the temporary or permanent employment or services of agents, affiliates, affiliate partners or similar such third parties, either directly or indirectly, in the sales of tarps, goods or services from any other state than that of Texas.
At the time of your submission of any bona fide offer of purchase, or any other form of purchase of goods or services from Tarps Plus, you hereby agree to complete any such offer or purchase, with ownership and responsibility over such goods or services thereby accepted by you immediately following your purchase. At the time of any sale or offer of purchase, whether by telephone, Website or other forms of electronic communications, your contemporaneous agreement to pay for such goods and services prior to delivery is hereby expressly agreed to. Your failure to honor any offer of sale accepted by Tarps Plus, or any failure to complete any transaction made in good faith with Tarps Plus, thereby constitutes a breach of this Agreement, subject to adjudication in any Court of competent jurisdiction selected in the sole discretion of Tarps Plus. In all such instances, you hereby indemnify and hold Tarps Plus harmless from all costs of suit or collection actions, including actual attorney fees, costs or expenses, known or unknown, at or after, the time of your purchases.
LICENSE AND SITE ACCESS
Tarps Plus® engages in the lawful sale of goods and services exclusively within the State of Texas, and does not hire or employ any third party sales or delivery representative operating in any other state for the purpose of taking your orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, deriving rentals, selling, warehousing and delivering goods, tarps or services, either directly or indirectly, whether by employees, agents or representatives, in any state except in Texas.
Use of the Website tarpsplus.com grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website tarpsplus.com, nor any portion of this Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site, or otherwise created, authorized, or reproduced by Tarps Plus, or its affiliated websites, without our express written consent. Further, you may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Tarps Plus trade name, or any derivative names or marks, without the express written consent of the Company.
Any unauthorized Website use terminates the permission or license granted by the Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website, or its affiliated websites, only so long as the link does not portray Tarps Plus, its website, or any affiliated websites, or its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Website logo or other proprietary graphic, or trademark developed, owned or controlled by the Company, as part of the link, or otherwise, without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Website is owned and operated by Abadak Inc., a Texas Corporation, (as otherwise referred to herein as "we," "us," "our", Tarps Plus, Tarps Plus®, or the "Company"). All information of any kind or nature, received, viewed, or communicated in connection with the Website, including customer account information, is deemed to be owned, controlled, and reserved for any and all legitimate business purposes, without limitation, by Tarps Plus only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site or use of the materials within the Site for any other purpose, is a violation of our copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.
Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Tarps Plus. If you access or download any textual information, images, data, or software from the Website, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Agreement.
Tarps Plus reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Tarps Plus retains full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable or machine-readable form without the exclusive written permission of Tarps Plus, as duly evidenced by the signature of duly authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
TarpsPlus.com visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information on the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tarps Plus reserves the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant Tarps Plus the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Tarps Plus for all claims resulting from content you post or supply. Tarps Plus will always have the right, but not the obligation, to monitor and edit or remove any activity or content and takes no responsibility or assumes any liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS AND GLOBAL SALES POLICY
Tarps Plus® attempts to be as accurate as possible in creating product or services descriptions. However, we do not warrant the merchantability or fitness of use for any product, product description, services descriptions, nor any other content of this Website as accurate, complete, reliable, current, or error-free. Custom product orders are made to order per customer selected specifications and not returnable for any reason, with all products and services offered and sold on an as-is basis, with all sales being final.
CALIFORNIA PROPOSITION 65
After passing the Safe Drinking Water and Toxic Enforcement Act of 1986, (hereinafter referred to as “Proposition 65”) the California Office of Environmental Health Hazard Assessment has established a website to provide the public with information on chemicals, products and locations often associated with Proposition 65 warnings. These warnings inform Californians about their exposures to chemicals that cause cancer, birth defects or other reproductive harm. Visiting their website (P65Warnings.ca.gov) regularly will help you learn about these chemicals and how you can reduce your exposure to them.
Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals. Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
While Proposition 65 does not restrict or regulate sale of goods containing listed chemicals, this law does specify maximum permitted "safe harbor" limits for listed substances, as there are no corresponding minimum amounts. Any detectable amount of a listed substance requires sellers to warn consumers against a risk of possible exposure. Proposition 65 lists only four of six phthalates regulated by AB 1108 and CPSIA (DEHP, DBP, BBP and DIDP). One additional phthalate (DnHP), not regulated by CPSIA or California AB 1108, is listed under Proposition 65. In addition to the use of Silica and n-Hexane, certain Phthalates, a family of chemicals that make plastics soft and pliable, are also commonly used in the manufacture of PVC vinyl materials used in tarps, covers and similar materials.
Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list has grown to include approximately 900 chemicals since it was first published in 1987. To obtain a list of those chemicals that may be identified in Prop 65. Further, California residents using this website or accepting deliveries of products hereby are deemed to have accepted appropriate warning in accordance with Proposition 65.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCTS, TARPS 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. CUSTOM PRODUCTS ARE MADE TO ORDER AND ARE NOT RETURNABLE FOR ANY REASON. ANY AND ALL PRODUCT SALES ARE FINAL. TARPS PLUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE. TARPS PLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SITE MATERIALS 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. TARPS PLUS 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, RELIABILITY OR OTHERWISE. YOU, (NOT TARPS PLUS), HEREBY INDEMNIFY US AND ASSUME THE ENTIRE COST OF ANY AND ALL LITIGATION CLAIMS, DISCOVERY ACTIVITIES, COSTS, FEES AND EXPENSES RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. WARNING: TARPS, COVERS AND INDUSTRIAL FABRICS MAY EXPOSE YOU TO CHEMICALS SUCH AS SILICA, N-HEXANE, CERTAIN PHTHALATES AND OTHER CHEMICAL SUBSTANCES WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS AND OTHER FORMS OF REPRODUCTIVE HARM. FOR MORE INFORMATION, PLEASE VISIT: WWW.P65WARNINGS.CA.GOV.
LIMITATION OF LIABILITY
In no event will Tarps Plus® be liable to any party for any claim, injury or cause of action related to the purchase or use of any of its products, tarps or services, including, but not limited to, any direct, indirect, special, incidental or consequential claims, injuries, causes of action, fees, taxes, penalties or damages for any losses associated with the products and services obtained by and through Tarps Plus, or the use of the Website, the purchase and use of goods or services, or for any textual information, images, data, files, software or materials found within the Tarpsplus.com website, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Tarps Plus is expressly advised of the possibility of such claims, injuries or damages, if any. Any information provided which pertains to potential chemicals that are known by the State of California to cause cancer, reproductive harm, or birth defects pursuant to Proposition 65, are provided on a “right to know” basis and is intended to be used as an informational source only, for your benefit. This information is provided only as a convenience, and it is the responsibility of Website users and purchasers to ensure compliance with Proposition 65. Information included in this document is not intended to provide legal guidance and we expressly disclaim any and all associated liability.
RISK OF LOSS
Any and all items purchased from Tarps Plus, its website, or related or any affiliated online venues owned or controlled by Tarps Plus, are made pursuant to a third-party shipment for the delivery of your items. This means that that any and all damages, risk of loss and title associated with such items pass to you upon our depositing your goods with your designated shipping carrier. To the extent you receive goods or services from Tarps Plus, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Tarps Plus, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all-affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Tarps Plus, as well as any and all costs of collection, including, but not limited to court or arbitration costs, fees and expenses.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the tarpsplus.com website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Tarps Plus, and is protected by United States and international copyright laws.
The compilation of all content on this Website is also the exclusive property of Tarps Plus, which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, Tarps Plus, together with its successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Tarps Plus.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Tarps Plus, which shall not be used in any manner or form without the express written consent of a duly authorized officer of Tarps Plus.
PROHIBITED USES OF SITE
Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the tarpsplus.com website or its content in any manner, or for any purpose prohibited herein, or for accessing or purchasing goods or services for purposes of decompiling the intellectual property of Tarps Plus, because of use of the Website.
Commercial Entities improperly utilizing this Website as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Tarps Plus harmless for any and all claims, fees, costs, expenses, awards, losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from the use of any information, photos, images, data, pages, goods or services obtained through the Website, or any affiliated website owned or controlled by Tarps Plus.
It is explicitly understood that Tarps Plus hereby reserves its right to seek and obtain immediate, temporary, or permanent injunctive relief orders against any Commercial Entity, business or private individual violating the provisions of this Agreement through a Court of Competent jurisdiction exclusively selected by Tarps Plus at any time, without imposition of bond.
Tarps Plus further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the intentional or unintentional violation of this Agreement, (ii) the prohibited use of the Website, (iii) any goods or services purchased through the Website, (iv) any alleged act or acts deemed to constitute disparagement or tortuous business interference, or, (v) any other contractual breach deemed to in any way harm our ability to engage in commerce, or to inhibit it’s ability sell any goods or services.
Any dispute relating in any way to your visit or use of the Website, or from goods or services purchased through Tarps Plus, shall be submitted to any judicial venue chosen by Tarps Plus. To the extent you have in any manner violated, or threatened to violate, the contractual provisions or policy of this Agreement, or any right, domain, trademark, copyright, or other similar intellectual property rights owned or controlled by us, we exclusively reserve the right to seek injunctive or other appropriate relief in any State or Federal Court(s), without imposition of any bond. You hereby consent to exclusive jurisdiction and venue in such Courts selected by Tarps Plus, and otherwise indemnify and hold Tarps Plus harmless from all claims, causes of action, fees and costs associated thereto.
Tarps Plus further reserves the sole and exclusive right to select binding Arbitration under this Agreement. If selected by Tarps Plus, Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction selected by us. To the fullest extent permitted by applicable law, no claim cause of action or arbitration instituted under this Agreement, shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to timely remit payment to Tarps Plus.
SALES TAXES, APPLICABLE LAW AND SEVERABILITY
Tarps Plus® conducts its business exclusively from its headquarters located in Georgetown, Texas. As a resident business of the State of Texas, Tarps Plus reserves the right to collect Texas Sales Taxes in connection with deliveries made within the State of Texas. By visiting or purchasing from Tarps Plus, you agree that the laws of the State of Texas, without regard to principles of conflict laws, will govern the terms and conditions of purchases and Site Use, and any dispute of any sort that might arise between you and Tarps Plus. In addition, you hereby agree that as a customer of Tarps Plus, either residing or not residing in the State of Teas, you shall be exclusively responsible for reporting and paying any and all applicable sales, use, local, vat, or any similar state or local taxes. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area, as some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state.
For purchases where a sales or use tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase, and we will use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase on a best-efforts basis only. We do not guarantee the accuracy of the amount of any tax we represent to you as the amount of tax owed, as minor errors may occur owing to the inability to accurately track multiple taxing districts, cities, counties, state or local “tax holidays”. Further, we do not guarantee the accuracy of the timing of tax rate changes or the application of certain taxes to categories of items we sell, and as a result of any errors, we may over-collect, under-collect or inaccurately calculate such taxes. In consideration of our allowing you to access and use of the Site, and our calculating, collecting, remitting or notifying you of sales or use taxes required on your purchases on a best efforts basis, you hereby waive your right to any and all claims that taxes collected or reported on any purchase is incorrect in any respect, and you further agree to hold us, together with our officers, directors, employees, agents, representatives, manufacturers and shippers harmless, without limitation, with respect to any harm, claims, losses or damages you may incur as a result of any error in our calculating, collecting, remitting or notifying you of the taxes you may owe for your purchases or for the delivery of products or services thereby. We provide this data as a reference to assist you in determining any applicable sales or use tax, noting our calculations may or may not match the data in your records, and may not reflect gifts or shared accounts. You hereby further agree to timely remit any such payment due to city, county, state, or other such local taxing authorities, as applicable. If any provision of these conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable, and shall not affect the validity and enforceability of any remaining terms and conditions set forth herein.
Tarps Plus® controls its website and other websites from its offices in Georgetown, Texas, United States of America. Thus, you further agree that any legal action, proceeding, or other matters relating to any alleged breach of contract stemming from your access to, or use of, the Website, or websites or applications owned by us, or any related services, goods, and materials, shall be exclusively governed by applicable U.S. Federal law or the laws of the State of Texas. In the event of any legal action arising hereunder, you also agree that Tarps Plus shall always maintain the exclusive right to remand such legal actions to any jurisdiction and venue it so chooses, including, but not limited to, any Arbitration forum, Federal or State Court, in full accordance with this Agreement.