THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL USDC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. USDC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY USDC PRODUCT OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF USDC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW).
USDC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Indemnification
You agree to defend, indemnify and hold harmless USDC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by USDC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of USDC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, the Privacy Policy, the Terms of Sale, the Customer Ratings and Reviews terms and conditions, and all other terms and conditions posted on this Website, or to which you agree as part of any program, promotion, or special feature administered by USDC through the Website, constitute the sole and entire agreement between you and USDC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Copyright and Intellectual Property Notice Policies
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME WITHOUT ADVANCE NOTICE. YOU ARE ADVISED TO VISIT THIS PAGE REGULARLY TO KEEP INFORMED OF ANY CHANGES TO THIS NOTICE.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. The form of notice and procedures set forth below are consistent with those suggested by the United States Digital Millennium Copyright Act.
Damaged or Lost Shipments –
UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (USDC carrier):
Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into USDC at 1-909 923-8858 or e-mailed to custservice@USDC-usa.com within 7 calendar days or receipt of merchandise.
Truck Shipment (when you select the carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All damages and shortages must be called in to the trucker you chose within 7 days. All damaged containers and merchandise must be kept for your trucker to inspect. At that time, you will file a claim with your trucker.
Limited Liability: IN NO EVENT SHALL USDC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THE PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USDC shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of USDC, LTL shipments and other non-scheduled carriers, back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.
Responsibility
The value of any defective product or material is our only liability. All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law.
Catalog Errors
Although all information in USDC Catalogs has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.
Compliance with Laws
Some products may be obtained from multiple supply sources located internationally and shipped directly to the customer without sending the item through USDC. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. USDC relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by USDC to be accurate. USDC, however, shall not be responsible for how products are used or installed or for the product’s conformance to regional, state, or local codes or regulations. USDC does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.
Returns
Except as otherwise provided, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must call USDC at 909-293-8858 for a Return Authorization number. No returns will be accepted without a Return Authorization number. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in their original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. C.O.D. returns will not be accepted. Shipping charges for returned items must be prepaid. No return of altered or etched items. A re-stocking charge may be applied.
Cut-to-Length Products
Because of the special nature of the products, we will be glad to cut products to length per your specifications. We reserve the right to charge a service fee for difficult or multiple cuts per item. Cut-to-length products, however, are considered final sale and may not be returned for credit.
Independent Contractors
USDC and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, re-seller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate USDC in any manner, nor will Customer represent to anyone that it has the right to do so.
Assignment
Customer shall not assign any order, or any interest therein, without the prior written consent of USDC. Any actual or attempted assignment without USDC’s prior written consent shall entitle USDC to cancel such order upon notice to Customer.
Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of USDC or its suppliers without USDC’s permission. All materials contained in USDC Catalogs and USDC’s website are subject to the ownership rights of USDC and its suppliers.
Controlling Law & Venue
The provisions of the Uniform Commercial Code, as adopted in California, shall apply (except as expressly modified hereby) with no application of the United Nations Convention on Contracts for the International Sale of Goods. All transactions shall be governed by the laws of the State of California, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in San Bernardino County, State of California.