GENERAL and LEGAL Information
GENERAL:
This site is created and controlled by B and B Ventures, Inc.
in the United State of New York. As such, the State of New York
shall govern these disclaimers and conditions, without giving
effect to any principles of conflicts of laws. The right to make
changes at any time to this site, the conditions, and disclaimers
is reserved by B and B Ventures, Incorporated.
COPYRIGHTS / TRADEMARKS / PATENTS:
All content included on this web site is the property of B and
B Ventures, Inc. and is protected by U.S. copyright laws. The
content and software on this site is to be used as a shopping
and/or information resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display
or performance, of the content of this site is strictly prohibited.
All other trademarks, logos, graphics and service names are the
property of their respective companies.
DISCLAIMER:
B and B Ventures, Inc. provides this site on an "AS IS"
basis and makes no warranty or representation, express or implied,
including the warranties of merchantability and fitness for a
particular purpose. B and B Ventures, Inc., or its affiliates,
their respective officers, directors, employees and representatives
will not be liable for any damages of any kind arising from the
use of this site, including but not limited to direct, indirect,
incidental punitive and consequential damages.
The options, suggestions and/or recommendations in our reports
have been calculated for the highest possible accuracy. However,
B and B Ventures, Inc. is not liable if projected savings are
not actually achieved and/or the performance of a design(s), lighting
or any other, does not meet one's personal expectations. Our reports
are based on an analysis of conditions observed at the time of
the audit, information provided by client, approximate kilowatt
cost of the area and average local costs for materials and labor.
Estimated savings, evaluations, suggestions, options, recommendations,
and solutions are computed based upon government, engineers' and
manufacturer's reports and/or specification sheets. The degree
of your savings and/or your problem(s)' correction(s)' depends
upon many factors, such as; the use of the premises in a de facto
manner, seasonal variations in fuel and electric prices, weather,
specific energy use practices of the building's occupants, proper
maintenance of equipment, which manufacturers you purchase products
from and including which and/or how many measures you implement.
WEB LINKS:
Links to third party sites let you the visitor leave our web pages
and this site. Visitors are deemed to acknowledge that B and B
Ventures, Inc. has no control and hereby disclaims responsibility
for any information contained in any other web pages and/or site(s)
accessed through hyperlinks. B and B Ventures, Inc. accepts no
liability for any direct, indirect, consequential or other losses
or damages of whatever kind arising from using any hyperlink.
TERMS AND CONDITIONS OF SALE
1. Controlling Provisions: Sale of any products or services
by Seller is expressly conditioned upon Buyer's acceptance of
these terms and conditions of sale which supersede and replace
all other terms proposed by Buyer to the extent a conflict exists.
Any additional or different terms proposed by Buyer are objected
to and not binding upon Seller unless specifically agreed to in
writing by Seller.
NOTE: All orders are subject to acceptance by the Seller, B and
B Ventures, Inc..
2. Prices: Seller's prices are subject to change without notice.
Seller reserves the right to increase prices up to and including
time of delivery.
3. Payment: Payment terms are net 30 days for partial or complete
shipments for Buyers who have an account with Seller and have
received credit approval from Seller's credit department. All
other payment terms are to be in advance or upon receipt. All
orders require a deposit or retainer fee. ALL DEPOSITS AND RETAINER
FEES ARE NON-REFUNDABLE. Only Buyers who have established a credit
line with the Seller will receive the payment terms of net 30
days for the balance due. Seller reserves the right to charge
interest at the highest applicable legal rate on any unpaid balance
of the price which is not paid on time. Buyer hereby agrees to
pay all reasonable costs, disbursements, and attorney's fees actually
incurred by Seller to collect any portion of the unpaid balance.
Seller also reserves a security interest in any products for which
the purchase price is not fully paid. Buyer will execute a financing
statement, security agreement, or any other documents requested
by Seller in connection therewith.
4. Taxes: The gross amount of any sales, property, excise, use,
value added, or other similar tax applicable to the price, sale,
or use or delivery of any products or services furnished by Seller
will, at Seller's option, either be added to the price or be paid
directly by Buyer unless, prior to shipment, Buyer provides Seller
with a tax exemption certificate acceptable to the taxing authorities.
5. Transportation & Handling: All shipments routed by Seller
to any destination in the Unites States will be sent Freight pre-paid,
but a transportation charge and also a handling charge will be
added to invoice. Routing of shipments will be selected by Seller.
Seller will not ship in any special manner or insure shipments
against loss or damage unless so requested in writing by Buyer
and then, at Buyer's expense.
6. Risk or Loss: Seller's risk of loss, including the responsibility
for safe delivery, ceases when the transportation company receives
shipment in good condition. Claims for losses or damage incurred
during transit should be reported directly to the carrier immediately
upon receipt of shipment. Seller assumes no responsibility for
collection of a loss claim. The first custom made Ballot Box provided
to the Buyer remains the property of the Seller and becomes the
responsibility of the Buyer. When the Buyer's web site's marketing
program is not renewed with the Seller, the Buyer must returned
the Ballot Box to the Seller in good condition. If not returned
within 30 days, the Buyer will be invoiced for the current price
of the Ballot Box with tax when applicable. The Buyer should make
sure that their web address is written on all correspondence and
Order Forms.
7. Delivery and Load Up Dates: Delivery and Load Up dates that
are furnished by Seller are estimated only and Seller assumes
no responsibility for failure to deliver on or about such dates.
Seller will not be liable for failure or delay in performance
due to:
a.) acts of God, acts of Buyer, acts of civil or military authorities,
governmental regulations or priorities, software defects, virus
problems, Hardware or Software problems at the Server companies
providing service to the Seller, strikes, or other labor disturbances,
fines, riots, wars, or natural disasters including epidemics,
storms, droughts, floods, earthquakes or transportation delays.
b.) inability of Seller to obtain necessary materials, components,
services, or facilities, or
c.) without limiting the foregoing, any causes beyond Seller's
reasonable control.
8. Returns: Merchandise is not returnable without written consent
of Seller. Request for permission to return must be made within
15 days after receipt of shipment. Seller will assign an authorized
number for approved returns which must appear on both the Customer's
shipping container and the related debit memo. Only current items
in original cartons are subject to return. All unauthorized returns
will be sent back to the Customer at her or his expense. Return
shipment must be prepaid and shipped in accordance with instructions
set forth on the return authorization form included in each shipping
box.
9. Warranties/Disclaimers:
A) Products manufactured by Seller:
Seller's products are made from quality materials and are manufactured
to exacting specifications. Seller is not responsible for any
minor product variations, imperfections, discrepancies or other
inconsistencies.
The warranties and remedies set forth herein do not apply to:
i) products, advice, assistance, or service or services which
Seller furnishes to Buyer for payment, as a business courtesy,
or otherwise.
ii) any products or parts thereof which have been subjected to
misuse (including but not limited to any violation of Seller's
instructions), neglect (including but not limited to improper
maintenance), improper storage or incorrect installation.
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND THERE
ARE NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED,
WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD HEREUNDER, WHETHER
AS TO MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY
OTHER MATTER.
B) Products not manufactured by Seller:
Warranty or warranties obtaining to products manufactured by a
person, company, entity or other organization other than Seller
include solely those warranties or warranty provided by manufacturer
or manufacturers of said products.
C) Web Sites and Marketing Services:
The Buyer understands; Work does not start until Retainer Fees
have been received at the main office of the Seller. Web Sites
are not loaded up on the web until the Balance Due is received
at the main office of the Seller. A web page has a maximum of
250 words, 5 graphics and 1 link. Additional items placed on pages
and extra pages have additional fees. The second web page included
with the Initial one year program is established only for coupons
or specials with one link and a standard white background-no color
or graphics. All information, photos, art and material provided
by the Buyer may be kept on file by the Seller and are Not Returnable.
The Seller is not responsible for any originals or "one of
a kind". The Seller is not responsible for errors in coupons,
e-mail or web pages. It is the Buyer's responsibility to check
and proof read all work. The Buyer will be shown print outs of
the web site and e-mail message for approval. Any changes or corrections
requested at that time will be done by the Seller at no charge.
Any additional changes and/or requests for additional print outs
of the web site or e-mail message will have additional fees. The
Buyer is responsible for checking their web site on the web after
it has been loaded up. If the Buyer sees any corrections or changes
that where done in error by the Seller, the Buyer must notify
the Seller's main office within 30 days of the load up date to
have these corrections done by the Seller at no charge. The Buyer's
e-mail coupon can be changed or updates done, as per the Buyer's
service, only when the Buyer makes this request to the Seller
no later than two weeks prior to the scheduled e-mailing or renewal
dates. Failure to notify the Seller allows e-mail and web sites
to stay status quo. The Seller is not responsible for any expired
coupon dates or information on e-mail messages or web sites. Unless
otherwise notified, the Seller places one year expiration dates
to coincide with Buyer's program on all work. When a Buyer does
not renew for another year, the Seller leaves all work status
quo from 15 to 30 days. If renewal still has not occurred, all
work and links are erased. Any work done after this time constitutes
initial pricing, not renewal pricing. By signing this order form
the Buyer states an understanding of this agreement and approves
all work, information, the linking of Buyer's web site to Seller's
web sites and gives permission to the Seller to use, present or
model Buyer's web site, name and images, as well as permission
to place ads on Buyer's web site pages.
D) Listings with Seller's acu.net:
With services linking Buyer's web site through Seller's Access
Coupon Union, the Seller maintains the right to reject loading
and /or linking a Buyer's web site when that site does not meet
the standards of the Seller.
Only one (1) listing with acu.net is included in the first year's
fee and renewal fees. Additional listings under other topics are
extra.
Each web site must maintain a web coupon or web special offering
customers/visitors a savings. Each coupon and special must have
an expiration date that coincides with the yearly time frame the
site has when listed with the Seller.
The removal or non-updating of web coupons and specials from a
web site may consititute the removal of all LINKS listing that
web site with the Seller.
Professional sites of Doctors, attorneys, etc. must have free,
useful information on their site. The term "free" means
a visitor to the site does NOT have to disclose any personal data
to obtain or see the information.
When renewing for an additional year, it is the Buyer's responsibility
to update all web coupons, specials or free information on the
web site one week prior to the renewal date. Failure to do so
may constitute the removal of all LINKS listing that web site
with the Seller. Buyer shall be automatically notified three weeks
prior to renewal date. The Buyer can automatically renew at acu.net/accessrenew.html.
10. Limitations of Liability:
a) Seller will not under any circumstances, whether as a result
of breach of contract, breach of warranty, tort or otherwise be
liable for consequential, incidental, special or exemplary damages
including , but not limited to loss of profits or revenues, loss
of use of or damage to any associated equipment, cost of capital,
cost of substitute products, facilities or services, downtime
costs, or claims of Buyer's customers.
b) SELLER'S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR
DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT
OF THIS AGREEMENT OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER
SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT OR SHIPMENT
WHICH GIVES RISE TO THE CLAIM
c) Seller will not be subjected to any liability, whether in contract,
warranty, tort, or otherwise on any claim for less or damage concerning
products, parts, advice, assistance, or service which Seller furnishes
to Buyer as a business courtesy, but are not required.
