Seller sells its complete offering wholesale to business Buyers, while also serving individuals.
A. “Web Prices” displayed on Imperialsupplies.com: (i) are offered to Buyers that do not have other pricing arrangements with Seller; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on Imperialsupplies.com, by phone, mobile app, ScanTel® ordering system, or other Seller-approved ordering methods; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
B. Buyers that have other pricing arrangements with Seller can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their Imperialsupplies.com account. Export orders may be subject to other special pricing.
C. Seller reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is prohibited. Seller reserves the right to: (i) accept or reject any Volume Discount order; or (ii) charge the full price for the product if the event that Volume Discount priced items are returned.
Buyer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Buyer shall indicate which products are tax exempt.
Seller accepts checks, money orders, Visa, MasterCard, and American Express. Standard payment terms are net thirty (30) days. For Buyers that have established credit with Seller, payment terms are one-half percent (1/2%), ten (10) days, net thirty (30) days from the date of invoice. All credit extended by Seller to Buyer, and the limits of such credit, is at Seller's sole discretion, and may be reduced or revoked by Seller at any time, for any reason. Seller reserves the right to charge Buyer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions identified in Section III. All payments must be made in U.S. dollars. Seller has the right of set-off and deduction for any sums owed by Buyer to Seller.
If Buyer fails to make payment within thirty (30) days of shipment, or fails to comply with Seller' credit terms, or fails to supply adequate assurance of full performance to Seller within a reasonable time after requested by Seller (such time as specified in Seller' request), Seller may defer shipments until such payment or compliance is made; require cash in advance for any further shipments; demand immediate payment of all amounts then owed; elect to pursue collection action (including, without limitation, attorneys' fees and any and all other associated costs of collection); and/or may, at its option, cancel all or any part of an unshipped order. Additionally, Buyer, and each of its subsidiaries and affiliates, agrees to provide to Seller proper authorization necessary for Seller to request any financial information from third parties.
Buyer agrees to assume responsibility for, and Buyer hereby unconditionally guarantees payment of, as provided herein, all purchases made by Buyer, its subsidiaries and affiliates. Each of Buyer's subsidiaries and affiliates purchasing from Seller are jointly and severally liable for purchases with Buyer, and Buyer is also acting as agent for such subsidiaries and affiliates.
Buyer hereby grants to Seller a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Seller. Buyer agrees to file, and it permits and authorizes Seller to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Seller' lien or security interest.
Buyer agrees that any credit balance(s) issued by Seller will be applied to Buyer's account.
Prices stated are F.O.B. shipping, freight prepaid to destination specified in order. Seller charges a shipping and handling fee on each order which is applied at time of order and reflected on Buyer's invoice. Receipts for shipping and handling charges will not be furnished. Orders over $400 are shipped freight free. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, Buyer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by Buyer. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. If the product is damaged in transit, Buyer's only recourse is to file a claim with the carrier. Vendor drop-shipped products are excluded from our standard freight policy and the Buyer is responsible for freight on drop-ship products.
Buyer should contact Seller if not satisfied with a product for any reason. Seller will promptly provide an exchange or refund if the product is returned within one (1) year from date of purchase, unless otherwise indicated. Returned product must be in original packaging, unused, undamaged and in saleable condition with all accessories, manuals and warranties included. Proof of purchase is required for all returns.
SELLER WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF PURCHASE, UNLESS OTHERWISE STATED. PROVIDED THAT SELLER ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, SELLER MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY BUYER. SELLER' REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY BUYER FOR THE PRODUCT, SHALL BE BUYER'S SOLE AND EXCLUSIVE REMEDY.
EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY SELLER. SELLER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SELLER ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED TO THE EXTENT PERMISSIBLE. SELLER'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
To return a product during the Limited Warranty Period, Buyer must call 800-588-2808 for a return authorization number. Each return authorization number is valid for thirty (30) days. There is no restocking fee, except as otherwise noted below, if products are returned within the Limited Warranty Period in saleable condition, with manufacturer's original packaging unblemished and all accessories, manuals and warranties included. Please include a copy of the packing list or invoice with a reason for the return. Late returns and incomplete returns will incur a 15%, or higher, restocking fee. Seller reserves the right not to accept returns received after the expiration of the Limited Warranty Period.
For information on a specific manufacturer's warranty, please contact Seller 800-588-2808.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Seller does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Seller accept responsibility for construction, installation and/or use of a product. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
Product cross-reference comparisons do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Buyer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for Buyer's intended use.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Seller catalog, literature or websites does not constitute the right to purchase products. Seller reserves the right to revise publishing errors in its catalogs or any of its websites.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
Safety Data Sheets ("SDS") and Material Safety Data Sheets ("MSDS") for OSHA defined hazardous substances are prepared and supplied by the manufacturers. SELLER MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY BUYER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY SDS/MSDS. BUYER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
The State of California requires that certain warnings be given concerning products subject to Proposition 65. For products denoted with a 1 or 2 symbol the following warnings apply: 1 Warning: This product contains a product known to the State of California to cause cancer. 2 Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
Information on SDS/MSDS and Proposition 65 regulated products are available: (i) by contacting Seller, 300 N Madison St., P.O. Box 11008, Green Bay, WI 54307-1008 or (ii) by calling 800-558-2808 or faxing 800-553-8769. A complete list of Proposition 65 regulated chemicals is available by logging on towww.oehha.ca.gov.
Regulations in CA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not "lead free". The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.
It is Buyer's responsibility to advise Seller whether this order is funded in any part by funds from or related to the American Reinvestment and Recovery Act ("ARRA") (Pub. L. No. 111-5) (i.e., Stimulus Funds). Upon request, Seller will provide country of origin information so that Buyer may determine compliance with any applicable requirements under ARRA Section 1605 or any other applicable regulations.
If Seller and Buyer mutually agree to use an Electronic Data Interchange ("EDI") system to facilitate purchase and sale transactions, Buyer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Seller and Buyer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Seller regarding EDI purchases made by Buyer shall be deemed to be conclusive.
If Buyer elects to use a third party payment system provider ("Third Party Provider") and Seller is charged fees by the Third Party Provider, Seller reserves the right to seek reimbursement from Buyer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
Buyer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Seller, or any trademarks or service marks owned by suppliers to Seller. All materials contained on the www.imperialsupplies.com website are subject to the ownership rights of Seller and its suppliers. Buyer shall have no right to copy or use any of the intellectual property of Seller or its suppliers without Seller' permission.
Seller and Buyer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Buyer does not have the right to bind or otherwise obligate Seller in any manner, nor may Buyer represent to anyone that it has the right to do so.
Seller may procure product not available through the Seller catalog or available on www.imperialsupplies.com for a Buyer from other sources ("Sourced Product(s)"). Sourced Product is priced according to current market conditions on a per order basis, and is shipped F.O.B. shipping with freight and handling fee paid by Seller and charged to Buyer. Sourced Product may not be returned. SELLER' LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE BUYER'S SOLE REMEDY.
Seller may offer products manufactured or assembled to Buyers specifications ("Custom Product(s)"). Seller is not responsible for verifying or confirming the accuracy of specifications provided by Buyer to Seller for Custom Products. SELLER'S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE BUYER'S SOLE REMEDY, AND ALL OTHER WARRANTIES ARE DISCLAIMED UNDER SECTION 1.C. ABOVE. All Custom Products are sold on a "FINAL SALE" basis only, and no cancellations, returns, refunds or credits are allowed.
All product order cancellations, if not prohibited above, must be approved by Seller, and may be denied or subject to restocking fees and other charges.
Seller shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Seller in the conduct of its business.
Buyer shall not assign any order, or any interest therein, without the prior written consent of Seller. Any actual or attempted assignment without Seller' prior written consent shall entitle Seller to cancel such order upon notice to Buyer.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Delaware, excluding its conflict of law rules, and venue shall either be in the state or federal courts in New Castle County, State of Delaware.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
Seller' acceptance of any order is subject to Buyer's assent to all of the terms and conditions set forth herein. Buyer's assent to these terms and conditions shall be presumed from Buyer's receipt of Seller' acknowledgment, or from Buyer's acceptance of all or any part of the products ordered. No additions or modifications of Seller' terms and conditions by Buyer shall be binding upon Seller, unless agreed to in writing by an authorized representative of Seller. If a purchase order or other correspondence submitted by Buyer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Seller' acknowledgment, Seller' fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Buyer, and will not constitute a waiver by Seller of any of the terms and conditions contained herein or in Seller' acknowledgment.
The terms and conditions in: (i) Seller' forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between Buyer and Seller.
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, PERFORMANCE OF SERVICES WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS ("ADDITIONAL SERVICE TERMS").
Services may be performed by: (i) Seller, its employees and agents ("Seller Personnel"); (ii) Seller affiliates ("Seller Service Entities"); or third-party subcontractors ("Third-Party Providers"). For purposes of this Section II, Seller Personnel, Seller Service Entities and Third-Party Providers are each referred to as a "Service Provider" and each Service Provider, together with its personnel, is referred to as "Service Provider Personnel."
The terms and conditions contained in this Section II are extended solely by the specific Service Provider performing services, and any obligations contained in this Section II do not apply to any other Service Provider referenced in the foregoing paragraph. Depending upon the nature of the services provided, the applicable Service Provider may require Buyer to execute additional contractual documents prior to the performance of services.
In the event of a conflict between the Standard Terms and Conditions in Section I and the Additional Service Terms in Section II, the Additional Service Terms in Section II shall prevail for the performance of services.
ALL SERVICES WILL (i) BE PERFORMED IN A WORKMANLIKE MANNER; (ii) CONFORM TO THE SPECIFICATIONS (IF ANY) PROVIDED BY THE SERVICE PROVIDER IN A STATEMENT OF WORK; AND (iii) BE WARRANTED FOR A PERIOD OF NINETY (90) DAYS AFTER PERFORMANCE OF SERVICES ("LIMITED WARRANTY PERIOD"). IF SERVICES ARE IMPROPERLY PERFORMED AND BUYER NOTIFIES THE SERVICE PROVIDER OF THE IMPROPERLY PERFORMED SERVICE DURING THE LIMITED WARRANTY PERIOD, THEN THE SERVICE PROVIDER WILL RE-PERFORM THOSE SERVICES, IN WHOLE OR IN PART, AS NECESSARY TO CURE THE PARTICULAR BREACH, OR AT THE SERVICE PROVIDER'S SOLE OPTION, REFUND THE AMOUNT PAID BY BUYER FOR THE SERVICES DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH. THE SERVICE PROVIDER'S RE-PERFORMANCE OR REFUND OF AMOUNTS PAID BY BUYER FOR THE SERVICE DIRECTLY ATTRIBUTABLE TO THE PARTICULAR BREACH SHALL BE BUYER'S SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION II FOR SERVICES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE SERVICE PROVIDER DISCLAIMS, AND BUYER WAIVES, ALL OTHER WARRANTIES FOR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THE WARRANTIES SET FORTH IN THIS SECTION II ARE EXPRESSLY CONDITIONED UPON THE USE OF THE SERVICES FOR THEIR INTENDED PURPOSE AND SHALL NOT APPLY TO SERVICES WHICH HAVE BEEN SUBJECT TO MODIFICATION BY BUYER OR ANY THIRD PARTY.
THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IN THE PERFORMANCE OF SERVICES. THE SERVICE PROVIDER'S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE FOR THE PERFORMANCE OF THE PORTION OF SERVICES THAT GIVES RISE TO ANY PARTICULAR LIABILITY.
Except as otherwise agreed to by the parties, Buyer will be invoiced upon completion of services. Payment terms are net thirty (30) days from the date of invoice. All other payment terms are as set forth in Section I.A.4.
Either party may terminate the service agreement at any time and for any reason upon thirty (30) days' written notice to the other party. If terminated by Buyer, Buyer shall pay Service Provider an amount equal to the greater of (i) Ten percent (10%) of the total project cost quotation thereto (the "Total Project Cost"), or (ii) an amount equal to the Total Project Cost multiplied by the percentage completion for such project at the time the notice of termination is given, as determined by Service Provider.
Buyer shall defend, indemnify and hold harmless Service Provider and its respective officers, directors, employees, subcontractors and agents (each individually, an "Indemnified Party") from and against any and all any claims, suits, liabilities, damages, settlements, charges, taxes and any other losses or expenses (including reasonable attorneys' fees) (collectively "Liabilities") for physical injury to, illness or death of, any third party regardless of status and damage to or destruction of any tangible property which the third party may sustain or incur, to the extent such Liabilities relate to the services; except for such Liabilities relating to or arising out of a final judgment of gross negligence or willful misconduct of the Indemnified Party. In any action, suit or proceeding brought against an Indemnified Party by reason of any such claim as specified above, Buyer shall resist and defend such action, suit or proceeding by counsel of its choice, at the sole expense of Buyer, provided that (i) the Indemnified Party notifies Buyer promptly in writing of the claim; (ii) Buyer's counsel does not give rise to a conflict of interest with respect to the Indemnified Party; (iii) Buyer has the sole control of the defense and all related settlement negotiation but shall keep the Indemnified Party reasonably informed of status; and (iv) the Indemnified Party provides Buyer with all reasonably necessary assistance, information, and authority to perform the foregoing at Buyer's expense.
To the extent access to Buyer's premises is required, Buyer shall provide Service Provider Personnel access to Buyer's premises free of charge as necessary for performance of services supplied by Service Provider. Prior to starting any work at Buyer's premises, Buyer will: (i) provide documentation that identifies any existing hazardous materials, or dangerous or potentially dangerous conditions on or about Buyer's premises; and (ii) allow Service Provider Personnel, at its option, reasonable access to Buyer's premises to perform or have performed a visual site inspection. Service Provider will have no responsibility or liability for the actual existing conditions; or identifying, correcting or advising Buyer of existing conditions on Buyer's premises ("Pre-Existing Conditions"), and Buyer shall be responsible for and shall indemnify each Service Provider and each of the Service Provider Personnel from and against any Liabilities arising out of or relating to any Pre-Existing Conditions, regardless of whether previously disclosed to any Service Provider or Service Provider Personnel. Buyer shall not attempt to condition the right of Service Provider Personnel to obtain free access to Buyer's premises upon the signing of any agreement, waiver, or release which in any way purports to affect the legal rights or obligations of Service Provider or Service Provider Personnel. If any Service Provider Personnel signs such an agreement, waiver, or release, it shall be of no force and effect.
Buyer shall take all precautions, at all times, for the health and safety of Service Provider Personnel at Buyer's premises, including but not limited to identifying to Service Provider all hazardous materials or safety or health hazards to which Service Provider Personnel on Buyer's premises may be exposed; (i) providing to Service Provider Personnel for review, and instructing Service Provider Personnel regarding Buyer's safety practices; and (ii) proper and safe handling of, and protection of, Service Provider Personnel from exposure to hazardous materials or dangerous conditions. Buyer agrees to provide Service Provider Personnel with all safety health and other protections required by law for Buyer's own employees, including, without limitation, all protections required by federal, state and local laws, standards, regulations, orders and other requirements under OSHA, and similar workplace safety and health statutes and programs.
Buyer agrees that the Service Provider may subcontract the performance of services to third parties. Buyer authorizes the Service Provider to disclose all information to the subcontractor, including confidential information necessary for such performance of services by the subcontractor.
Buyer acknowledges and agrees that any advice, recommendation, information or work product provided to Buyer by Service Provider in connection with the services is for the sole use of Buyer and may not be relied upon by any third party; and Buyer is prohibited from making such advice, recommendation, information or work product available to any third party without prior written consent from Seller.
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF SELLER' PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF SELLER' PRODUCTS ("ADDITIONAL EXPORT TERMS"). IN THE EVENT OF A CONFLICT BETWEEN SELLER' STANDARD TERMS AND CONDITIONS IN SECTION I AND THE ADDITIONAL EXPORT TERMS IN SECTION III, THE ADDITIONAL TERMS IN SECTION III SHALL PREVAIL FOR EXPORT SALES OF SELLER' PRODUCTS.
Buyer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Seller. Buyer further consents that submission of its order shall subject Buyer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.
Seller is required to charge federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Buyer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, Buyer shall indicate which products are tax exempt.
Payment can be made by checks, money orders or wire transfer. All other payment terms are as set forth in Section I.A.4. Buyer agrees to inform Seller immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.
All Seller export orders are shipped under INCOTERMS® 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, default shipping term is FCA Seller shipping location, excluding export customs clearance. Freight is collect from any Seller facility. Buyer shall be responsible for obtaining insurance. At Seller' option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Buyer's exclusive remedy. Title and risk of loss for products shall pass when made available to Buyer on delivery to carrier in the U.S.; provided that if payment has not been made at the time of shipment, Seller shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Buyer's only recourse is to file a claim with the applicable airline, carrier, vessel and/or insurance company; provided, however, that if Seller has not received payment in full at the time the product is damaged in transit, Buyer shall be liable to Seller to make payment for the product, and Seller shall also, if Buyer fails to make payment, have the exclusive right to file a claim with the applicable airline, carrier, vessel and/or insurance company.
Buyer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security ("BIS") Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls ("DDTC") Debarred Parties List. Buyer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
It is specifically agreed that Buyer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Buyer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and Buyer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At Seller' request, Buyer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Buyer or its freight forwarder related to sales to Buyer by Seller.
Buyer is aware that Seller' business practices prohibit bribery and corrupt behavior in any form. Buyer agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act). Buyer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any government official for the purpose of influencing any act or decision in connection with the purchase and resale of the products ordered from Seller. Buyer shall not pay a gratuity, bribe or inducement to any government official, even if it appears customary or consistent with prevailing business practices.
Actions by Seller for non-payment by Buyer of the purchase price of products sold by Seller, or for redress of other breaches by Buyer of these terms and conditions, may be brought by Seller, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Seller' option, disputes between Buyer and Seller, including all claims for non-performance by Seller, shall be finally settled by arbitration in Brown County, Green Bay, Wisconsin, U.S., in accordance with the Commercial Arbitration Rules ("Rules") of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Delaware, U.S. The language of the arbitration shall be English.
Buyer represents that it is purchasing products from the U.S. and importing them to the country specified in the Buyer and Seller documentation. Buyer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by Buyer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Seller, Buyer shall provide documentation satisfactory to Seller verifying delivery at the designated country. Buyer further agrees to inform Seller at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Seller shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Seller expressly agrees to do so.
Buyer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Delaware, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Buyer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.
C.P.D Reg. No. – 19-11890
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the "Imperial Supplies LLC Property"), and the features at this Imperial Supplies LLC Property, are subject to these Terms of Access ("Terms"). The Imperial Supplies LLC Property is owned or controlled by Imperial Supplies LLC and its subsidiaries, divisions, affiliates, and brands ("collectively Imperial Supplies LLC"). By accessing this Imperial Supplies LLC Property in any way, including, without limitation, browsing this Imperial Supplies LLC Property, using any information, and/or submitting information to Imperial Supplies LLC, you agree to and are bound by the terms, conditions, policies and notices contained here (the "Terms"), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. From time to time we may update this Imperial Supplies LLC Property and these Terms. Your use of this Imperial Supplies LLC Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Imperial Supplies LLC may, in its sole discretion, and at any time, discontinue this Imperial Supplies LLC Property or any part thereof, with or without notice, or may prevent your use of this Imperial Supplies LLC Property with or without notice to you. You agree that you do not have any rights in this Imperial Supplies LLC Property and that Imperial Supplies LLC will have no liability to you if this Imperial Supplies LLC Property is discontinued or your ability to access the Imperial Supplies LLC Property or any content you may have posted on the Imperial Supplies LLC Property is terminated. By accessing or linking to this Imperial Supplies LLC Property, you assume the risk that the information on this Imperial Supplies LLC Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Imperial Supplies LLC Property at any time, without notice and without liability. All information provided on this Imperial Supplies LLC Property is subject to change without notice. Due to the open nature of this Imperial Supplies LLC Property, and the potential for errors in the storage and transmission of digital information, Imperial Supplies LLC does not warrant the accuracy of information obtained from this Imperial Supplies LLC Property.
Access to this Imperial Supplies LLC Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Imperial Supplies LLC computer system or other information contained on the system for any purposes is strictly prohibited.
Content on this Imperial Supplies LLC Property that is provided by Imperial Supplies LLC or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Imperial Supplies LLC Content") is the property of Imperial Supplies LLC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display or use any Imperial Supplies LLC Content located on the Imperial Supplies LLC Property for use in any publications, in public performances, on websites other than this Imperial Supplies LLC Property for any unpermitted commercial purpose, in connection with products or services that are not those of Imperial Supplies LLC, in any other manner that is likely to cause confusion, that disparages or discredits Imperial Supplies LLC and/or its licensors, that dilutes the strength of Imperial Supplies LLC’s or its licensor's intellectual property, or that otherwise infringes Imperial Supplies LLC’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies) . You further agree to in no other way misuse any Imperial Supplies LLC Content or User Content that appears on this Imperial Supplies LLC Property. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
The following requirements apply to your use the Imperial Supplies LLC Property: (a) you will not use any electronic communication feature of the Imperial Supplies LLC Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Imperial Supplies LLC Property for any commercial transactions that are unrelated to the purposes for which the Imperial Supplies LLC Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. From time to time on certain areas of the Imperial Supplies LLC Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Imperial Supplies LLC; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Imperial Supplies LLC, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Imperial Supplies LLC Property, or feature of the Imperial Supplies LLC Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Imperial Supplies LLC Property or features therein. Imperial Supplies LLC may cancel your account and delete all User Content associated with your account at any time, and without notice, if Imperial Supplies LLC deems that you have violated these Terms, the law, or for any other reason. Imperial Supplies LLC assumes no liability for any information removed from our Imperial Supplies LLC Property, and reserves the right to permanently restrict access to the Imperial Supplies LLC Property or a user account. By displaying, publishing, or otherwise posting any User Content on or through the Imperial Supplies LLC Property, you hereby grant to Imperial Supplies LLC a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Imperial Supplies LLC Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Imperial Supplies LLC or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Imperial Supplies LLC receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Imperial Supplies LLC’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Imperial Supplies LLC’s use of any similar Ideas, whether based on your User Content, provided to Imperial Supplies LLC by third parties, or independently developed or considered by Imperial Supplies LLC, shall be without obligation to you. Imperial Supplies LLC does not warrant the accuracy of information obtained from this Imperial Supplies LLC Property. Imperial Supplies LLC does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on the User Content will be at your own risk and you are solely responsible for any such use or reliance.
You agree to indemnify and hold Imperial Supplies LLC, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Imperial Supplies LLC or this Imperial Supplies LLC Property.
Imperial Supplies LLC makes no representations about the reliability of the features of this Imperial Supplies LLC Property, the Content, User Content, or any other Imperial Supplies LLC Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Imperial Supplies LLC makes no representations regarding the amount of time that any Content or User Content will be preserved. Imperial Supplies LLC does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Imperial Supplies LLC without the prior review and written approval of Imperial Supplies LLC.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IMPERIAL SUPPLIES LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF ORINABILITY TO USE THIS SITE, NOR SHALL IMPERIAL SUPPLIES LLC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND IMPERIAL SUPPLIES LLC’Sâ„¢ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ANEGLIGENT ACT, WILL IMPERIAL SUPPLIES LLC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROMTHE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF IMPERIAL SUPPLIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
This Imperial Supplies LLC Property may be linked to other sites which are not maintained by Imperial Supplies LLC. Imperial Supplies LLC is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Imperial Supplies LLC of the linked sites. Imperial Supplies LLC disclaims any liability for links: (i) from another site to the Imperial Supplies LLC Property and (ii) to another site from the Imperial Supplies LLC Property. In order to link to the Imperial Supplies LLC Property all users must comply with the Imperial Supplies LLC.
One or more patents and pending applications for patent owned by Imperial Supplies LLC apply to this Imperial Supplies LLC Property and to the features and services accessible via the Imperial Supplies LLC Property. United States Patent Numbers: 7,313,536; 7,343,326; 7,212,976.
Revised February 2013
HOW DO WE USE PERSONAL INFORMATION AND HOW IS IT COLLECTED?
We collect many categories of personal information. The categories we collect may include: Contact and profile information; comments and suggestions, chat and opinions; Payment and transaction information; Location information; Information provided by social networks; Information provided by third parties; Information about fraudulent or criminal activity related to your account.
This personal information is collected from you in many ways, which are described in the full Policy. A few examples include:
We may link or combine information that we collect about you from various sources to help ensure a consistent user experience regardless of how you interact with us – online, in-branch, on mobile, or on social media.
To Learn More about the information we collect and how we use it, or see our full Policy.
HOW DO WE SHARE INFORMATION?
We share information in a variety of circumstances to provide our services, respond to your requests, improve your experience, and otherwise conduct our business. For example, we may share information:
To Learn More about these and other ways in which we may share your personal information, please see our full Policy.
WHAT CHOICES DO YOU HAVE?
We want you to understand your choices regarding how we may process your personal information. Depending on how you use the Service, these choices may include the following:
California residents click here to learn how we process information in accordance with California law.
1. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?
2. INFORMATION AUTOMATICALLY COLLECTED THROUGH COOKIES AND OTHER TRACKING TECHNOLOGY.
3. HOW WE SHARE YOUR INFORMATION
4. YOUR CHOICES AND CONTROL OVER YOUR INFORMATION
5. THIRD PARTY DATA COLLECTION AND INTEREST BASED ADVERTISING.
6. HOW WE STORE AND PROTECT YOUR INFORMATION
7. CHILDREN’S PRIVACY
8. STATE-SPECIFIC DISCLOSURES
9. LINKS TO OTHER WEB SITES AND SERVICES
10. HOW TO CONTACT US
1. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE USE IT?
We collect personal information about you when you voluntarily submit information to us when you use our Service. This can include information you provide to us when you register for an account, make a purchase, post a review, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, participate in a survey, click on an ad, redeem a promotion or use some other feature of our Service.
We collect certain information automatically when you use the Service, such as information about the pages you look at on our Service, the actions you take on our Service or the device you use to access our Service.
We may also collect information about you from third parties.
For example, the types of personal information we collect may include:
Keep reading to learn more about the information we collect and how we use it.
The list below sets out the types of personal information we collect about you and how we use that information.
All personal information: We will use the personal information we collect to operate, maintain and provide to you the features and functionality of the Service, to communicate with you via phone, email, SMS text or social media, to monitor and improve our Service and business, and to help us develop new products and services.
If you choose not to provide personal information, we may not be able to provide you with requested products, services or information.
Cross-Context Information. We may link or combine your activities and information collected from you on our websites and mobile apps with your in-branch purchases and information we receive from third parties, as well as information we collect automatically through tracking technologies. This allows us to provide you with a personalized experience regardless of how you interact with us – online, in-branch, on mobile or social media.
2. INFORMATION AUTOMATICALLY COLLECTED THROUGH COOKIES AND OTHER TRACKING TECHNOLOGY.
When you use our Service, visit our branches, read our emails, or otherwise engage with us through a computer or mobile device, we and our third party partners, automatically collect information about how you access and use the Service and information about the device you use to access the Service.
We use this information to enhance and personalize your user experience, to monitor and improve our websites and services, and for other internal purposes.
We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”).
Information we collect automatically about you may be combined with other personal information we collect directly.
Keep reading to learn more about the types of information we automatically collect and for what purpose.
We and our third party partners use tracking technologies to automatically collect usage and device information, such as:
We, or the third party partners we use, may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) perform analytics and detect usage patterns on our Service; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise to plan for and enhance our service.
Your choices to control tracking technologies. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.
Blocking or deleting cookies may negatively impact your experience using the Service, as some features and services on our Service may not work properly.
Depending on your mobile device and operating system, you may not be able to delete or block all tracking technologies
You may set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you viewed or engaged with our emails.
Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects - including how to manage privacy and storage settings for Flash cookies – on Adobe’s website or by clicking here. If you choose to delete Flash objects from our Service, then you may not be able to access and use all or part of the Service or benefit from the information and services offered.
Do Not Track. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
To learn more about how we and our third party partners use information for online advertising purposes, please see Third Party Data Collection and Interest Based Advertising below.
3. HOW WE SHARE YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
We may share your personal information with the following parties:
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you.
4. YOUR CHOICES AND CONTROL OVER YOUR INFORMATION
Profile and data sharing settings: You may update your profile information, such as your user name, address, or billing information, and may change some of your data sharing preferences on your Account Page.
How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices). If you receive SMS text messages, you may opt-out at any time by replying STOP or following the instructions in the text message communication.
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can submit a request directly at email@example.com or through our Privacy Portal. In addition, if you may also contact Customer Service. We may not be able to modify or delete your information in all circumstances.
Geolocation and in-branch location: You may control location tracking by adjusting your location services settings on your mobile device. We may continue to approximate your location based on your IP address when you access the Service through a computer or device.
5. THIRD PARTY DATA COLLECTION AND INTEREST BASED ADVERTISING.
We engage in interest-based advertising and permit third party online advertising networks, social media companies and other third party services, to collect information about your use of our websites and mobile apps over time so that they may play or display ads on our Service, on other websites, apps or services you may use, and on other devices and advertising channels you may use. We may also use third party services to collect information about your browser or device, or your online activity on our Service so that we may enhance or personalize your experience, better understand the demographics of our users and how they interact with our Service, evaluate the success of our marketing campaigns, track reporting, referrals and attribution, and similar activities.
User Experience Information.
On some of our Services, we use third party tools to monitor user experience information. These tools automatically collect usage information, including mouse clicks and movements, page scrolling and any text keyed into website forms. The information collected does not include passwords, payment details, or other sensitive personal data. We use this information for site analytics, optimization and to improve website usability. We do not permit this information to be shared with or used by third parties for their own purposes.
Keep reading to learn more about the types of information we and our third party partners collect for interest-based advertising and your choices.
Interest Based Advertising
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site and other information. We may share a common account identifier (such as an email address or user ID) with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
We, or our third party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Service. We may also work with third party partners who employ tracking technologies, or the application of statistical modeling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third party advertising partners to help recognize you across devices. Our partners may combine this information with information they collect directly or receive from other partners, both online and offline, so that they may recognize your device across different channels and platforms, including computers, mobile devices and smart TVs. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices and advertising channels, to perform analytics and to measure the performance of our advertising campaigns.
Your Choices and Control Over Cookies, Tracking and Interest-Based Advertising Preferences
Social Media Widgets and Advertising
Our Service may include social media features, such as the Facebook Like button, Google Plus, LinkedIn, Snapchat, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, LinkedIn and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Service while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks. For example:
Third party partners.
The following is a sample of the third party service partners we work with to provide cross-device linking and/or advertising services. We will strive to update this list if or when we work with new partners which offer you a choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
Google Analytics and Advertising. We use Google Analytics and Google Universal Analytics to recognize you and link the devices you use when you visit our site or Service on your browser or mobile device, login to your account on our Service, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google Universal Analytics to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://adssettings.google.com/ or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
Google Advertising. To learn more about your ad settings through Google, click here.
6. HOW WE STORE AND PROTECT YOUR INFORMATION
Adobe Experience Cloud. We participate in the Adobe ExperienceCloud to better understand how you use our website and apps across the various devices you use, and to deliver tailored content and advertisements. Go to https://www.adobe.com/privacy/opt-out.html#customeruseto learn more about how Adobe links your devices and to manage your choices relating to this linking of devices.
Data storage and transfer: Your information collected through our website may be stored and processed in the United States or any other country in which Grainger or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Keeping your information safe: Security of your information is very important to us, and we have put in place safeguards to preserve the integrity and security of information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
7. CHILDREN’S PRIVACY
Imperial does not knowingly collect or solicit any information from anyone under the age of 13 on this Site. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information. If you believe that we might have any information from a child under 13, please contact us at firstname.lastname@example.org.
8. STATE-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain states. Please refer below for disclosures that may be applicable to you:
9. LINKS TO OTHER WEB SITES AND SERVICES
The Services may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
10. HOW TO CONTACT US
Effective date: May 15, 2022.