Effective July 15, 2020
Terms and Conditions of Sale
The purchase of products on the Website are subject to the TCS, which shall be binding upon you upon submission of any purchase order.
The Company has endeavored to post accurate information and other materials on the Website. However, there may be information on the Website that contains typographical errors or omissions or other incorrect information, including, without limitation, product descriptions, pricing, promotions, offers and availability. Further, there may be photographs and other materials that do not represent the true color or other depiction of the item. The Company reserves the right, at any time, to correct or update any errors, omissions or other incorrect information or photographs and other materials and to cancel purchase orders based thereon without notice to you.
This Website contains materials, such as names, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company or its suppliers or licensors. Nothing in this Website should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark, service mark or trade dress used in this Website, in any manner whatsoever. Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another website as a part of a link to this Website, without the express written permission of the Company, is strictly prohibited.
This Website may contain links to third-party blogs, websites, wikis, file sharing, user generated audio or video, virtual worlds, social networks, or any other form of online publishing or discussion (collectively “Social Media”), such as Facebook®, LinkedIn®, Twitter®, YouTube® and/or Instagram®. The Company makes its Social Media pages available on any such sites for informational purposes only. Your use of the Company’s pages on Social Media sites is subject to the guidelines and disclaimers posted by the Company on such sites, if any. The Company does not own these Social Media sites and is not responsible for any virus, bugs, cookies, tracking devices or other problems resulting from your use of them.
This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Forums”). You agree to use the Communication Forums only to post, send and receive messages and material that are proper and related to the particular Communication Forum. By way of example, and not as a limitation, you agree that when using a Communication Forum and the Website, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents, (d) upload files that contain viruses, corrupted files or any other similar software or programs that may damage this Website or the operation of another's computer, (e) advertise or offer to sell or buy any goods or services for any business purpose, (f) conduct or forward surveys, contests, pyramid schemes or chain letters, (g) download any file posted by another user of a Communication Forum that you know, or reasonably should know, cannot be legally distributed in such manner, (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (i) restrict or inhibit any other user from using and enjoying the Communication Forums, (j) violate any code of conduct or other guidelines which may be applicable for any particular Communication Forum, (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent, or (l) violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Forums. However, the Company reserves the right to: (1) review materials posted to a Communication Forum and to edit, refuse to post or remove any information or materials, in whole or in part, in its sole discretion, (2) terminate your access to any or all of the Communication Forums at any time without notice for any reason whatsoever, and (3) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Forum. The Company does not control or endorse the content, messages or information found in any Communication Forum. The Company specifically disclaims any liability with regard to the Communication Forums and any actions resulting from your participation in any Communication Forum. Managers and hosts on any Communication Forum are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Forum may be subject to limitations on usage, reproduction and/or dissemination as determined solely by the Company. You are responsible for adhering to such limitations if you download any materials.
Any remarks, suggestions, ideas or other non-personal information or materials communicated to the Company through this Website will be considered non-confidential. By providing such information or materials to the Company, you hereby grant the Company a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials. Any information or materials provided without this authorization may not be submitted to the Company. By providing such information or materials to the Company, you warrant and represent that you own or control all of the rights to such information or materials, including, without limitation, all rights necessary to submit such information or materials to the Company. Children under the age of 18 are not permitted to submit any information to this Website, including, but not limited to, any personally identifiable information.
No information or materials submitted to this Website may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; or (f) any advertisements or solicitations for business.
The Company may make employment information or opportunities available on this Website. The Company is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, disability, sexual orientation or any other classification protected by applicable law. The inclusion of any employment information or opportunity on this Website does not create any employment relationship, express or implied, between you and the Company.
You understand that any unencrypted information or materials transmitted by you to the Website, in whatever form, may not be secure as it involves various networks and communication lines. The Company does not guarantee that any information or materials submitted by you to the Website will be or remain confidential. The Company assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet or the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Website; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Website or the downloading of any materials from the Website.
THIS WEBSITE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS OR CONTENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEBSITE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.
Representations and Warranties.
You agree that you will not and will not attempt to: (a) access the Website by any means other than through the interfaces that are provided by the Company; (b) gain unauthorized access to any computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Website or any networks or computer systems; (c) access the Website through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools); (d) reproduce, duplicate, copy, sell, trade, or resell any materials from the Website for any purpose; (f) upload, post, or otherwise transmit, through the Website, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation; (g) stalk, harass or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity.
Modifications and Revisions
Procedure for Making Infringement Claims
The Company respects the intellectual property rights of others and demands that those who visit or use the Website do the same. If you believe your intellectual property rights have been violated in any way by the Company or the Website, pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the Company a written (not email) notice to its designated agent containing the following information:
1. The signature of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed;
2. A description of the intellectual property you claim has been infringed upon;
3. A description on the content you claim is infringing and where it appears on the Website;
4. Your contact information, i.e. you name, address, telephone number, and email address;
5. A statement that the owner has a good faith belief that use of the allegedly infringing content is not authorized by the owner of the intellectual property, its agent, or the law; and
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The Company’s designated Agent for DMCA notification of infringement is as follows:
Old Reliable Wholesale Company dba CC Supply
250 South Van Buren Avenue
Barberton, Ohio 44203
Phone: (330) 753-7718
Attn: Tony Crookston
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Website Accessibility Statement
Accessibility Assistance. Alternate Method.
If you encounter difficulty using or accessing any element of the Website, please call us at 330-753-7718 or email us at firstname.lastname@example.org and we will work with you to provide the information or product you seek through an alternate communication method that is accessible for you consistent with applicable law (through telephone support). Customer service representatives are also readily available in our stores located at 250 South Van Buren Avenue, Barberton, Ohio 44203, at 1330 Devalera Street, Akron, Ohio 44310 or 1009 West Old Lincoln Way, Wooster, Ohio 44691.
Goal of Accessibility for All
We desire to provide you a positive experience visiting our Website and we aim to promote accessibility and inclusion. Whether you are using assistive technologies, such as voice recognition software or captions for videos, a screen reader, or a magnifier, our goal is to make your use of our Website as successful and enjoyable as possible.
We are actively devoting resources and taking a wide range of actions to enhance the accessibility of our Website. The following examples are listed below:
- Working with our Website platform company to review our Website for accessibility in relation to Web Content Accessibility Guidelines (WCAG).
- Approaching an outside web firm with experience and skills pertaining to accessibility
- Creating a statement that promotes accessibility
- Allowing for keyboard navigation
- Including captions for video content
- Offering alternate methods of doing business and communication, such as through our brick and mortar stores and through telephone communications
- Reviewing our website periodically to test accessibility
- Requesting feedback and suggestions from our customers on how we can improve our accessibility
- Providing employee training regarding any accessibility issues
- Working with our third party technology suppliers to promote the accessibility of all third party components of our technology environment
Although we are proud of the efforts that we have completed and that are in progress, we view accessibility as an ongoing effort.
Please contact us at 330-753-7718 or email@example.com if you have any feedback or suggestions as to how we could improve the accessibility of our Website.
Arbitration/Class Action Waiver
ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION. ANY ARBITRATION HEARING SHALL BE HELD IN SUMMIT COUNTY, OHIO, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS OR DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. THE ARBITRATOR'S AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS OR DISPUTES BETWEEN YOU AND THE COMPANY ALONE. CLAIMS OR DISPUTES MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. NO ARBITRATION AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.