WEBSITE TERMS OF USE

Effective July 15, 2020

Welcome to www.ccsupply.com (the “Website”).  Your use of this Website is subject to these Website Terms of Use and our separate Privacy Policy (the “Privacy Policy”).  You should carefully read these Website Terms of Use and Privacy Policy before using this Website.  If you desire to purchase products from the Website, your purchase is subject to the Terms and Conditions of Sale (“TCS”) posted on the Website.  By using the Website, you agree to be bound by and accept these Website Terms of Use and Privacy Policy and agree and acknowledge the terms and conditions stated herein and therein. By purchasing products on the Website, you agree to be bound by and accept the TCS and agree and acknowledge the terms and conditions stated herein and therein.  If you do not agree to these Website Terms of Use and the Privacy Policy, do not use this Website and if you don’t agree with the TCS, do not purchase products on this Website.  This Website is the sole property of Old Reliable Wholesale Company, an Ohio corporation, doing business as CC Supply (the “Company,” “we,” “our,” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Website Terms of Use and the Privacy Policy.  You agree not to use this Website in any manner which could damage, disable, overburden, or impair this Website or which would interfere with any other party’s use of this Website.  You hereby assume all risks associated with the use of this Website and should not rely upon any content or materials on this Website (the “Content”) for any reason whatsoever.  By using this Website, you certify that you are 18 years of age or older.

Login Account

In order to purchase products or access certain content on the Website, you may be asked to register and create a website account.  As part of the registration process, you may be asked to click to agree to these Website Terms of Use and the Privacy Policy, as well as the TCS, and may be asked to submit certain personal information, including your name, e-mail address, credit card information, login identification and password.  All personal information will be maintained by the Company in accordance with its Privacy Policy.  You are responsible for ensuring that your login identification and password are kept confidential and secure at all times, as you will be responsible and liable for any misuse of your account. You agree to accept responsibility for all activities that occur under your login identification and password.   Further, you represent that the personal information submitted by you on the Website is accurate and complete and you are responsible for updating such information in the event any of it changes.  The Company reserves the right, in our sole discretion, to terminate or suspend your account at any time and for any reason.

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. 

Website Content

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.

Trademarks

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.

Copyright

The Content provided on this Website is subject to the ownership rights of the Company and/or its suppliers or licensors.  Any use of the Content on this Website without the consent of the Company is strictly prohibited. Except as otherwise provided in these Website Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or other information, photographs, materials, products or services from this Website. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law. 

Social Media

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.

Communication Forums

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.

Submissions

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.

Links

This Website may contain links to other websites not owned, controlled or maintained by the Company, either through a link, redirect, plug-in, integrated application or other technology.  These links are provided solely for your convenience and to allow you to access other websites containing legal and other information.  The Company does not have control over and is in no manner responsible for any content or materials on the linked websites or the availability of these linked websites.  The inclusion of any link to another website does not imply any endorsement, association or affiliation by the Company of the linked website or any products, services or other materials provided on the linked website.  The Company encourages you to read the Terms of Use and Privacy Policy of any linked website.   The Company prohibits any other website from providing a link to this Website, including, but not limited to, the use of the Company’s trademarks and service marks to indicate any such link, without the express written consent of the Company.

Employment

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.

Confidentiality                                             

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.

Disclaimer

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.

Indemnification

By using this Website, you agree to defend, indemnify, and hold harmless the Company, its shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any and all claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, arising from, in connection with, or in any way relating to your use or misuse of this Website or breach of the Privacy Policy or the TCS.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Representations and Warranties

By using the Website, you hereby represent and warrant to the Company that: (a) these Website Terms of Use, the Privacy Policy and the TCS are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (b) you have full authority to enter into the Website Terms of Use, the Privacy Policy and the TCS and you do not require the approval or consent of any third party; (c) your use of, and purchase of products on, the Website  will be in accordance with these Website Terms of Use and the Privacy Policy and any and all applicable laws and regulations ; and (d) you are 18 years of age or older.

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

The Company may, in its sole discretion, modify or revise these Terms of Use, the Privacy Policy and TCS at any time, without direct notice to you.  Any changes or revisions will be posted on the Website.  Further, the Company may update, change or remove any content from the Website at any time, including, without limitation, any order history of purchases made by you.  Accordingly, you should visit this Website periodically to review the Polices.

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 info@ccsupply.com 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.

Actions

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:

  1. Working with our Website platform company to review our Website for accessibility in relation to Web Content Accessibility Guidelines (WCAG).
  2. Approaching an outside web firm with experience and skills pertaining to accessibility
  3. Creating a statement that promotes accessibility
  4. Allowing for keyboard navigation
  5. Including captions for video content
  6. Offering alternate methods of doing business and communication, such as through our brick and mortar stores and through telephone communications
  7. Reviewing our website periodically to test accessibility
  8. Requesting feedback and suggestions from our customers on how we can improve our accessibility
  9. Providing employee training regarding any accessibility issues
  10. Working with our third party technology suppliers to promote the accessibility of all third party components of our technology environment

Ongoing Effort

Although we are proud of the efforts that we have completed and that are in progress, we view accessibility as an ongoing effort.

Feedback

Please contact us at 330-753-7718 or info@ccsupply.com if you have any feedback or suggestions as to how we could improve the accessibility of our Website.

Attorney Fees 

In the event of a dispute between you and the Company regarding any claim arising out of your use of the Website, the Privacy Policy or the TCS, the Company, if it prevails, shall be awarded all costs of bringing or defending a claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute, including, without limitation, all arbitration related fees and expenses.

Arbitration/Class Action Waiver

ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THESE WEBSITE TERMS OF USE, THE PRIVACY POLICY OR THE TCS AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE SUMMMIT COUNTY, OHIO PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE THREE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF.  UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.

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.

General Provisions

The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of this Website and the terms of the Privacy Policies and TCS shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions.  The sole jurisdiction for any arbitration or legal proceedings arising out of your use of this Website or any provision in the Privacy Policy or TCS shall be the state and federal courts covering Summit County, Ohio.  Use of this Website is only intended within the United States of America.  Any access to this Website from outside the United States is done at your own risk and you are responsible for compliance with applicable law.  The failure of the Company to exercise any right under these Website Terms of Use, the Privacy Policy or the TCS will not operate as a waiver of such right.  Any waiver by the Company of a breach of any provision of the Website Terms of Use, Privacy Policy or TCS shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision thereof.  If any one or more of the provisions contained in the Website Terms of Use, Privacy Policy or TCS shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, neither Website Terms of Use, Privacy Policy nor TCS nor any provision therein shall be rendered null and void and shall not be affected or impaired.  The Website Terms of Use and Privacy Policy and TCS, with respect to the purchase of products on the Website, contain the entire agreement between you and the Company with respect to the use of this Website and hereby supersedes all previous agreements with respect to the use of this Website.  Your use of this Website shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company. Use of this Website is not authorized in any locality, state or country that does not give full effect to all provisions of the Website Terms of Use, Privacy Policy or TCS.

Contact Us

If you have any questions or comments regarding the use of this Website, the Privacy Policy or the TCS, you may contact the Company by mail at 250 South Van Buren Avenue, Barberton, Ohio 44203, by phone at 330-753-7718 or by email at info@ccsupply.com.  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments. Please note that the Company cannot give legal advice and no discussions or correspondences with the Company should be construed as such.