Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to Tarps Now®, where we provide information, goods and services to you subject to the following conditions. If you visit, download information, shop or purchase by or through the TarpsNow.com website (hereinafter referred to as “Site”, "Tarps Now", "TarpsNow.com" or "Tarps Now®" ), you hereby accept and are legally bound by all of these terms and conditions for the use of this Site. Please read them carefully.
By using this website located at TarpsNow.com ("Site"), you signify your Agreement to all terms, conditions and notices contained or referenced (hereinafter referred to as “Site Use Agreement”).
If you do not agree with any of the terms and conditions of this Site Use Agreement, please do not use this Site.
Tarps Now® reserves the right to, as determined in our sole discretion, to update or revise any terms or conditions herein at anytime. Please check the Tarps Now® Site Use Agreement periodically for changes.
If you use the Tarps Now® Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account or password.
Tarps Now® sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a duly authorized parent or guardian.
Tarps Now® reserves the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Specific to the offering for sale, purchase, delivery and use of Tarps Now® goods or services, Tarps Now® does not employ or operate any office, sales room, sales agents, warehouses or other place of business other than those exclusively located within the State of Michigan, with respect to the sale or delivery of goods or services offered hereby. Neither does Tarps Now® allow or permit, the temporary or permanent employment or services of agents, affiliates, affiliate partners or similar such third parties, either directly, or indirectly, in the sales of goods or services from any other state than that of Michigan.
At the time of your submission of any bona fide offer of purchase, or any other form of purchase of goods or services from Tarps Now®, you hereby agree to complete any such offer or purchase, with ownership of such goods or services thereby accepted by you following any sale or shipment of such goods or services. At the time of any sale or offer of purchase, whether by telephone, website or other forms of electronic communications, your contemporaneous agreement to pay for such goods and services prior to delivery is hereby expressly agreed to. Your failure to honor any offer of sale accepted by Tarps Now®, or any failure to complete any transaction made in good faith with Tarps Now®, thereby constitutes a breach of contract subject to adjudication in any Court of competent jurisdiction selected in the sole discretion of Tarps Now®.
Tarps Now® engages in the lawful sale of goods and services exclusively within the State of Michigan, and does not hire or employ any third party sales or delivery representative operating in any other state for the purpose of taking your orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, deriving rentals, selling, warehousing and delivering goods or services, either directly or indirectly, whether by employees, agents or representatives, in any state except in Michigan.
Please review our Privacy Notice, which also governs your Tarps Now® Site use to best understand our practices.
When you visit the Tarps Now® Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically without limitation. We will communicate with you by e-mail, or by posting notices on this Site. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without any limitation.
LICENSE AND SITE ACCESS
Use of the Tarps Now® Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify any portion of it, except with express written consent of AAS Industries Corp, a Michigan corporation (also referred to herein as "Tarps Now®" or the "Company").
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site, or otherwise created, authorized or reproduced by Tarps Now®, or it's affiliated websites, without our express written consent.
Further, you may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Tarps Now® trade name, or any derivative names or marks, without the express written consent of the Company.
Any unauthorized Site Use terminates the permission or license granted by the Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Tarps Now® Site, or it's affiliated websites, only so long as the link does not portray Tarps Now®, or any affiliated websites owned or controlled by the Company, or its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic or trademark developed, owned or controlled by the Company, as part of the link, or otherwise, without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by AAS Industries Corp., a Michigan Corporation, (as otherwise referred to herein as "we," "us," "our", Tarps Now, Tarps Now®, or the "Company" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Tarps Now® only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of our copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.
Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Tarps Now®.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement.
Tarps Now® reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Tarps Now® retains full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable or machine readable form, without the exclusive written permission of Tarps Now®, as duly evidenced by the signature of an authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information onthe Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tarps Now® reserves the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tarps Now® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant Tarps Now® the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Tarps Now® for any and all claims resulting from content you post or supply.
Tarps Now® has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility or assumes any liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS AND GLOBAL SALES POLICY
Tarps Now® attempts to be as accurate as possible in creating product or services descriptions. However, Tarps Now® does not warrant the merchant-ability or fitness of any product, product description, services descriptions, nor any other content of this Site as accurate, complete, reliable, current, or error-free. All products are offered and sold on an as-is basis, and all sales are final.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCTS AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. TARPS NOW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. TARPS NOW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TARPS NOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT TARPS NOW), WILL ASSUME THE ENTIRE COST OF ANY AND ALL DISCOVERY ACTIVITIES AND RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY.
LIMITATION OF LIABILITY
In no event will Tarps Now® be liable to any party for any claim, injury or cause of action related to the purchase or use of any of its products or services, including, but not limited to, those of your state or local taxing authorities, for any direct, indirect, special, incidental or consequential claims, injuries, causes of action, fees, taxes, penalties or damages for any losses associated with the products and services obtained by and through Tarps Now®, or the Use of the Site, the purchase and use of goods or services, or for any textual information, images, data, files, software or materials found within the Site, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Tarps Now® is expressly advised of the possibility of such claims, injuries or damages, if any.
RISK OF LOSS
Any and all items purchased from Tarps Now® or related or affiliated online venues owned or controlled by Tarps Now®, are made pursuant to a third party shipment for the delivery of your items. This means that that any and all damages, risk of loss and title associated with such items pass to you upon our depositing your goods with your designated shipping carrier. To the extent you receive goods or services from Tarps Now®, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Tarps Now®, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Tarps Now®, of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Tarps Now®, and is protected by United States and international copyright laws.
The compilation of all content on this Site is also the exclusive property of Tarps Now®, which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, Tarps Now®, together with its successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Tarps Now®.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Tarps Now®, which shall not be used in any manner or form without the express written consent of a duly authorized officer of Tarps Now®.
PROHIBITED USES OF SITE
Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site or its content, for any purpose prohibited herein, or accessing or purchasing goods or services for purposes of decompiling the intellectual property of Tarps Now®, as a result of Use of the Site.
Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Tarps Now® harmless for any and all losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any Prohibited Site Use of any information, photos, images, data, pages, goods or services obtained through the Use of the Tarps Now® website, or any affiliated website owned or controlled by Tarps Now®.
It is explicitly understood that Tarps Now® hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any Commercial Entity or private individual violating the provisions of this Site Use Agreement or any other form of Prohibited Site Use, through a Court of Competent jurisdiction so selected by Tarps Now®, without imposition of bond, at any time.
Tarps Now® further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the prohibited Use of the Site, (ii) any alleged act or acts deemed to constitute disparagement or tortuous business interference, or, (iii) any other contractual breach deemed to in any way harm Tarps Now® ability to engage in commerce, or to sell any goods or services.
Tarps Now® further reserves the sole and exclusive right to select binding Arbitration under the Terms and Conditions of this Site Use Agreement. If selected by Tarps Now®, Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Tarps Now®.
SALES TAXES, APPLICABLE LAW AND SEVER-ABILITY
Tarps Now® conducts its business exclusively from its headquarters located in Stevensville, Michigan. As a resident business of the State of Michigan, Tarps Now® reserves the right to collect Michigan Sales Taxes in connection with deliveries made within the State of Michigan.
By visiting or purchasing from Tarps Now®, you agree that the laws of the State of Michigan, without regard to principles of conflict laws, will govern the terms and conditions of Site Use, and any dispute of any sort that might arise between you and Tarps Now®. In addition, you hereby agree that as a customer of Tarps Now® not residing in the State of Michigan, you shall be exclusively responsible for any and all applicable sales, use, local, vat tax, or any such similar taxes. You further agree to timely remit any such payment to state or local taxing authorities, as applicable.
If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed sever-able, and shall not affect the validity and enforce-ability of any remaining condition.
Tarps Now® controls the Site and other wholly owned websites from its offices in Stevensville, Michigan, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to any alleged breach of contract, or your access to, or Use of, the Site or its materials, shall be governed by applicable U.S. Federal la,w or the laws of the State of Michigan, as set forth herein. In the event of any legal action arising here-under, you also agree that Tarps Now® reserves the exclusive right to submit such legal actions within any jurisdiction and venue it so chooses, including, but not limited to, any Arbitration forum, Federal or State Court, as exclusively selected by Tarps Now® pursuant to this Agreement.