Terms and Conditions

Terms of Use and Conditions of Sale

Welcome to EarthLinks, Inc. EarthLinks, Inc. (“EarthLinks”) provides website features to you subject to the following conditions. If you visit or shop at earthlinks-colorado.org, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to earthlinks-colorado.org, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit earthlinks-colorado.org or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EarthLinks or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EarthLinks and protected by U.S. and international copyright laws. All software used on this site is the property of EarthLinks or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

EarthLinks grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EarthLinks. 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 or 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 EarthLinks. You may not frame or utilize framing techniques to enclose any logo, or other proprietary information (including images, text, page layout, or form) of EarthLinks without express written consent. You may not use any meta tags or any other “hidden text” utilizing EarthLinks’s name or logo without the express written consent of EarthLinks. Any unauthorized use terminates the permission or license granted by EarthLinks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of earthlinks-colorado.org so long as the link does not portray EarthLinks, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EarthLinks logo or other proprietary graphic or mark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EarthLinks sells   products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use earthlinks-colorado.org only with involvement of a parent or guardian. EarthLinks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, 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. EarthLinks reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant EarthLinks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EarthLinks and sublicensees the right to use the name that you submit in connection with such content, if they choose. You 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 will indemnify EarthLinks for all claims resulting from content you supply. EarthLinks has the right but not the obligation to monitor and edit or remove any activity or content. EarthLinks takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

EarthLinks attempts to be as accurate as possible. However, EarthLinks does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EarthLinks itself is not as described, your sole remedy is to return it in unused condition.

Errors and Omissions
EarthLinks makes every effort to ensure the accuracy of the information published in our catalogs and on our Website(s). However, the documents and graphics published on this site may contain inaccuracies or typographical errors. EarthLinks makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.

If an error is made and a product is listed at an incorrect price, EarthLinks shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, EarthLinks shall issue a credit in the amount of the incorrect price.

Note: We do not guarantee EarthLinks’ prices listed on other websites or price engines.

EARTHLINKS STANDARD TERMS AND CONDITIONS OF SALE
All sales are subject to the following terms and conditions:

  1. Customer Acknowledgment.
    Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from EarthLinks.
  2. All Sales Made In Colorado.
    All sales shall be deemed made in the State of Colorado, USA, regardless of the location of the Customer.
  3. Purchase Price.
    (a) Prices are listed in EarthLinks’ catalogs and website, and are subject to change without notice. Prices for certain wholesale customers will be set forth in a separate written agreement between the parties. (b) Payment is due before shipment, unless credit terms have been arranged in advance with EarthLinks. In such case, payment terms shall be as set forth in the agreement. (c) EarthLinks shall not be liable for handling or customs charges for shipments outside the United States.
  4. Shipping Terms.
    Shipping terms are: F.O.B. Denver, CO. EarthLinks will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once EarthLinks delivers the Product to the carrier. Delivery times are estimates only and EarthLinks shall not be liable for delays.
  1. Returns
    All returns must be authorized by EarthLinks, within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective.

All non-defective returns authorized by EarthLinks are subject to a 15% restocking fee, and must be returned within 30 days from date of invoice.

  1. 6.    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EARTHLINKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EARTHLINKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS PURCHASED THROUGH THIS SITE, THE CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE MAXIMUM LIABILITY FOR ALL DIRECT DAMAGES, IF ANY, ARISING OUT OF ANY ACTION SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT.
  1. Exclusive Agreement.
    These Terms of Sale represent the complete and final agreement between the Customer and EarthLinks for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in EarthLinks’ invoice for the relevant sale. Terms contained in Customers’ purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EARTHLINKS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EARTHLINKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

EARTHLINKS DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM EARTHLINKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EARTHLINKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your visit to earthlinks-colorado.org or to products or services sold or distributed by EarthLinks or through earthlinks-colorado.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Colorado Uniform Arbitration Act and Colorado Law govern this agreement. Any small claims court actions, arbitrations or other legal actions shall take place in Denver, Colorado.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By visiting Earthlinks-colorado.org, you agree that the Colorado Uniform Arbitration Act, and the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EarthLinks.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Earthlinks-colorado.org. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Earthlinks, Inc.

2746 W 13th Avenue

Denver, CO 80204

303-389-0085

http://www.earthlinks-colorado.org

You may also contact us at:  info@earthlinks-colorado.org