INTRODUCTION
Welcome to Fastpaksystems.com. ("this Site" or "our Site") is provided by Fastpak Systems INC ("Fastpak Systems" or "we") as a service to our customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your unconditional agreement (this "Agreement") to follow and be bound by these Terms and Conditions of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions of Use. Fastpak Systems reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of our Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Site.
AUTHORITY
By accepting these Terms and Conditions of Use through your use of this Site, you agree that you have the legal right and ability to agree to these Terms and Conditions of Use and that you will use this Site in a manner consistent with these Terms and Conditions of Use.
PRIVACY
Please review our Privacy Policy, which also governs your use of fastpaksystems.com, to understand our privacy practices with respect to the collection, use and dissemination of information we collect about the users of our Site. Your use of this Site also constitutes your acceptance and agreement to accept the terms and conditions of our Privacy Policy and to be bound by its terms and conditions as though they were included in these Terms and Conditions of Use in their entirety.
ELECTRONIC COMMUNICATIONS
When you visit this Site or send emails or other communications to us, you are communicating with us electronically. At times we will communicate with you electronically by email, by posting on this Site or otherwise. You assent and 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.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fastpak Systems or by suppliers, distributors or other third parties who have licensed their materials to Fastpak Systems and are protected by U.S. and international copyright laws. Subject to the provisions of separate agreements with third parties who have posted Content on this Site pursuant to such agreements, the compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Fastpak Systems and is also protected by U.S. and/or international copyright laws.
Fastpak Systems and its suppliers, distributors, licensors and other third parties who have Content displayed on this Site expressly reserve all intellectual property rights in all text, programs, products, processes, technology, Content and other materials which appear on this Site. Except as otherwise provided by written Agreement with Fastpak Systems, access to this Site does not authorize anyone to use any name, logo or mark in any manner and does not confer and shall not be considered as conferring upon anyone any license under any of Fastpak Systems or any third party’s intellectual property rights. The Fastpak Systems name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fastpak Systems. All other marks are the property of their respective companies.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party Web sites or information are provided solely as a convenience to you and do not in any way constitute or imply Fastpak Systems endorsement, sponsorship or recommendation of the third party, information, product or service. Fastpak Systems is not responsible for the Content of any third party Web sites and does not make any representations regarding the Content or accuracy of material on such Web sites. If you decide to link to any such third party Web sites, you do so entirely at your own risk.
USE OF THIS SITE
Except for the use of this Site for commercial purposes by Customers as described below, this Site and its Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software. All software used on this Site is the property of Fastpak Systems or its suppliers or licensors and protected by U.S. and international copyright laws. The Content and software on this Site may be used only as a shopping resource. Any use of this Site other than as a shopping resource, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site, is strictly prohibited.
Fastpak Systems customarily enters into arrangements with its customers and, in connection therewith, each such customer is assigned a user name and password which enables such customer to access features of this Site which require the user to "log-in" to access and use such features. customers may access and use this Site and its Contents to purchase products for place orders, check order status, view current pricing, get freight quotes, obtain proof of deliveries, download price lists, view account information and more, subject in all cases to the terms and conditions set forth on this Site or in this Agreement, as the same may be modified from time to time.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Fastpak Systems will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use, or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Fastpak Systems on this Site and other than generally available third party web browsers (such as Microsoft Explorer).
You are responsible for the confidentiality and use of any username, password or other personal identifier you use in connection with your use of this Site. You should restrict access of any such username, password or other personal identifier to only those individuals you have authorized. You will be responsible to pay any Fastpak Systems or any third party vendors for any goods and services obtained through this Site if access to this Site was obtained, or any product was purchased, through the use of such username, password or other personal identifier. In addition to its other rights, Fastpak Systems may terminate your access to and use of this Site if you do not promptly pay any such amounts when due.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, messages, suggestions, ideas, and other submissions disclosed, submitted or offered to Fastpak Systems on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site, the purchase of products, catalogues, product flyers, shopping cart Web sites or Web site linking features (collectively, the "Comments"), whether through the use of this Site or by communicating directly with Fastpak Systems, shall be and remain the property of Fastpak Systems. We welcome your Comments regarding this Site. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fastpak Systems of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fastpak Systems will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fastpak Systems will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Fastpak Systems is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to Fastpak Systems or in connection with your use of this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to Fastpak Systems or in connection with your use of this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the Content of any Comments you make.
You represent and warrant that you own or otherwise control all of the rights to the Comments you post or otherwise; that the Content of any such Comments is accurate; that use of such Comments does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Fastpak Systems, its successors and assigns for all claims resulting from Comments you submit.
Notwithstanding the foregoing, all personal data provided by you to Fastpak Systems will be handled in accordance with Fastpak Systems’ privacy policies and practices, as the same may be modified from time to time.
ACCURACY OF INFORMATION
It is possible that the information displayed on this Site may include inaccuracies or errors. It is also possible that unauthorized additions, deletions and alterations might be made by third parties to the information displayed on this Site. Although Fastpak Systems tries to be as accurate as possible and ensure the integrity and accuracy of the information displayed on this Site, it does not warrant that product descriptions, pricing, freight quotes, shipping information or other information or Content on this Site is accurate, compete, reliable, current or error free.
COLORS
Fastpak Systems has made commercially reasonable efforts to display as accurately as possible the colors of the products that appear on our Site. However, as the actual colors you will see depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate or accept responsibility or the return of such products due to such inaccuracy.
ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reasons. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy [and your order is shipped]. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order has been cancelled after you have been charged, we will issue a credit to your account in the amount of the charge.
PRICING INFORMATION
Fastpak Systems attempts to provide accurate product and pricing information and freight quotes; however, pricing or typographical errors may occur. Fastpak Systems cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or incorrect information due to an error in product information, Fastpak Systems shall have the right, at our sole discretion, to refuse or to cancel any orders placed for that item. In the event that an item is mispriced, Fastpak Systems may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Similarly although Fastpak Systems attempts to use commercially reasonable efforts to estimate freight costs, freight quotes provided on this Site are estimates only and Fastpak Systems cannot confirm the actual freight costs prior to the shipment of items purchased.
PURCHASES
The purchase of any merchandise from Fastpak Systems is subject to the terms and conditions of the arrangements you have made with Fastpak Systems relating to such transaction as well as these Terms and Conditions of Use. Please carefully review the terms and conditions of such arrangements and these Terms and Conditions of Use prior to making such purchase. The making of such purchase shall be deemed to be acceptance and agreement with the terms and conditions of such arrangements as well as these Terms and Conditions of Use.
CREDIT CARD TRANSACTIONS
All purchases made using a credit card will incur a convenience fee of 3% of the transaction amount at the time of sale. This fee will be automatically applied to your total. By using a credit card for your purchase, you agree to the terms of this convenience fee as described above.
LINKS TO OTHER BUSINESSES
Fastpak Systems provides links to Web sites of other businesses or other third parties. We are not responsible for examining or evaluating, and do not warrant or endorse the offerings of, any of such other businesses or other third parties or the Content of their Web sites. Fastpak Systems is not responsible or liable for other businesses or other third parties that provide information on this Site or for the actions, product and Content of such businesses or other third parties. You should carefully review their privacy statements and other conditions of use. Your use of such Web sites is at your own risk and discretion and subject to the Terms and Conditions of Use for such Web sites.
INDEMNIFICATION
You agree to defend, indemnify and hold Fastpak Systems, its successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, incurred or suffered by Fastpak Systems arising from or related to your use of this Site or any Web site accessed from this Site.
TERMINATION
The Agreement between you and Fastpak Systems reflected by these Terms and Conditions of Use is effective unless and until terminated by either you or Fastpak Systems You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Fastpak Systems may also terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to this Site, if in Fastpak Systems’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Fastpak Systems, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under these Terms and Conditions of Use or otherwise.
DISCLAIMERS
THIS SITE IS PROVIDED BY FASTPAK SYSTEMS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTPAK SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS DISPLAYED, OFFERED OR PURCHASED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FASTPAK SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FASTPAK SYSTEMS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED OR PURCHASED ON THIS SITE OR ANY SHOPPING CART WEB SITE SERVICES OR LINKING SERVICES REFERRED TO IN THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FASTPAK SYSTEMS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, DISTRIUBTORS OR LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FASTPAK SYSTEMS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FASTPAK SYSTEMS BE LIABLE FOR ANY DAMAGES IN EXCESS OF FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement, as reflected in these Terms and Conditions of Use represents the complete agreement between you and Fastpak Systems with respect to the subject matter contained in these Terms and Conditions of Use and supersedes all prior agreements and representations between Fastpak Systems and you with respect to the subject matter contained in these Terms and Conditions of Use. If any provision of this these Terms and Conditions of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions of Use shall remain in full force and effect. The failure of Fastpak Systems to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and shall not limit Fastpak Systems' rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the laws of the State of Georgia as such law applies to agreements between Fastpak Systems and residents of the State of Georgia entered into and to be performed within the State of Georgia. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of situated in Marietta, Georgia.
Questions
Do you still have questions? If you didn’t find the answer you were looking for, you can Contact us, and we will be happy to help you.
Phone: (770) 423-0795