TERMS AND CONDITIONS
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to the Site. This Agreement constitutes the entire and only agreement between ELDORADO and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on ELDORADO only if agreed in writing by you and an authorized representative of ELDORADO. This Agreement may be amended by ELDORADO at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Use of site. By accessing the Site and/or ordering any product, you are agreeing to not use ELDORADO’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
- Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by ELDORADO in its sole discretion.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, ELDORADO does not waive any right in such information and materials.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from this Site have been copied in a way that constitutes copyright infringement, please notify us at sales@Eldowalls.com, and provide the following information (“Notice”):
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying ELDORADO that your copyrighted material has been infringed. Upon receipt of your notification, ELDORADO will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
- Editing, Deleting and Modification. ELDORADO reserve the right in ELDORADO’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without notice.
- Payments. You represent and warrant that if you are purchasing something from ELDORADO that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. ELDORADO does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production.
- Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. ELDORADO will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.
- No Resale. Other than as expressly permitted in writing by an authorized representative of ELDORADO, you agree not to resell or exploit for other commercial purposes Products purchased on this Website.
- Links to Other Web Sites. The Site contains links to other websites. ELDORADO is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by ELDORADO. Inclusion of any linked website on ELDORADO’s Site does not imply approval or endorsement of the linked website by ELDORADO. If you decide to leave ELDORADO’s Site and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to ELDORADO (collectively, “Submissions”) shall be deemed and shall remain ELDORADO’s sole property and shall not be subject to any obligation of confidence on ELDORADO’s part. Without limiting the foregoing, ELDORADO shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
ELDORADO reserves the right to re-purpose submitted images for marketing materials, including but not limited to social media channels, website materials, advertisements, or print materials.
- Custom Products. ELDORADO values respect, tolerance and open dialogue, and we serve a diverse and varied customer base. ELDORADO has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:
- Contain obscene, vulgar or profane content, including hate speech or symbols,
- Contain explicit sexual content or innuendo,
- Encourage violence, hate or negative stereotypes against individuals or groups,
- Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity,
- Incite public outrage or inspire violence,
- Portray or promote irresponsible use of alcohol or other substances, or
- Libel or defame an individual or group.
ELDORADO respects the intellectual property rights of others and we ask that you do the same. By purchasing any custom product on through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. ELDORADO may terminate the account of any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.
Please review customized items carefully prior to submitting your order; customized items may not be cancelled or returned once the order has been submitted. ELDORADO is not responsible for any errors or mistakes that have been approved.
- Return Policy. ELDORADO’s Return Policy is a part of this agreement. ELDORADO does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.
- Verify Address. ELDORADO reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from ELDORADO.
- Order Rejection. ELDORADO reserves the right to reject any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection of your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, ELDORADO will issue a credit to your credit card account for the amount rejected.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ELDORADO OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ELDORADO’S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELDORADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Indemnity. You agree to defend, indemnify and hold ELDORADO and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
21.Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to ELDORADO shall be sent by mail to ELDORADO WALL COMPANY, Inc. Attn: Legal 1699 Cherry St Unit B, Louisville, CO 80027. In the case of notices ELDORADO sends to you, you consent to receive notices and other communications by ELDORADO posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that ELDORADO provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Applicable Law and Disputes To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Colorado, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of ELDORADO products via eldowalls.com) shall be resolved exclusively in the state or federal courts located in Boulder County, Colorado. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
The foregoing notwithstanding, you agree that ELDORADO, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Terms or the Site exclusively to final and binding arbitration taking place in Louisville, Colorado under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Colorado, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of ELDORADO products via ELDORADO.com) must be commenced within one (1) year after the claim or cause of action arises.
The failure of ELDORADO to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
We may discontinue this Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice. We may discontinue or restrict your use of this Website at any time for any reason, without notice.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between ELDORADO and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved.
WARNING: Some aspects of climbing or other use of ELDORADO products are potentially hazardous and dangerous. Any person using our products in any manner is personally responsible for learning the proper techniques involved, and assumes all risks and accepts full and complete responsibility for any and all damages and injury of any kind, including death, which may result from the use of any products purchased through this Website.