1. Your Contract with Us:
In these Terms of Sale, the term "you" means you the customer; and the terms, "CGC","We","Us" and "Our" means Corporate Graphics Commercial, Inc. d/b/a Walter's Publishing.
The price payable by you (the "Price") is the price shown in the checkout page. Prices offered on the Websites are stated in U.S. Dollars. Such prices may not include shipping and handling, expedited service, or sales taxes, if applicable, which may be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.
You must pay for your products and/or services by valid credit card on our Websites.
4. Product Description / No Returns, Refunds or Exchanges:
We attempt to describe the items offered on the Websites as accurately as possible; however, we do not warrant that the descriptions or other content on the Websites are accurate, complete, reliable, current or error-free. All sales made through the Websites are final. No refunds or exchanges for items purchased through this Websites will be made.
5. Our Liability to You:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU "AS IS," AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CGC NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CGC'S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.
6. Electronic Contracting:
You acknowledge and agree that by clicking the 'OK' or 'PURCHASE' (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using our Websites. We may amend these Terms of Sale at any time by posting them on our Websites. You agree to review them each time you make a purchase.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CGC FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY PRODUCTS PURCHASED VIA THE SITE.
8. Governing Law:
This Agreement shall be deemed to have been negotiated, made and entered into in the State of Minnesota and any and all performance hereunder, or breach hereof, shall be interpreted, governed and construed pursuant to the laws of the State of Minnesota without reference to choice of law provisions. You and CGC hereby acknowledge and consent to personal jurisdiction and venue exclusively in Nicollet County, Minnesota. You agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Terms of Sale or to any dispute or transaction arising out of the Terms of Sale.