By visiting or using the www.americanthermoform.com Web site (the “Web site”), or by ordering via telephone, email or fax, the user (“User”) agrees to be bound by these Terms and Conditions and that such agreement constitutes a binding contract between User and American Thermoform (“ATC”). If User does not wish to be bound by these Terms and Conditions, the User should not visit or use the wwww.americanthermoform.com Web site, or order from our company.
American Thermoform reserves the right to change these Terms and Conditions from time to time at its sole discretion. In the case of any violation of the Terms and Conditions, American Thermoform reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the American Thermoform Web site, both now and in the future.
Although American Thermoform has made reasonable efforts to place accurate information on this Web site, assumes no responsibility for the accuracy of the information. American Thermoform provides this web site content “as is” and without warranties of any kind, either expressed or implied to the fullest extent allowed by law. American Thermoform further disclaims all other warranties, including the implied warranties of merchantability and fitness for a particular purpose. American Thermoform does not warrant uninterrupted or error free functions contained in this site, its content, or that the website or its server are free of viruses or other harmful components.
Limitation of Liability
American Thermoform shall not be liable for direct, incidental, consequential, special, or punitive damages resulting from the use or inability to use this site, whether of not American Thermoform has been advised of the possibility of these damages. This includes damages for negligence or gross negligence. This provision is subject to possible limitation under state law.
User agrees to indemnify and hold harmless American Thermoform, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
Restrictions on Use of Material
The subscription to American Thermoform services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the American Thermoform Web site or on any other co-branded Web site, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the American Thermoform site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the American Thermoform or co-branded Web sites in a commercial manner is strictly prohibited.
American Thermoform reserves the right to immediately terminate any account that is being used in such activity. The reposting, manipulation, display or other Web-based presentation of data obtained through the American Thermoform Web site on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, American Thermoform may seek injunction in any court located in Los Angeles County, California or the United States District Court for The Central District of California. And, the subscriber through the use of this site consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
Trademarks, Service Marks, & Logos
All trademarks, service marks, logos, or other corporate identifications (collectively, “Marks”) on this Web site are trademarks or service marks of American Thermoform another entity. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by American Thermoform.
Code of Behavior
User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to American Thermoform must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches, which shall not exceed 200 searches per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.By subscribing to the American Thermoform service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in American Thermoform to any person or organization, by any means, printed, electronic or other.
Returns, Cancellations & Refunds
Notwithstanding any other terms in this Agreement, there are no other Refunds the Company will make other than contained in this “Refund and Cancellation Policy” section of this Agreement.
The Company’s refunds and cancellation policy is based on what type of product or service was purchased and is as follows:
For items shipped incorrectly by ATC, a complete refund/exchange will be given at no cost to the customer. The replacement items will be shipped immediately to the customer and ATC will make arrangements to pick up the incorrect initial shipment.
For all other situations, a request for refunds or cancellations have to be made by contacting Customer Service on the Contact Us page of the Web Site within 30 days of original purchase. No refund or cancellation will be made unless the Company and the User settle in writing each request for refund or cancellation. All refunds will be issued by check only and sent via USPS, with signature confirmation. Refund checks will be issued within thirty calendar days of the written agreement between the Company and User and include a process and handling, or re-stocking fee of 15%.
Braille Paper, Brailon, Braille Labeling Material and Swell-Touch must be received by ATC in resalable condition, if not, a refund cannot be given – it is recommended that the customer insure the return shipment. The returned items must be sent to ATC at the customers expense, and not by Free Matter. For all returned items that are resalable, ATC will have to replace the box that items were initially shipped in and will deduct $5.00/box from the refund. The check will be addressed to the User’s address available to the Company.
Any special formatting of Braille Paper, Brailon, Swell-Touch Paper, Braille Labeling Materials (including, but not limited to, custom sizes, punches, weights, colors), are not returnable, as they are processed specifically for each order. Please request samples of these items if you have any questions, ATC will send them to you free of charge.
Services: In the case of Services, a full or partial Refund towards the price paid by the User to purchase the Service may be made provided:
- The Company has, to its sole satisfaction, verified that the delivered Service was materially deficient in providing the Service as stated in its Service Description on the Web Site or Proforma Invoice at the time of Purchase.
Free Matter Shipping
According to E040 of the United States Postal Service Domestic Mail Manual: The ‘matter’ purchased must be for the use for writing by, or designed or adapted for use of a blind person, or other handicapped person. Publication 347 from the United States Postal Service also outlines the qualifications required for those to be eligible to receive Free Matter shipments. By instructing American Theroform to ship your goods via Free Matter, you are certifying that you have read these documents, that you comply with these restrictions and are therefore eligible for Free Matter shipping.
Braille Paper, Brailon, Braille Labeling and Swell Touch are the only American Thermoform products that can be shipped Free Matter For The Blind for those entitled, using the U.S. Postal Service. The shipping times using this method vary depending on your geographical location. If faster delivery is required, we can ship using commercial shipping services, such as UPS, FedEx, and DHL (UPS rates are available on our website, however please contact us should you wish to use a different carrier). For large orders, please contact us about palletizing, Air Freight and/or Sea Freight options.
Please Note: All goods are shipped F.O.B. La Verne, CA., U.S.A. Therefore, once these materials leave ATC’s facility, they are the customers’ property, and ATC must be compensated for the items shipped, regardless of the condition in which they are received. While Free Matter Shipping issues rarely arise, ATC is not held liable for items damaged or lost in transit. While we will help in every way possible, problems or issues relating to Free Matter Shipping will likely need to be handled directly with the U.S. Post Office.
In order to use Free Matter Shipping you MUST select the product option WITH Free Matter Shipping in the selection menu. By choosing to purchase via Free Matter, you accept and agree to these terms. Please contact us before you purchase these items should you have any questions.
Should shipments initially sent by Free Matter need to be returned, unless it is a mistake made by ATC, the items must be received in resalable condition. It is recommended that the customer return these items via UPS, or other traceable shipping carrier, to ensure that the items are received by ATC.
Links to/from Third Party Sites
This Web site contains links to third party sites. User accesses these sites at User’s own risk; American Thermoform is not responsible for the contents, changes, updates, or other links contained in a linked site. American Thermoform includes these links merely as a convenience, and the inclusion of such links does not imply an endorsement by American Thermoform of the site.
Any third party desiring to link to the Web site must link to the Web site’s homepage located at www.americanthermoform.com. No one may link to any other page of this Web site without the prior written consent of American Thermoform.
Authorization, Credit Cards, Debit Cards
By signing up to the service provided by American Thermoform and by providing credit card, debit card or Wire Transfer transaction information, the User consents to the billing for services/access provided by American Thermoform.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and American Thermoform as a result of use of the Web site.
The contents of this Web site and any claims related to it, are governed by the laws of the State of California, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Los Angeles County, California, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
Unless specifically noted when the information is obtained, American Thermoform does not make available to third parties information that personally identifies its Web Site users. With the exception of: If User linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site. Other information or ideas that Users transmit to or post on this Web site by any means will be treated as non-proprietary, and may be disseminated or used by American Thermoform and its affiliates or the Vendors for any purpose whatsoever. For more detailed information see our Privacy page.
The above Terms and Conditions constitute the entire and only agreement between User and American Thermoform on the matters described. User understands that User may be subject to further restrictions while using Vendors’ Web sites.