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TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

Agreement between USER and WOW PLASTICS, INC. / WOWPLASTICS.COM

Welcome to wowplastics.com. The wowplastics.com website (the “Site”) is comprised of various web pages operated by

WOW PLASTICS, INC. (“WOW”).

wowplastics.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of wowplastics.com constitutes your agreement to all such Terms.  Please read these terms carefully, and keep copy of them for your reference.

wowplastics.com is an E-commerce Site.

E-commerce for the selling of injected and extruded plastic disposables and thermoformed food containers for various industries. products such as disposable cake domes nacho trays, deli containers, drinking straws and cutlery.

Electronic Communications:

Visiting wowplastics.com or sending emails to WOW, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

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. You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that WOW is not responsible for third party access to your account that results from theft or misappropriation of your account. WOW and it associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

WOW does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use wowplastics.com only with permission of a parent or guardian.

Cancellations/Refund Policy:

You may cancel your order within 24 hours. Please contact us at sales@wowplastics.com with any questions.

Links to third party sites/Third party services:

wowplastics.com may contain links to other websites(“Linked Sites”). The Linked Sites are not under the control of WOW and WOW  is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WOW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WOW of the site or any association with its operators.

Certain services made available via quailusa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from quailusa.com domain you hereby acknowledge and consent that WOW may share such information and data with any third party with whom WOW has a contractual relationship to provide the requested product, service, or functionality on behalf of quailusa.com users and customers.

No unlawful or prohibited use/Intellectual Property:

You are granted a non-exclusive, revocable license to access and use wowplastics.com strictly in accordance with these terms of use.  As a condition of your use of Site, you warrant to WOW, that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any which would damage, disable, overburden, or impair the Site or interfere with any other party`s use and enjoyment of the Site.  You may obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WOW or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyrights and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create, derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 

WOW content is not for resale.  Your use of the Site does not entitle you to make and unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and make no other use of the content without express written permission of WOW and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any license, express or implied, to the intellectual property of WOW or of our licensors except as expressly authorized by these terms.

Use of communication services:

The Site may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, you agree that when using Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such rights of privacy and publicity) of others, publish , post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information: upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity ) unless you own or control the rights thereof or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation or another`s computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributes in such manner,; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded restrict or inhibit and other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses without their consent; violate any applicable laws or regulations.

WOW has no obligation to monitor the Communication Services. However, WOW reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WOW reserves the right to terminate your access to any or all of the Communication Services at  any time without notice for any reason whatsoever.

WOW reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials in whole or in part, in WOW`s sole discretion.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYLYING INFORMATION ABOUT YOURSELF OR YOUR CHLDREN in any Communications Service, WOW does control or endorse the content, messages or information found in any Communication Service and, therefore, WOW specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Services and hosts are not authorized WOW spokespersons, and their views do not necessarily reflect those of WOW.

Materials uploaded to a Communication Service may be subject to posted limitations upon usage, reproduction, and /or dissemination. You are personally responsible for adhering to such limitations if you upload the materials.

Materials provided to WOW or posted on any wowplastics.com web pages.

Does not claim ownership of the materials you provide to WOW  (including feedback and suggestions) or post, upload, input or submit to any WOW Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WOW, our affiliate companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to; copy, distribute, transmit, publically display, publically inform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. WOW is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WOW`s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for your to provide, post, upload, input or submit the Submission.

Third Party Accounts:

You will be able to connect your e-mail account to third party accounts.  By connecting your e-mail account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users:

The Service is controlled, operated and administered by WOW PLASTICS, INC. from our offices within the USAIf you access the Service from a location outside the USA, you are responsible for compliance with all  local laws. You agree that you will not use the WOW content accessed through wowplastics.com in any country or in any manner prohibited by and applicable laws, restrictions or regulations.

 Indemnification:

You agree to indemnify, defend and hold harmless WOW PLASTICS, INC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney`s fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or you violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WOW PLASTICS,INC. reserves the right, at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WOW PLASTICS,INC. in asserting any available defenses

Arbitration:

In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms And Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief then such dispute shall be resolved only by final and binding arbitration pursuant to Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbiters award shall be final and judgement may be entered upon in any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions whether directly or indirectly including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of the provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbiter. This arbitration provision shall survive the termination of the Terms and Conditions.

Class Action Waiver:

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH`S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and employer agree the arbitration may not consolidate more than one person`s claim, and may not offer otherwise provide over any other of a representative or class proceeding.

 Liability Disclaimer:

THIS INFORMATION, SOFTWARE, PRODUCTS,AND SERVICE INCLUDED IS ONLY AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPORGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, WOW PLASICS, INC. AND OR ANY OF ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND /OR CHANGES IN THE SITE AT ANY TIME.

WOW PLASTICS, INC. AND /OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABITLITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WOW PLASTICS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ALL RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOW PLASTICS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES , OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFOMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERV ICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION ,SOFTWARE, PRODUCTS, SWERVICES AND ALL RELATED GRAPHICS OBTAINED THROUGH THIS SITEWETHER BASED ON CONTRACT, TORT NEGILGENCE, STRICT LIABILTY, OR OTHERWISSE EVEN IF WOW PLASTICS, INC.OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF OR THE `POSSIBLITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDDEENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU . IF YOU ARE DISSATIFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DICONTINUE USING THIS SITE.

Termination/access restriction:

WOW reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts Rosenberg in all disputes arising out of or relating to the use of the Site.  Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and WOW, as a result of this agreement or use of the Site. WOW`s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WOW`S right to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or information provided to or gathered by WOW with respect to such use, If any part of tis agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to ,the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WOW with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WOW WITH RESPECT TO Site. A printed version of this agreement and of 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.  It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms:

WOW reserves the right, in its sole discretion, to change the Terms under which quailusa.com is offered. The most current version of the terms will supersede all previous versions. QUAIL encourages you to periodically review the Terms to stay informed of our updates.

Contact us: 

WOW welcomes your questions or comments regarding these Terms.

WOW PLASTICS, INC.

1129 AVE G. ROSENBERG, TEXAS 77471

E-mail:  sales@wowplastics.com

Telephone Num:  281 238 9977

 

Effective as of March 30, 2015

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