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Privacy and Terms of Use

A LABEL PRIVACY POLICY

 

 


By using alabel.net or purchasing product via this site, you are subject to the A LABEL Privacy Policy and Terms of Use.


 

This Privacy Policy (Policy) sets forth the A LABEL (A LABEL, we or us) policies regarding the collection and use of information relating to the A LABEL web site located at www.alabel.net (Site).

INFORMATION WE COLLECT AND HOW WE USE IT

Personally identifiable information (Personal Information) is information that can be used to identify or contact you, such as your name, email address, telephone number or similar information. A LABEL and its Service Providers only collect Personal Information that you choose to share with us, such as when (1) contacting us via the Site (e.g., by clicking on the “Contact” link), or (2) submitting your information to order a product or receive information from us. Use of Personal Information We may use your Personal Information to contact you if there is a problem with your account or to complete a transaction that you have entered into on or through the Site. We may also use your Personal Information to send periodic marketing or promotional notices to you, to notify you of any changes to this Policy, to improve our marketing efforts, to statistically evaluate site usage or to improve our Site or customize our Site’s content, layout and services. You can always opt-out of receiving these communications from us by following the “opt-out” procedures described below. General Any information you provide to A LABEL must be true, accurate and current. If you contact A LABEL via the Site, we will only use your Personal Information contained in your email to respond to your specific inquiry or comments in the email. We may retain your email for a period of time, but will not use any of your Personal Information for any purpose other than responding to your email. Usage Data The Site may automatically track certain aggregated, non-personally-identifiable information about your behavior while visiting the Site (Usage Data). The Usage Data gathered includes only the URL from which you accessed the Site, and which URL you visit next. We may collect and store this Usage Data in order to measure the Site's performance and improve the Site's design and functionality. We may also share this Usage Data with third parties to illustrate how the Site is used and for other marketing purposes.

USE AND DISCLOSURE Subject to applicable law, we and our Service Providers (as described below) may disclose your Personal Information: • To unaffiliated third parties that are under contract to perform services for or on behalf of A LABEL (Service Providers), and are required to uphold and maintain A LABEL’s policies with respect to privacy and the treatment of your Personal Information (e.g., vendors processing product orders, hosting our Site or performing marketing activities for A LABEL relating solely to services provided by A LABEL); • To other persons as permitted by applicable law or regulation; and • To law enforcement personnel and agencies, or as part of a legal process, in order to protect our property or in furtherance of an investigation regarding a breach of the Site rules and policies, unauthorized access to or use of the Site or any other illegal activities.

CONSENT TO PROCESSING By using our Site, or providing information to A LABEL, you understand and consent to the collection, processing and disclosure by A LABEL of your Personal Information as described under this Policy, including but not limited to the transfer of your Personal Information between A LABEL's Service Providers in accordance with this Policy. Any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may have a different level of privacy protection than that available in your own country. OPT-OUT CHOICES To "opt-out" of (1) receiving communications from A LABEL (except for communications necessary for your use of the Site), (2) having your Personal Information disclosed to third parties for marketing purposes, or (3) any other consent previously granted for a specific purpose concerning your Personal Information, send an e-mail to A LABEL at info@alabel.net.

REVIEWING OR CHANGING INFORMATION If you have provided Personal Information to us, you may review, change or delete your information previously provided to us by sending an e-mail to info@alabel.net. OTHER WEB SITES This Policy applies only to www.alabel.net. This Site may include links to non-A LABEL web sites, including access to content, products and services of such sites (Other Sites). Although some of the entities controlling these Other Sites may be under contract with A LABEL, we urge you to familiarize yourself with the individual privacy and other terms for each linked site prior to submitting your Personal Information.

SECURITY A LABEL takes seriously the security of the information it collects. A LABEL has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to, such information, reasonably appropriate to the nature of the data concerned.

UPDATES TO PRIVACY POLICY A LABEL may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on this Site. The amended Policy shall be effective upon posting, and your access to or use of the Site following an update shall be deemed consent to the revised Policy. If you have provided Personal Information to us, amendments to this Policy may (but are not required to) be sent to you via email or such other form of communication as you have requested. We urge each visitor to refer back to this page regularly and especially prior to providing or updating any Personal Information. This Policy may not be otherwise amended without the written consent of A LABEL. This Policy was last updated on June 20, 2005.

INFORMATION PERTAINING TO MINORS A LABEL does not want to collect Information from minors (children under 13 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted Personal Information via this Site, we will notify the user that we may not accept his or her Personal Information and will then expunge any Personal Information from our records. CONTACT, QUESTIONS, COMMENTS, COMPLAINTS If you would like to communicate with A LABEL regarding privacy issues or have questions, comments or complaints about this Policy or the Site, please forward such communication to info@alabel.net.

 

Terms of Use
1. ACCEPTANCE. A LABEL (A LABEL) provides to you (Buyer, you, your, etc.) an online store for the purchase and sale of A LABEL products (A LABEL Products), and access to product information (collectively, the eStore Service). The eStore Service is owned and operated by A LABEL and its service providers and is provided under the terms and conditions of these Terms of Use (Terms) as part of the web site located at www.alabel.net (Site). By clicking “I Agree” or by using the Site after having been afforded an opportunity to review these Terms, you are indicating that you agree to follow and be bound by these Terms.

2. MODIFICATIONS TO SITE. A LABEL reserves the right to modify or discontinue all or part of the Site (including the eStore Service), temporarily or permanently, with or without notice to you. You acknowledge and agree that A LABEL shall not be liable to you or any third party in the event that A LABEL exercises its right to modify or discontinue all or part of the Site.

3. ORDER ACCEPTANCE. You may place orders for products via the eStore Service. Your receipt of an electronic or other form of order confirmation does not constitute A LABEL’s acceptance of your order, nor does it constitute confirmation of A LABEL’s offer to sell you the particular product. A LABEL reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. We may require additional verifications or information before accepting any order. Price and availability of products offered on the Site are subject to change without prior notice. A LABEL will not be liable for any lack of availability of products you may order.

4. SECURITY. The purchase area of the eStore Service is designed to be secure. However, if you experience fraudulent use of your credit card as a result of shopping with A LABEL, notify A LABEL and your credit card company in accordance with its reporting rules and procedures.

5. PRICES. Unless otherwise expressly indicated in writing by A LABEL, prices for all products are as noted on A LABEL's Site as in effect on date your order is placed. All prices are based on quantity indicated. Unless otherwise indicated on A LABEL's acknowledgment and/or invoice, Buyer shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after A LABEL has effected delivery of the products to the U.S. postal service and/or carrier. All prices are in United States dollars.

6. TAXES. Prices do not include any tax or other governmental charge or assessment on the sale, shipment, production or use of any products sold to Buyer hereunder. Such taxes and charges, when applicable, may appear as separate additional charges on A LABEL's acknowledgment and/or invoice. Buyer shall be solely responsible for, and shall pay to A LABEL upon demand, any such tax, charge or assessment, unless Buyer has furnished to A LABEL an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

7. DELIVERY. A LABEL shall make every reasonable effort to effect shipment on or before the scheduled shipping date(s) reflected on A LABEL's acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond A LABEL's reasonable control, including, but not limited to A LABEL's receipt of all information to be supplied by Buyer. If no shipping date is specified, shipment will be made on date(s) selected by A LABEL. In no event shall A LABEL be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.

8. PACKING AND SHIPMENT. Unless preferred packing method is noted on A LABEL's acknowledgment and/or invoice, all items will be packed for shipment in accordance with A LABEL's standard practices. Unless otherwise specified on A LABEL's acknowledgment and/or invoice, A LABEL will ship by the most appropriate method, but by doing so does not assume any liability in connection with the shipment. Any and all claims by Buyer for damage or loss of products in transit shall be made by Buyer against the carrier.

9. TITLE. Title to all A LABEL Products sold by A LABEL to Buyer shall pass from A LABEL to Buyer when such A LABEL Products are delivered by A LABEL to the U.S. postal service and/or carrier for shipment to Buyer.

10. RISK OF LOSS. Delivery of all products sold by A LABEL to Buyer hereunder is F.C.A. (as defined in the Incoterms 2000) A LABEL's facility from which such products are shipped. All risk of loss of or damage to such products shall be assumed by Buyer upon A LABEL's delivery of such products to the U.S. postal service or other carrier for shipment to Buyer.

11. INSPECTION BY BUYER. Buyer shall carefully inspect all deliveries of products as they are received by Buyer and report to A LABEL promptly (but in any event within thirty (30) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such products. Any failure by Buyer to so inspect and report shall constitute a waiver by Buyer of any claim or right of Buyer against A LABEL arising with respect to any such error, shortage, defect or nonconformity which was reasonably discoverable by such an inspection.

12. CANCELLATION. Buyer may cancel any product order prior to shipment. After shipment, products may only be returned in accordance with Section 15.

13. LIMITED WARRANTY. It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all A LABEL Products for Buyer's intended purposes and uses. A LABEL warrants that the A LABEL Products sold hereunder will be free from defects in material and workmanship for a period of thirty (30) days from the date of original purchase. If you discover a defect covered by this warranty, we will repair or replace the A LABEL Product at our option, provided that A LABEL shall not have any liability whatsoever for any damage to or defect in A LABEL Products resulting directly or indirectly from events occurring after the delivery of such products to the U.S. postal services and/or carrier by A LABEL. This limited warranty does not cover damage caused by abuse, misuse, accident, modification or repair by any person other than A LABEL, moisture, extreme heat or cold, or corrosive environments. The limited warranty does not cover normal wear and tear on consumable items.

THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY A LABEL WITH RESPECT TO A LABEL PRODUCTS AND THE SITE (INCLUDING THE ESTORE SERVICE). ANY IMPLIED WARRANTY ARISING UNDER APPLICABLE LAW IN CONNECTION WITH THE SALE OR USE OF A LABEL PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, IS LIMITED IN DURATION TO THE 30 DAY TERM OF THE EXPRESS LIMITED WARRANTY ABOVE. THE SITE AND ALL CONTENT, INFORMATION AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIVE OF A LABEL IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF A LABEL WHICH MAKES SPECIFIC REFERENCE TO THESE TERMS OF SALE.

14. LIMITATION ON A LABEL'S LIABILITY.
A LABEL’S LIABILITY IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE A LABEL PRODUCTS. THIS LIMITED WARRANTY SHALL NOT IN ANY EVENT BE DEEMED TO INCLUDE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY OF A LABEL FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH A LABEL PRODUCTS, OR THEIR SALE OR USE, OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGE TO OR LOSS OF ANY PROPERTY, INJURY TO PERSON, LOSS OF USE OF THE PRODUCT, OR INCONVENIENCE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

15. RETURNS. Authorization to return products purchased from A LABEL under the limited warranty must be obtained from A LABEL prior to any such return. To obtain such authorization, please contact A LABEL at info@alabel.net. In A LABEL's sole discretion, credit may be granted with respect to returned products, depending on the reason for the return and the condition of the product. Any returned products must be shipped to A LABEL, freight prepaid, at Buyer's risk. We recommend that you use a carrier that will track your shipment and insure your product’s safe delivery. A LABEL cannot accept any returns sent C.O.D. Shipping and handling charges incurred in connection with returns are your responsibility and will not be reimbursed.

16. USE OF SITE CONTENT. Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by A LABEL or A LABEL’s third party licensors (Content) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by A LABEL. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and A LABEL and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of A LABEL. Requests for such permission should be made to info@alabel.net.

You may without our permission:

(a) Download, view, copy, retransmit and print Content, but only if:
• the Content is used solely for personal, informational, or internal business purposes;
• the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
• all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
• the Content is not modified or altered in any way; and
• no graphics are used separately from accompanying text.

(b) Link or hyper-link to the home page of the Site from any web site, but only if:
• you do not frame the Site or any portion of the Site;
• the link or hyper-link to the Site is not used in a way that suggests that A LABEL endorses you or your web site;
• the link is identified using a plain text rendering of the A LABEL name and not any trademark or A LABEL logo.
• the link or hyper-link to the Site is not used or presented in any way that disparages A LABEL or tarnishes, blurs, or dilutes the quality of A LABEL’s names or trademarks or any associated goodwill;
• the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
• you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

Objectionable means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; (c) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages another to violate any applicable law.

You may not under any circumstance:

• Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
• Delete, modify or attempt to change or alter any of the Content on the Site;
• Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
• Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
• Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
• Use any A LABEL names or trademarks as metatags or hidden text.

17. MARKS. Certain product, service, or company designations for companies other than A LABEL may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where A LABEL is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

18. OTHER SITES. The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, A LABEL’s strategic partners and other entities with which our connection consists of only a hyperlink (Other Sites). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. A LABEL is not responsible for (a) the availability of or content provided on Other Sites, nor does inclusion of any link imply endorsement of the Other Site by A LABEL, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or (c) any loss or damage of any sort you may incur from dealing with any third party.

19. INDEMNIFICATION. Buyer agrees to indemnify, hold harmless and defend A LABEL (and its employees, consultants, advisors, experts, officers, directors, parents, subsidiaries, affiliates, successors, assigns and agents) from and against any and all claims, demands, judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and attorneys' fees) incurred or suffered by A LABEL, which relate to or arise out of (a) your use, handling, sale or distribution of the A LABEL Products sold hereunder; (b) your breach of any representation, warranty or obligation hereunder; or (c) your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.

20. TERMINATION & EFFECT.

Termination. Either you or A LABEL may terminate access to the Site or eStore Service with or without cause at any time and effective immediately. If you object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Site and/or eStore Service in any way, your only recourse is to terminate your use of the Site and/or eStore Service. Upon any termination of your access to the Site or eStore Service, you acknowledge and agree that A LABEL may immediately delete the files in your account and bar any further access to such files or the Site and/or eStore Service. Sections 1, 2 and 6-22 of these Terms shall survive any termination of these Terms or your right to access to the Site and/or eStore Service.

Your Obligations Upon Termination. You agree that upon termination of these Terms, you will: (1) pay any and all outstanding fees and payments due to A LABEL in full within thirty (30) days after termination; and (2) perform your obligations under all outstanding purchases.

21. DISPUTE RESOLUTION. Any dispute arising out of or in connection with these Terms, A LABEL Products, or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before one neutral arbitrator administered by the American Arbitration Association in San Francisco, California, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrator. The award of the arbitrator may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the state and federal courts located in San Francisco for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrator or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

22. GENERAL. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. A LABEL’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. A LABEL may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of A LABEL. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by A LABEL on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

23. ACKNOWLEDGMENT. You acknowledge that (a) you have read and understood the Terms; and (b) that these Terms have the same force and effect as a signed agreement.

24. CONTACT INFORMATION. If you have any questions regarding these Terms or the Site, please contact A LABEL at info@alabel.net.

       
       

Copyright © 2006 Strategic Development, Ltd. dba A LABEL. All Rights Reserved.