website terms & conditions
OVERVIEW
This website is operated by Accurate Perforating Co., Inc. d/b/a SelectSpace Partitions (“SelectSpace”). The website domain address is www.selectspacepartitions.com (the “Website”). By visiting our Website and/or purchasing something from us, you agree to be bound by the following terms and conditions (the “Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. Throughout the Terms of Service and the Website, the terms “we”, “us” and “our” refer to SelectSpace, and the terms “you”, “your”, “yours”, and “user” refer to you, the user.
The Website is offered, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, policies, notices, and conditions stated herein. Capitalized terms not defined herein shall have the meanings ascribed to them on the Website or as set forth in the "Usage Guidelines". The Usage Guidelines can be accessed at: https://www.selectspacepartitions.com/resources.
These Terms of Service apply to all users of the Website, including without limitation users who are customers, browsers, vendors, merchants, and/or content contributors.
Please carefully read these Terms of Service before using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the Terms stated in this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to change, update, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1 - ONLINE STORE TERMS
Our online store is hosted with “Wix.” Wix provides the e-commerce platform that we use to sell our products to you (the “Products”) on the Website.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have provided us your consent to allow any of your minor dependents to use this site.
You may not use our Website for any unauthorized or illegal purpose and/or violate any laws in your jurisdiction (including but not limited to copyright laws) in your use of the Website.
You must not transmit any worms, viruses or destructive codes.
Any breach or violation of any of the Terms will result in an immediate termination of your use of the Website.
2 - GENERAL CONDITIONS
We reserve the right to refuse service or Website access to anyone for any reason at any time, except as prohibited by law.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to duplicate, copy, reproduce, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which services are provided, without express written permission by us.
The headings used in this agreement are to be used for convenience and will not limit or otherwise affect these Terms.
3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right to modify or discontinue the Products or Website (or any part or content thereof) without notice at any time.
We shall not be liable for any modification, suspension, price change, or discontinuance of the Products or Website to you or to any third-party.
4 - PRODUCTS OR SERVICES
Products and/or services are subject to return or exchange only according to our “Return Policy”. A copy of the Return Policy can be accessed at: https://www.selectspacepartitions.com/resources
Your use of the Products are subject to any Product manuals, instructions, notifications, warnings, and our Usage Guidelines. A copy of the Usage Guidelines can be accessed at: https://www.selectspacepartitions.com/resources.
Due to the nature of electronic devices used to access our Website, we cannot guarantee that your computer monitor’s (or other screen) display of any color will be accurate.
We are not obligated to, but reserve the right to, limit the sales of our Products or Website services to any person, jurisdiction, or geographic region. This right may be exercised on a case-by-case basis. We reserve the right to limit or restrict the quantities of any Products and/or services that we offer. We reserve the right to change descriptions of Products, Product pricing, or discontinue any Product at any time at our discretion. Any offer for any Product or service made on this Website is void where prohibited.
We do not warrant that the quality of any Website information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our discretion, limit or cancel quantities purchased per person, per order, or per household. These restrictions may include orders placed by or under the same credit card, the same customer account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right, in our sole judgment, to limit or cancel orders that appear to be placed by unauthorized dealers, resellers or distributors.
You agree to provide current, accurate, and complete account information for all purchases made on our Website. You agree to promptly update your account and provide pertinent information, such as your email address, credit card numbers and expiration dates, and phone number so that we can contact you and complete your transactions as needed.
6- THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites unaffiliated with us. We are not responsible for evaluating the content or accuracy, do not warrant, and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, services, or products of third-parties.
We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party website’s policies and practices carefully and make sure you understand them before you engage with the third-party’s website, information, goods and/or services. Please direct any complaints, concerns, questions or claims regarding a third-party to the third-party.
7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send to us (with or without our request) creative ideas, contest entries, suggestions, proposals, plans, or other materials, whether online, by postal mail, by email, or otherwise (collectively, 'comments') you agree that we may, at any time and without restriction, edit, copy, translate, distribute, publish and otherwise use in any medium any comments that you send to us. We are under no obligation to maintain any comments in confidence; to provide compensation of any sort for comments; or to provide a response to comments.
We have no obligation to (but may at our discretion) monitor, edit and/or remove any content that is determined by our sole discretion to be unlawful, offensive, libelous, defamatory, obscene, objectionable, or in violation of any party’s intellectual property or our Terms of Service.
By sending us comments, you agree that said comments will not be in violation of any third-party rights; including copyright, privacy, trademark, or other proprietary right. Furthermore, you agree that your comments will not contain unlawful or obscene material, contain any malware or computer viruses that could affect the operation of the SelectSpace Website or a related website. The use of false e-mail addresses, pretending to be someone other than yourself, and/or otherwise misleading us or other third parties as to the origin of comments is prohibited. We assume no responsibility and no liability for any comments posted by you or any third parties. The submitter of any comments is solely responsible for those comments and their accuracy.
8 – USER ACTIVITY AND PERSONAL INFORMATION
Privacy Information: By visiting or using this Website and its related services, contacting us through this Website or making submissions to us or the Website, you consent to our collection and use of personal information as discussed in our “Privacy Policy”, which is hereby incorporated into the Terms of Service. A copy of the Privacy Policy can be accessed at: https://www.selectspacepartitions.com/privacy-policy.
User Accounts: In order to access certain areas of the Website, you will create a user account and login (a "User Account"). You agree that all information which you provide through the Website in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party's User Account without such party's express written authorization.
Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website content or enforce limitations on use of the Website or its content.
SelectSpace reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Website for any uses which we determine are necessary or desirable for the operation of our business.
User Submissions: You agree that any information you provide through the Website will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Website or otherwise.
9 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on our Website that accidentally contains typographical errors or inaccuracies/omissions in the areas of pricing, promotions, Product freight costs, lead times and availability. We reserve the right to correct any such errors, omissions, and/or inaccuracies at any time without prior notice (including after you have submitted your order). We have no obligation to update, clarify, or amend information in our Website, other media, or on any related Website, (including pricing information) except as required by law.
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10 - PROHIBITED USES
In addition to any other prohibitions stated in the Terms of Service, you are prohibited from using the SelectSpace Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, international, provincial or state regulations, laws, rules, or local ordinances; (d) to violate or infringe upon our intellectual property rights or the rights of others; (e) to harass, defame, disparage, slander, intimidate, or discriminate based on gender, ethnicity, religion, age, sexual orientation, race, national origin, or disability; (f) to submit misleading and/or false information; (g) to transmit viruses or any other type of malicious code may be used to affect the functionality or operation of this Website or of any related website, other websites, or the Internet in any way; (h) to track or collect the personal information of others; (i) to spam, phish, pretext, pharm, crawl, spider, or scrape; (j) for any obscene purpose; or (k) to circumvent and/or interfere with the security features of this Website, other websites, or the Internet. We reserve the right to immediately terminate your use of this Website or any related websites for violating any these terms.
11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Website for indefinite periods of time without notice to you.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all related Products and services are (except as expressly stated by SelectSpace) provided 'as is' for your use, without any warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SelectSpace, Accurate Perforating Co., Inc., or its directors, employees, officers, affiliates, agents, attorneys, contractors, interns, service providers, or suppliers be liable for any injury, claim, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any Products procured using the Website, or for any other claim related in any way to your use of the Website or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SelectSpace, Accurate Perforating Co., Inc., and our parent, subsidiaries, affiliates, partners, officers, directors, agents, attorneys, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, the Product Terms, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
14 – TERMINATION
The liabilities and obligations of the parties incurred will survive the termination of these Terms for any and all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time either by discontinuing use of our website or by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.
15 – FEES AND PAYMENTS: You are responsible for all charges, fees, duties, taxes, and assessments arising out of any purchase of the Products on the Website. You agree to pay to SelectSpace all fees for SelectSpace’s provision of the Products, as applicable and in accordance with the pricing and payment terms presented to you for such Products.
16 – TAXES AND OVERAGE FEES: In connection with facilitating your transaction, SelectSpace and/or Wix will charge your credit card for the total price displayed at checkout, which includes the amount for your purchase of the Product, additional fees that may be applicable to certain orders, including but not limited to credit card processing fees or other third party transaction fees, and all anticipated applicable taxes. SelectSpace, at its discretion, may retain a service fee as compensation for facilitating Website purchases. The amounts paid to Wix in connection with your purchase may include all anticipated applicable taxes for the Products. Wix is responsible for remitting any applicable taxes to the applicable taxing jurisdictions. SelectSpace is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom SelectSpace customers are submitting the purchase for the Products. If you are required by law to withhold any taxes from your payments to SelectSpace, you must provide SelectSpace and Wix with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Product order being limited, suspended, or terminated (subject to applicable legal requirements).
17 – CANCELLATIONS AND REFUNDS: Product orders purchased through the Website are cancellable in accordance with (a) SelectSpace’s cancellation policy in effect at the time of booking and as more fully described at: https://www.selectspacepartitions.com/resources (as may be updated by SelectSpace from time to time) ("Cancellation Policy") or (b) any specific cancellation policies or restrictions stated in the Product details on the Website or on your purchase receipt. In the event of any conflict between the Cancellation Policy and any statements in the Website or your purchase receipt, the specific policies and restrictions in your purchase receipt shall control. If, for whatever reason, an error occurs in regard to any fee for purchased Products, SelectSpace may, in its sole discretion, void a purchase order related to that error and refund appropriate monies paid in connection therewith.
18 - TRADEMARKS: Names, titles, trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Website are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms of Service, any unauthorized use of the Trademarks is prohibited.
19 - FTC DISCLOSURE POLICY: The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Site.
20 – COMMERCIAL USE IS RESTRICTED: Unauthorized commercial publication or exploitation of text, images, documents, materials or any other content is prohibited without our express written consent. If you wish to use any of the content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing.
21 – LIMITED ACCESS: From time to time, the Website may be inaccessible or inoperable for any reason, including equipment malfunctions, Website updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Website, the content or access to Product order details. We may conduct maintenance on any of the foregoing at any time with or without notice to you.
22 – ELECTRONIC SIGNATURES AND CONTRACTS: Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING PURCHASES, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
23 – USER WARRANTY: By downloading, printing, or otherwise using any of the content on the Website, you agree that you will (i) restrict your use of such content to personal and non-commercial use, (ii) comply with all of these Terms of Service, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any Website content will not infringe the rights of third parties.
24 - WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE WEBSITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE SELECTSPACE OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. SELECTSPACE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE WEBSITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. SELECTSPACE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED.
25 - ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Products constitutes the entire understanding and agreement between you and us and shall govern your use of the Products, superseding any prior or contemporaneous agreements, proposals, and communications (whether oral or written), between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
26 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Illinois, without regard to conflicts of law principles.
27 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
28 - CONTACT INFORMATION
Please contact us at info@SelectSpacePartitions.com with any questions about the Terms of Service.
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Mailing address and phone number:
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SelectSpace Partitions
3636 S Kedzie Ave
Chicago, IL 60657
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855-839-1200