Website Terms - Conditions and User Agreement - Terms of Sale and Use
Your use of the Northstar Load Cell and Scale website and services is governed by important terms and conditions, which may be amended from time to time. We strongly encourage you to read and understand these Terms, Conditions and User Agreement and Terms of Sale and Use before using the website or purchasing any products or services offered by the Company. If you do not read, understand and agree to these Terms, Conditions and User Agreement and Terms of Sale and Use, you are not authorized to access this website or purchase any Company products or services. THESE TERMS, CONDITIONS AND USER AGREEMENT AND TERMS OF SALE AND USE CONTAIN IMPORTANT WARNINGS, WARRANTY DISCLAIMERS, LIMITS OF LIABILITY, AND DISPUTE RESOLUTION PROVISIONS. PLEASE READ THEM CAREFULLY.
Applicability and Acceptance
Northstar Load Cell and Scale LLC (“the Company”) provides online resources and services, including but not limited to online content, product information, and ordering. By using or accessing this website, you agree to be bound by these Website Terms and Conditions and User Agreement. Your use of the Website, and any Company goods or services, is subject to all applicable law, including state, federal, and local laws and regulations in your area. You acknowledge and agree that you are responsible to know and comply with any applicable laws and regulations. If you do not agree with these terms, or if you are a minor, you are prohibited from using or accessing this website. As a condition precedent to your use of the website, or any Company products or services, you represent and warrant that you are not a minor, that you are of legal age to form a binding contract, and that you are not barred by law from using the website, or Company products and services.
Acceptance of Risk
THE USE AND APPLICATION OF LOAD CELLS, SCALE SYSTEMS AND OTHER RELATED PRODUCTS INVOLVES ELECTRICITY, FORCES, TORQUES, LOADS AND OTHER MECHANICAL ASPECTS, TO NAME A FEW. WHILE WORKING WITH THE PRODUCTS SUPPLIED BY NORTHSTAR LOAD CELL AND SCALE, THE RISKS COULD INCLUDE, BUT ARE NOT LIMITED TO, CAUSING SERIOUS INJURY OR DEATH TO YOURSELF AND OTHERS, AND CAUSING PROPERTY DAMAGE. YOU ACCEPT THE SOLE RISK OF HARM TO YOURSELF, TO OTHERS, OR DAMAGE TO PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED, DIRECTLY OR INDIRECTLY,
WITH USE OF THE COMPANY’S WEBSITE, AND ANY COMPANY PRODUCTS AND SERVICES. YOU AGREE TOTAKE REASONABLE CARE AND PRECAUTIONS WHILE USING ANY COMPANY PRODUCT. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED DIRECTLY OR INDIRECTLY TO THE USE OR MISUSE OF ITS PRODUCTS, WHETHER BY YOU OR ANY OTHER THIRD PARTY. Note that certain jurisdictions do not allow acceptance of all risk disclaimer of liabilities. In those jurisdictions, some of the foregoing disclaimers may not apply to you.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND ANY COMPANY PRODUCTS OR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ANY COMPANY SERVICE ARE PROVIDEDSTRICTLY ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR IMPLIEDWARRANTIES OF ANY KIND. EXCEPT AS SPECIFICALLY PROVIDED REGARDING MANUFACTURING DEFECTS, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND ANY COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER COMPANY SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR SERVICE ON THE WEBSITE. NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
THE COMPANY’S LIMIT OF LIABILITY SHALL BE A REFUND OF THE AMOUNT PAID FOR THE COMPANYPRODUCT OR SERVICE AT ISSUE. A REFUND OF THE AMOUNT PAID FOR THE COMPANY PRODUCT OR SERVICE AT ISSUE SHALL BE THE SOLE AND EXCLUSIVE REMEDY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF USE OF THE WEBSITE OR ANY COMPANY PRODUCTS OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY COMPANY PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE OR ANY PRODUCT OR SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE WEBSITE OR ANY
PRODUCT OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY PRODUCT OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN CERTAIN JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Duty to Defend and Indemnify
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS MEMBERS, MANAGERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, COURT COSTS AND OTHER LEGAL EXPENSES, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE, AND ANY COMPANY PRODUCTS OR SERVICES, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN OR YOUR VIOLATION OF ANY RIGHTS OF, OR DUTIES OWED TO, ANY THIRD PARTY, WHETHER OR NOT ARISING OUT OF THE SOLE NEGLIGENCE OF THE COMPANY.
The website may include links to other sites that are not created or maintained by the Company. The Company has not reviewed all of the sites linked to its website, and is not responsible for the contents of any such linked site. The inclusion of any link is not intended to imply endorsement of any third-party site.
Product Description and Pricing
Northstar Load Cell and Scale does its best to ensure that all products are accurately depicted, described, and priced. Occasionally the Company may make mistakes in product photographs, descriptions, prices, and other information. The Company is not liable for errors in depictions, descriptions, or pricing, and is not obligated to sell products at a price listed in error.
Northstar Load Cell and Scale reserves the right to make changes to their products, as needed in effort of continual improvement.
The Company reserves the right to change, modify or otherwise alter these Terms and Conditions at any time, in its sole discretion. Any changes shall become effective immediately upon posting. The Company strongly encourages you to review these Terms and Conditions regularly to keep yourself informed of any changes.
Any claim relating to the Company’s website, or any Company products or services, shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.
Venue, Waiver of Jury Trial, and Dispute Resolution
You and the Company agree that we will resolve any claim or controversy that arises out of this UserAgreement, the Service or any sales transaction, or use or misuse of the Company’s products (a “Claim”)in accordance with one of the procedures described below. The Company strongly encourages you to contact us directly by email to seek a resolution of the Claim.
a. THE COMPANY AND YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF WISCONSIN AND VENUE SHALL BY PROPER IN ONEIDA COUNTY.
b. Each party irrevocably waives its rights to trial by jury in any action or proceeding arising out of or relating to this agreement, USE or purchase OF ANY COMPANY PRODUCTS OR SERVICES, or the transactions relating to its subject matter.
c. You and the Company agree not to participate in any class action or representative action with respect to any Claim.
d. For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000.00, the Company or you may elect to resolve the dispute through binding non-appearance arbitration. If a party elects non-appearance arbitration, it shall initiate sucharbitration through an established alternative dispute resolution (“ADR”) provider or private arbitratormutually agreed upon by the parties. Venue for any arbitration shall occur in Oneida County, Wisconsin. Arbitration shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. The ADR provider and the parties must comply with the following rules:
i. the arbitration shall be conducted by telephone, online or be solely based on written submissions and the specific manner shall be chosen by the party initiating the arbitration;
ii. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
iii. the arbitration shall be conducted by a single arbitrator; and
iv. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
a. This User Agreement and Terms of Sale and Use contains the entire agreement between the Company and you and governs your use of the website and constitutes the terms under which you may purchase Company products.
b. The failure of the Company to exercise or enforce any right or provision of this User Agreement and Terms of Sale and Use in any instance shall not constitute a waiver of such right or provision.
c. If any provision of this User Agreement and Terms of Sale and Use is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement and Terms of Sale and Use shall remain in full force and effect.
d. Regardless of any statute or law to the contrary, any claim, arbitration, or cause of action arising out of or related to use of the website, or related to the use or purchase of any Company product or, must be filed within one year after such claim or cause of action arose or accrued or be forever barred.
If you have any questions or concerns regarding these Terms, Conditions and User Agreement and Terms of Sale and Use, please contact us at:
Northstar Load Cell and Scale LLC
P.O. Box 730
Three Lakes, WI 54562 Phone: (715) 972-3557