© 2017 CW Crates & Pallets
6326 E Sharp Avenue
Spokane Valley, WA 99212
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TERMS AND CONDITIONS OF SERVICE

 

All services for any person, party, sender, receiver, owner, consignor, consignee, transferor or transferee (the "Customer") as may be provided by Pierce Lane Partners, Inc., a Washington corporation d/b/a CW Products and d/b/a CW Crates and Pallets (the "Company") shall be performed pursuant to the Company's terms and conditions of service as follows (this "Agreement"):

 

1. Engagement of the Company's Services; Priority of this Agreement; Quotes Not Binding.  The general terms and conditions set forth in this Agreement are compulsory and applicable for any services provided by the Company as contemplated in this Agreement.  The Customer understands, agrees and acknowledges that: (a) the predominant purpose of the Company is to provide a service for the Customer's packaging and shipping needs as requested by the Customer, and the Customer has engaged the services of the Company pursuant to this Agreement; (b) the terms and conditions set forth in this Agreement shall supersede any terms or conditions provided by the Customer, whether pursuant to the Customer's purchase order or otherwise; and (c) the Customer will be responsible for payment of the Company's fees for its services rendered pursuant to the Company's final invoice, and any quotes for services provided by the Company prior to the Company rendering the services are best estimates based upon the information received from the Customer, are for information purposes only, are subject to change without notice, and shall under no circumstances be binding upon the Company.

 

2. Services Provided by the Company.  As requested by the Customer, the Company shall provide any or all of the following services for the Customer in accordance with the terms and conditions of this Agreement:

 

2.1. Shipping Services.

 

(a). Use of Agents.  In the event the Customer engages the Company's service to ship, transport, store, forward or otherwise deliver (the "Shipping Services") the Customer's goods (the "Goods" or "Shipment"), the Company is authorized to select and engage third party carriers, truckmen, riggers, lightermen, forwarders, brokers, agents, warehousemen and/or others (each an "Agent") to carry, store or otherwise physically handle the Shipment and Shipping Services.  All Agents shall be considered as the agent of the Customer, and the Shipment may be entrusted to such Agent subject to all rules, regulations, requirements and conditions (including any limitation of liability for loss, damage, expense or delay), whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by the Agent.  The Company shall under no circumstances be liable for any loss, damage, expense or delay with regard to the Shipment for any reason whatsoever when the Shipment is in the custody, possession or control of an Agent selected by the Company to render the Shipping Services.  Further, the Company assumes no liability for carrying, storing or otherwise physically handling the Goods, and the Customer understands, acknowledges and agrees the Company shall not be held responsible for any loss, damage, expense or delay with respect to the Goods except as otherwise provided in Paragraph 4.

 

(1). Additional Charges by Agent.  If an Agent deems it necessary to declare a higher value of the Goods or otherwise incurs additional costs associated with shipping or handling the Goods (collectively, the "Additional Costs"), any Additional Costs will be reflected either on the Company's final invoice to the Customer or, in the event the Additional Costs are unknown at the time of the Company's final invoice, the Customer understands, acknowledges, agrees and authorizes the Company to issue and/or charge the Customer for the Additional Costs by way of a subsequent final invoice.  

 

(b). Discretion of Company.  The Company has complete freedom, control and discretion in choosing the means, route and procedure to be followed in the handling, packaging, storage, transportation and delivery of the Shipment.  Advice by the Company to the Customer that a particular route or Agent has been selected with respect to the Shipment and Shipping Services shall not constitute a warranty or representation by the Company that such route or Agent will be utilized.

 

2.2. Packaging Services.  In the event the Customer engages the Company to: (a) build crates, pallets or other forms of packaging (the "Custom Packaging") for the Customer's Goods, the Customer's stated use and/or use in the Shipping Services; (b) purchase pre-made or refurbished crates and/or pallets advertised for sale by way of the Company's website or other advertising medium; or (c) package the Customer's Goods for storage, shipment or otherwise (Paragraph 2.2(a), (b), and (c) are collectively the "Custom Packaging Services"), the Company will use its best efforts to design and develop the Custom Packaging and/or the Company will use its best efforts package the Goods to minimize damage.  If the Customer provides the Company design specifications for the Custom Packaging, the Company will use its best efforts to rely upon the Customer's design specifications as a guide in building the Custom Packaging; provided, however, the Company's reliance upon the Customer's design specifications shall not constitute a warranty or representation by the Company that such design specifications will be utilized in full or in part.  The Customer understands, acknowledges and agrees that (d) the Company shall not be liable for any loss or damage to the Goods as a result of the Company's Custom Packaging Services (except as otherwise provided in Paragraph 4), regardless of whether the Custom Packaging is built based upon the Company's design specifications or in reference to the Customer's design specifications; and (e) the Customer shall be responsible for final inspection of all Custom Packaging.

 

(a). International Standards for Phytosanitary Measures ("ISPM").  Where applicable, the Company's Custom Packaging is compliant with the Heat Treatment Certifications ("HTC") standards set forth pursuant to ISPM 15, and the requirements therein to place an HTC stamp on the Custom Packaging.  In the event an HTC stamp is either misplaced or not placed on Custom Packaging otherwise requiring the HTC stamp, and so long as the Custom Packaging has not been shipped from the Customer's location, the Company will either retrieve the Custom Packaging or go to the Customer's location to place the appropriate HTC stamp.  Notwithstanding, the Customer understands, acknowledges and agrees that the Company shall not be liable for any loss or expense related to the Custom Packaging or Shipment where the HTC stamp is misplaced or not placed, or where the HTC stamp is covered by the Customer.

 

2.3. On-Site Services.  In the event the Customer engages the Company to send its employees, agents or representatives to the Customer's premises for the purposes of performing the Company's Shipping Services or Custom Packaging Services (the "On-Site Services"), the Customer understands, acknowledges and agrees that the Customer shall be responsible for any direction given to the Company's employees, agents or representatives while on the Customer's premises, the Company shall not be responsible for any loss or damage to the Goods (except as otherwise provided in Paragraph 4), the Customer's property or any bodily injury or death as a result of the On-Site Services, and the Customer shall indemnify and hold the Company harmless from any damage to person or property resulting from the On-Site Services.

 

3. Insurance.  Upon the written request of the Customer prior to the commencement of the Shipping Services, Packaging Services, On-Site Services or possession of the Goods by the Company, the Company may, but is not obligated to, make reasonable efforts to obtain marine, fire, theft and/or other insurance covering the Goods.  Notwithstanding, the Company does not represent or warrant that insurance of any kind or amount can or will be placed upon the Goods whether requested by the Customer or not, and the Company assumes no responsibility to effect such insurance.  Any insurance placed shall be governed by the certificate or policy issued by the applicable insurer and any claims thereunder will be effective only when accepted by the insurer; should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall be under no responsibility or subject to any liability in relation thereto; and any insurance premiums and/or charges of the Company for arranging the same shall be at the Customer's expense.  Without limiting the foregoing, the Company assumes no responsibility to effect insurance on any export or import of Goods which it does not handle.

 

4. Limitation of Liability for Loss; Exclusivity of Remedy; Presentation of Claim.

 

4.1. Limitation of Liability.  

 

(a). The Customer understands, acknowledges and agrees that the Company shall only be liable for any loss, damage, expense or delay of the Goods resulting from the negligence of the Company, and that any such liability shall be limited to the greater of (a) $0.50 cents per pound (up to a maximum of $50.00) or (b) the fee(s) charged for the Company's services; provided, however, in the event of a partial loss, such amount will be adjusted pro-rata;

 

(b). If the Company issues its own bill of lading and receives freight charges as its compensation, the Customer has the option of paying a special freight charge and increasing the limit of the Company's liability up to the Shipment's actual value; however, such option must be exercised by a written agreement between the Company and the Customer, entered into prior to the transaction and setting forth the limit of the Company's liability and the additional charges to be paid by the Customer;

 

(c). In all instances other than Paragraph 4.1(b), unless the Customer makes specific written arrangements with the Company to otherwise increase the Company's liability for an additional charge, and the Company so agrees in writing, any liability under this Agreement is limited to (and the Customer's sole and exclusive remedy shall be) the amount set forth in Paragraph 4.1(a); and

 

(d). The Customer understands, acknowledges and agrees that the Company shall in no event be liable for any incidental, contingent, consequential, punitive, statutory or special damages in excess of the amount set forth in Paragraph 4.1(a).

 

4.2. Exclusivity of Remedy; Disclaimer of Warranty.  THE COMPANY EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTIES AND REPRESENTATIONS WHATSOEVER (EXCEPT AS PROVIDED IN PARAGRAPH 4), THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITHIN THIS AGREEMENT, INCLUDING NO WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE, TO ANY PERSON OR ENTITY WITH REGARD TO THE GOODS, SHIPPING SERVICES, PACKAGING SERVICES, ON-SITE SERVICES OR ANY OTHER PROVISION OF SERVICE BY THE COMPANY, AND THE CUSTOMER SHALL NOT REPRESENT OTHERWISE TO ANYONE WITH WHICH IT DEALS.  THE CUSTOMER ASSUMES COMPLETE RISK AND LIABILITY FOR RESULTS OBTAINED FROM USE OF THE GOODS, AND THE CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY GOODS PURCHASED AND/OR RECEIVED FROM THE COMPANY ARE CONVEYED "AS-IS" AND "WITH ALL FAULTS."  WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABILE UNDER ANY CIRCUMSTANCES FOR LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE GOODS, COST OF CAPITAL, COST OF SUBSTITUTES, ADDITIONAL COSTS INCURRED BY THE CUSTOMER, DAMAGES CAUSED BY DELAY, OR CLAIMS OF THE CUSTOMER'S OWN CUSTOMERS OR CLIENTS OR ANY OTHER THIRD PARTIES FOR DAMAGES.  THE CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL BREACHES OF AND DEFAULTS UNDER THIS AGREEMENT BY CUSTOMER AND ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY AND CLAIMS THEREOF FOR INJURY OR DEATH TO ANY PERSON OR FOR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF, CONNECTED WITH OR RELATING IN ANY WAY TO CUSTOMER'S PERFORMANCE OR ACTIONS UNDER THIS AGREEMENT.

 

4.3. Presenting Claims.  The Company shall not be liable under this Agreement for any claims not presented to it in writing within thirty (30) days of either (a) the date of loss or (b) the incident giving rise to the claim.

 

5. Advancing Money.  The Company shall not be obliged to incur any expense, guarantee any payment or advance any money in connection with the delivery, forwarding, transporting, insuring, storing or packaging of the Shipment (or otherwise in connection with the Shipment), unless such funds have been previously provided to the Company by the Customer; further, the Company shall be under no obligation to advance freight charges, customs duties or taxes on any Shipment, and the Company shall not be liable under any circumstances for any fines, penalties or other obligations incurred pursuant to the Company's refusal to advance any of the foregoing amounts pursuant to this Paragraph 5; nor shall any advance by the Company be construed as a waiver of the provisions hereof.

 

6. General Lien on Property.  The Company shall have a general lien on any and all goods, wares and merchandise and/or other property (and documents relating thereto) of the Customer, which are in the Company's possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Company in connection with any Shipment for such Customer; and if such claim remains unsatisfied for thirty (30) days after demand for payment is made, the Company may sell at public auction or private sale, in accordance with the applicable provisions of the Uniform Commercial Code of the State of Washington, such property, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.

 

7. Compensation of the Company; Terms of Payment.  

 

7.1. Compensation.  The compensation of the Company for its services is in addition to, and separate from, the rates and charges of all carriers and other Agents selected by the Company to transport or otherwise deal with the Goods, and such compensation shall be exclusive of any brokerage fees, commissions, dividends or other revenue received by the Company from carriers, insurers and other Agents in connection with the Goods.  

 

7.2. Terms of Payment.  The Company's standard terms of payment, unless otherwise set forth on its final invoice or agreed in writing by the Company, is payment upon the Company's receipt of the Customer's order.  Following receipt of the Customer's order, the Company will issue this Agreement to the Customer, followed by a final invoice detailing the charges incurred in connection with services provided, inclusive of any charges for the use of Agents.  As provided in Paragraph 2.1(a)(1), in the event Additional Costs are unknown at the time of the Company's final invoice, the Customer understands, acknowledges, agrees and authorizes the Company to issue and/or charge the Customer for the Additional costs by way of a subsequent final invoice.  The Company accepts credit card payments subject to the imposition of a 2.5% processing fee on the final invoice amount.  In the event of any referral for collection or action against the Customer for monies due the Company, the Customer shall also pay the expenses of collection and/or litigation, including reasonable attorneys' fees.

 

8. No Responsibility for Governmental Requirements; Indemnity.  It is the responsibility of the Customer to know and comply with marking requirements and other rules of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other government requirements, including regulations of Federal, state and/or local agencies pertaining to the Shipment.  The Company shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the Shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency. The Customer hereby agrees to defend, indemnify and hold the Company, and its assigns, employees and agents, harmless from and against all claims, actions, liability, loss, damages, costs and expenses (including attorneys' fees) arising from or in connection with the Customer's failure to comply with any laws or regulations of any national, state or local governmental entity or agency.

 

9. Loss, Damage or Expense Due to Delay.  Unless the services to be performed by the Company on behalf of the Customer are delayed by reason of the negligence of the Company, the Company shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is negligent, its liability under this Paragraph 9 is limited in accordance with the provisions of Paragraph 4.

 

10. Construction of Terms; Governing Law.  This Agreement shall be construed according to the laws of the State of Washington.  Unless otherwise consented to in writing by the Company, no legal proceeding against the Company may be instituted by the Customer, its assigns or subrogee.

 

11. Resolution of Disputes – Mediation and Arbitration.

 

11.1. Mediation.  In the event of any dispute between any parties to this Agreement that the parties cannot themselves timely resolve to their mutual satisfaction, such dispute shall first be submitted to mediation.  Mediation proceedings shall take place in Spokane, Washington by a duly qualified neutral attorney experienced in mediation or other professional mediator chosen by the parties if the parties can so agree upon selection of the mediator within ten (10) days of either party sending written notice to the other party requesting mediation of the dispute.  In the event the parties cannot timely agree upon selection of the mediator, the mediator shall be selected in the same manner as the single arbitrator as provided below.

 

The mediation shall take place not later than thirty (30) days after selection of the mediator.  Any remaining disputes or issues following completion of the mediation proceedings shall be set forth in writing and subject to final and binding arbitration as set forth below.  Each party to the mediation shall be responsible for their own costs and expenses, and the costs of the mediation proceedings itself, and the fees and costs of the mediator, shall be shared equally by the parties.

 

11.2. Arbitration.  After completion of the Section 11.1 mediation proceedings, the parties shall resolve any remaining unresolved disputes or issues arising out of this Agreement, exclusively by final and binding arbitration.  Any arbitration hereunder shall be in accordance with RCW 7.04 (if applicable to the type of dispute at issue), the Federal Arbitration Act ("FAA") (if RCW 7.04 is not applicable) and to the extent that any issue or procedure covering the arbitration is not adequately addressed by RCW 7.04 or the FAA (as determined by the arbitrator), or if RCW 7.04 and the FAA do not apply, and to the extent not otherwise provided in this Agreement, said issue or procedure shall then be in accordance with the then current rules of the American Arbitration Association ("AAA") that are applicable to the claims asserted.

If a party refuses to honor its obligations under this Agreement, the other party may compel arbitration in either the federal or state court.  The arbitrator shall apply the substantive law of the State of Washington (excluding Washington choice of law principles that might call for application of some other state's law), or federal law, or both, as applicable to the claims asserted.  The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforcement of this arbitration provision, including any claim that all or part of this provision is void or voidable, and any claim that an issue or dispute related to or arising out of this Agreement is not subject to arbitration.  The type and amount of discovery allowed in the arbitration proceedings shall be in the sole discretion of the arbitrator.  Any and all of the arbitrator's orders, decisions and awards shall be final and binding, and may be enforceable in, and judgment upon any award rendered by the arbitrator, may be confirmed and entered by, any federal or state court having jurisdiction.  All proceedings conducted pursuant to this Agreement, including any order, decision or award of the arbitrator, shall be kept confidential by the parties.

 

Unless otherwise specifically required by RCW 7.04 (if applicable to the issue in the dispute), or the FAA (if RCW 7.04 is not applicable to the issue in the dispute), or the applicable AAA rules, the arbitration shall be decided by a single arbitrator.  Said arbitrator shall first be appointed by agreement of the parties, if such agreement can be reached within ten (10) days of receipt of notice by one party that the other party has commenced arbitration proceedings.  In the absence of timely agreement, if the mediator which first heard the dispute was chosen pursuant to the provisions of this Section, then said individual who served as mediator shall also serve as the single arbitrator.  In the absence of timely agreement, and if the mediator was not chosen pursuant to the provisions of this Section, then the parties shall request a list of seven arbitrators versed in the area of law that is the subject of the claim from the AAA in Seattle, Washington.  The parties shall select the single arbitrator from said list, by agreement, if possible, and in the absence of said agreement within ten (10) days of receipt of said list, the arbitrator shall be selected from said list by each party, in turn striking a name from said list until only a single name remains, who shall be the sole arbitrator.  The parties agree that venue for arbitration shall be in Spokane, Washington and that any arbitration proceeding commenced in any other venue shall be transferred to Spokane, Washington upon the written request of any party to this Agreement.  The arbitrator shall issue written findings and award setting forth his or his decisions concerning said arbitration.

 

When arbitration is actually conducted pursuant to this Agreement: (1) the parties shall share equally the obligation for payment of all of the arbitrator's fees and any facility charges, if applicable, to secure the place of arbitration; and (2) if said arbitrator determines that an award of attorney fees and costs to the prevailing party would be fair and equitable under the circumstances at the time of arbitration, then the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all other costs incurred, including reasonable attorney fees and expert witness fees, to the extent that such fees and costs would be allocable if incurred in a court action.

 

SITE TERMS AND CONDITIONS

 

1. Site Terms. Welcome to www.cwproducts.net (the "Site").  The Site is comprised of various web pages operated by Pierce Lane Partners, Inc., a Washington corporation d/b/a CW Products and d/b/a CW Crates & Pallets (the "Company," "we," "us," and "our").  This Site is offered to you by the Company on your acceptance without modification of the terms, conditions, and notices contained herein, including those terms and conditions governing the Company's "Shipping Services," "Packaging Services," and "On-Site Services," as such terms and services are defined and set forth here, and any additional terms, conditions and policies referenced herein (collectively, the "Site Terms").  Your use of the Site, whether you are a browser, vendor, customer, merchant, and/or contributor of content, constitutes your understanding, acknowledgement and acceptance of the Site Terms; if these Site Terms are considered an offer, acceptance is expressly limited to the Site Terms.

 

2. On-Line Storefront; Amendments to Site Terms.  The Company conducts portions of its Packaging Services and other services by way of this Site and the WiX e-commerce platform located here.  Any new features or tools which are added to the Site or WiX platform shall be subject to the Site Terms.  It is your responsibility to check the Site periodically for changes or updates to the Site Terms, and your continued use of or access to the Site following any changes to the Site Terms constitutes your acceptance of the Site Terms.

 

3. No Unlawful or Prohibited Use; Proprietary Rights.  The Company grants you a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Site Terms.  As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Site Terms or any State or Federal law.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, and you may not use this Site to submit false or misleading information or otherwise collect or track the personal information of others.  All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers or service providers and is protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions in any such content and will not make any changes thereto.

 

4. Disclaimer, limitation of Liability and Indemnity.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'WITH ALL FAULTS' BASIS.  THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  ALTHOUGH THE COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER THE COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE COMPANY'S SITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

 

5. Products or Services; Price Changes; Discontinuance.  Certain products or services may be exclusively available through the Site and may have limited quantities.  We have made every effort to display as accurately as possible the colors and images of our products; however, we cannot guarantee that your computer monitor's display of any color will be accurate.  Prices for any products or services offered on the Site are subject to change without notice, similarly, products or services offered on the Site may be discontinued without notice, and the Company shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of a given product or service.

 

6. Termination; Denial of Access.  These Site Terms constitute an agreement that is effective unless and until terminated by the Company.  If in the Company's sole discretion you fail to comply with any term or provision herein, the Company may deny you access to the Site.  In the event of denial of access by the Company, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to the material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Site Terms, shall continue in force.  These Site Terms (including the terms and conditions referenced herein by hyperlink) constitute the entire agreement between you and the Company relating to the subject matter addressed herein.

 

7. Account Information; Use of Site.  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 acknowledge that the Company is not responsible for third-party access to your account.  We may, in our sole discretion, limit or cancel quantities purchased, refuse or cancel service, terminate accounts, or remove or edit content.  In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the order was made.  We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under the age of eighteen, you may use the Site only with permission and supervision of a parent or guardian.

 

8. Third Party Links.  Certain content, products and services available via the Site may include materials from third-parties.  Third-party links on this Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of any third-party links and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

 

9. Content Posted to the Company's Social Media Assets or the Site.  The Company uses a variety of third-party social media websites, communication services and media channels (collectively, "Social Media Assets") to communicate and interact with our customers.  By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content.  To the extent content is submitted, you represent and warrant that: (a) you are the copyright owner or have obtained the owner's permission to use any images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Site Terms; (c) you have obtained the consent of each person, if any, depicted in any images; (d) your content will not contain libelous or otherwise unlawful, abusive or obscene material, and (e) the content will not violate any right of any third-party.  By posting, uploading or providing content to the Site or Social Media Assets, you grant the Company a perpetual, irrevocable, sub-licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.  We may, but have no obligation, to monitor, edit or remove content in our sole discretion.

 

10. Errors, Inaccuracies and Omissions.  There may be information on the Site that contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, shipping and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information regarding any service or product provided or in any way related to the Site, except as may be required by law.  No specified update or refresh date applied to any service or product or related to the Site should be taken to indicate that all information on the Site has been modified or updated.

 

11. Resolution of Disputes – Mediation and Arbitration.

 

11.1. Mediation.  In the event of any dispute between any parties to these Site Terms that the parties cannot themselves timely resolve to their mutual satisfaction, such dispute shall first be submitted to mediation.  Mediation proceedings shall take place in Spokane, Washington by a duly qualified neutral attorney experienced in mediation or other professional mediator chosen by the parties if the parties can so agree upon selection of the mediator within ten (10) days of either party sending written notice to the other party requesting mediation of the dispute.  In the event the parties cannot timely agree upon selection of the mediator, the mediator shall be selected in the same manner as the single arbitrator as provided below.

 

The mediation shall take place not later than thirty (30) days after selection of the mediator.  Any remaining disputes or issues following completion of the mediation proceedings shall be set forth in writing and subject to final and binding arbitration as set forth below.  Each party to the mediation shall be responsible for their own costs and expenses, and the costs of the mediation proceedings itself, and the fees and costs of the mediator, shall be shared equally by the parties.

 

11.2. Arbitration.  After completion of the Section 11.1 mediation proceedings, the parties shall resolve any remaining unresolved disputes or issues arising out of these Site Terms, exclusively by final and binding arbitration.  Any arbitration hereunder shall be in accordance with RCW 7.04 (if applicable to the type of dispute at issue), the Federal Arbitration Act ("FAA") (if RCW 7.04 is not applicable) and to the extent that any issue or procedure covering the arbitration is not adequately addressed by RCW 7.04 or the FAA (as determined by the arbitrator), or if RCW 7.04 and the FAA do not apply, and to the extent not otherwise provided in these Site Terms, said issue or procedure shall then be in accordance with the then current rules of the American Arbitration Association ("AAA") that are applicable to the claims asserted.

 

If a party refuses to honor its obligations under these Site Terms, the other party may compel arbitration in either the federal or state court.  The arbitrator shall apply the substantive law of the State of Washington (excluding Washington choice of law principles that might call for application of some other state's law), or federal law, or both, as applicable to the claims asserted.  The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforcement of this arbitration provision, including any claim that all or part of this provision is void or voidable, and any claim that an issue or dispute related to or arising out of these Site Terms is not subject to arbitration.  The type and amount of discovery allowed in the arbitration proceedings shall be in the sole discretion of the arbitrator.  Any and all of the arbitrator's orders, decisions and awards shall be final and binding, and may be enforceable in, and judgment upon any award rendered by the arbitrator, may be confirmed and entered by, any federal or state court having jurisdiction.  All proceedings conducted pursuant to these Site Terms (mediation, arbitration or otherwise), including any order, decision or award of the mediator or arbitrator, shall be kept confidential by the parties.

 

Unless otherwise specifically required by RCW 7.04 (if applicable to the issue in the dispute), or the FAA (if RCW 7.04 is not applicable to the issue in the dispute), or the applicable AAA rules, the arbitration shall be decided by a single arbitrator.  Said arbitrator shall first be appointed by agreement of the parties, if such agreement can be reached within ten (10) days of receipt of notice by one party that the other party has commenced arbitration proceedings.  In the absence of timely agreement, if the mediator which first heard the dispute was chosen pursuant to the provisions of this Section, then said individual who served as mediator shall also serve as the single arbitrator.  In the absence of timely agreement, and if the mediator was not chosen pursuant to the provisions of this Section, then the parties shall request a list of seven arbitrators versed in the area of law that is the subject of the claim from the AAA in Seattle, Washington.  The parties shall select the single arbitrator from said list, by agreement, if possible, and in the absence of said agreement within ten (10) days of receipt of said list, the arbitrator shall be selected from said list by each party, in turn striking a name from said list until only a single name remains, who shall be the sole arbitrator.  The parties agree that venue for arbitration shall be in Spokane, Washington and that any arbitration proceeding commenced in any other venue shall be transferred to Spokane, Washington upon the written request of any party to these Site Terms.  The arbitrator shall issue written findings and award setting forth his or his decisions concerning said arbitration.

 

When arbitration is actually conducted pursuant to this Agreement: (1) the parties shall share equally the obligation for payment of all of the arbitrator's fees and any facility charges, if applicable, to secure the place of arbitration; and (2) if said arbitrator determines that an award of attorney fees and costs to the prevailing party would be fair and equitable under the circumstances at the time of arbitration, then the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all other costs incurred, including reasonable attorney fees and expert witness fees, to the extent that such fees and costs would be allocable if incurred in a court action.

 

12. Personal Information.  Your submission of personal information through the Site is governed by our Privacy Policy.

 

13. Applicable Law.  The law applicable to the interpretation and construction of the Site Terms and any transaction (including purchases made on this Site) using or related to this Site, shall be the laws of the State of Washington, without regard to the principles of conflict of laws.  You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of the United States and by the laws of the State of Washington.

 

14. Severability.  In the event that any provision of these Site Terms 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 the Site Terms.  Notwithstanding, any severability of an unenforceable portion of the Site Terms shall not affect the validity and enforceability of any other remaining provisions herein.

 

15. Contact Us.  We welcome your questions or comments regarding the Site Terms.  Please feel free to contact us at sales@cwproducts.net.

 

PRIVACY POLICY

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

 

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

 

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

SECTION 2 - CONSENT

How do you get my consent?

 

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

 

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

How do I withdraw my consent?

 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@cwproducts.net or mailing us at: CW Crates & Pallets, 6326 E Sharp Ave., Spokane Valley, WA 99212, United States
 

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

SECTION 4 - WiX

Our store is hosted on WiX. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Payment:

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

COOKIES

We use Session Cookies which are erased when you close your browser and do not collect information from your computer, and Persistent Cookies which are stored on your hard drive until they expire or until you delete them. Types of identifying information collected include web surfing behavior or user preferences for a specific site.

 

SECTION 7 - AGE OF CONSENT

By using this site, 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 given us your consent to allow any of your minor dependents to use this site.

 

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at sales@cwproducts.net or by mail at:

CW Crates & Pallets

Privacy Compliance Officer

6326 E Sharp Ave., Spokane Valley WA 99212, United States