TERMS AND CONDITIONS OF USE (“TERMS”)

For Use of Cleatco Services

This License Agreement is between Cleatco (“we, us or our”) and the individual or company to whom Cleatco will supply the online and/or digital services and materials (“you, your, User, or Customer”). The following terms and conditions govern your use of the Cleatco platform supplied by Cleatco (the “Service”) and the materials and content provided to you and available therein (“Materials”). These terms and conditions are applicable to the website, social media (when possible), and mobile applications owned by Cleatco.

Please read these Terms and Conditions of Use (“Terms” or “Terms of Use”) carefully before using the Cleatco platform (the “Service”) operated by Cleatco.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service, and the products, features, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.

By accessing or using the Service, you expressly agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

Ownership and License The Cleatco platform and the information, computer code, and related functionality appearing, featured, or otherwise displayed on the Cleatco platform are owned by Cleatco and protected under the copyright, trademark, and other laws of the United States. Subject to your compliance with these Terms, Cleatco grants you a limited, nonexclusive, nontransferable, non-sublicensable license to use the Cleatco platform on a personal computer or mobile device solely for your own personal use in strict accordance with these Terms of Use. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Cleatco platform; (b) distribute, transfer, sublicense, lease, lend, or rent the Cleatco platform to any third party; (c) reverse engineer, decompile, or disassemble the Cleatco platform; or (d) make the functionality of the Cleatco platform available to multiple users through any means. Cleatco reserves all rights in and to the Cleatco platform not expressly granted to you under these Terms.

Except as may be explicitly permitted through platform, you may not copy, modify, upload, republish, display, post, license, create derivative works from, or transmit anything you obtain from the Cleatco platform, unless you first obtain our express written consent. Any rights not expressly granted herein are reserved to Cleatco and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Cleatco platform, or the content or information. Any unauthorized use of the Cleatco platform or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity communications regulations and statutes.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantially material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notice of any change may be given in any manner we choose that complies with law. We encourage you to review this page periodically for the most recent version of these Terms. Any use by a User of the Cleatco platform following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms of Use.

Permitted Users

To use the Service, you must be over the age of 13 and reside in the United States. To place an order using the Service, you must be over the age of 18 and reside in the continental United States.

Restrictions on Use

As a condition of your use of the Cleatco platform, you warrant to Cleatco you will not use the Cleatco platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cleatco platform in any way that could damage, disable, overburden, or impair the Cleatco platform or interfere with any other party’s use and enjoyment of the Cleatco platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Cleatco platform. This includes without limitation the following: Provide false or misleading registration information, disclose your username and password to another party, or use an account, username, password or personal information of another user; harvest or collect information about any users of the Cleatco platform; use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Cleatco platform or any content or information from the Cleatco platform; modify the information, content, programs or other materials on the Cleatco platform or hack into or access the Cleatco servers in an unauthorized manner; frame or mirror any part of the Cleatco platform, without the express permission of the Cleatco; upload or input to the Cleatco platform any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Cleatco platform. You agree that your use of the Cleatco platform may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Cleatco platform in violation of these Terms of Use and/or for any purpose that violates any local, state, or federal law of the United States or other jurisdictions, including but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including hacking or other criminal regulations. You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and Cleatco reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.

Passwords and Security

The Cleatco platform may require membership and registration. You agree that if you are issued a username and password in connection with the Cleatco platform, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or username has been lost, stolen, or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

Product Information

Cleatco has made every effort to accurately display the colors of our products that appear on the Cleatco platform. However, due to monitor variations and discrepancies, we cannot guarantee that the display of color on your monitor will accurately match the true color of a product.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on the Cleatco platform at all times. However, there may be occasions when some of the information featured on the Cleatco platform may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional, and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Cleatco product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Cleatco shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cleatco shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged or other payment processed. If your payment has already been charged or processed for the purchase and your order is cancelled, Cleatco shall issue a credit to your credit card account or other form of payment in the amount of the incorrect price.

Trademarks/Third Party Content

Cleatco may display and distribute content and information supplied by third parties on the Cleatco platform. Cleatco does not guarantee the accuracy, completeness, or usefulness of, or endorse, any content or information of any third party. Any opinions, advice, statement, services, offers or other content or information expressed or made available by third parties are those of the respective author or distributor, and not Cleatco. All trademarks, service marks, trade names, logos, trade dress, icons or domain names located on the Cleatco platform are the property of Cleatco, its affiliates, their respective licensors or other third parties. Nothing contained on the Cleatco platform shall be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Cleatco platform, without the express written permission of Cleatco or applicable third party that may own the marks or names displayed on the Cleatco platform. Your use of the trademark, service mark, trade name, logo, trade dress, icon or domain name displayed on the Cleatco platform, or any other content or information on the Cleatco platform, except as provided herein, is strictly prohibited.

Online Orders

When placing an order through the Cleatco platform, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. A breach or violation of any term in these Terms of Use, as determined in the sole discretion of Cleatco may result in an immediate termination of your Services.

Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.

Payment Terms: All applicable prices are set forth alongside the goods offered through the Cleatco platform. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by Cleatco in its sole discretion. Additionally, to the extent that we offer a promotion in connection with any item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). Cleatco reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Return Policy: Return services may be delayed due to COVID-19 safety measures and nationwide shipping limitations. We offer returns within 30 days of purchase. To initiate a return, contact [email protected] for instructions. Returns will not be accepted without prior written approval and instructions from Cleatco. Upon such receipt from Cleatco, you can return your product for store credit, replacement product, or a refund to the original payment method. Return shipping costs apply. The product must be in its original, undamaged condition; disassembled as it was delivered; and in its original packaging, unless the package is too damaged, in which case, use a similarly sized box as the original. Any outbound shipping charge collected on the order will not be refunded.

Disclaimer of Warranties

CLEATCO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CLEATCO PLATFORM, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE CLEATCO PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CLEATCO PLATFORM. ALL INFORMATION AND USE OF THE CLEATCO PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CLEATCO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CLEATCO PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CLEATCO PLATFORM AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CLEATCO PLATFORM, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CLEATCO DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CLEATCO PLATFORM ARE ACCURATE, RELIABLE OR CORRECT; THAT THE CLEATCO PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE CLEATCO PLATFORM ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE CLEATCO PLATFORM IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A CLEATCO PRODUCT FROM CLEATCO OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE, AND USE OF THE CLEATCO PLATFORM DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CLEATCO BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE CLEATCO PLATFORM, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE CLEATCO PLATFORM, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE CLEATCO PLATFORM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CLEATCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLEATCO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless Cleatco, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Cleatco platform, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Cleatco platform. Cleatco has the right to an attorney of its choosing at your expense. Any use of the platform which may result in demands or requests for disclosure in discovery, verification of information or any other information to be provided by Cleatco shall be covered under the above indemnification agreement.

Governing Law

The Cleatco platform is controlled by Cleatco from its offices within the State of Mississippi in the United States of America. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the Cleatco platform will be governed by and construed in accordance with the statutes and laws of the State of Mississippi, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive of the federal and state courts in Mississippi, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. You understand that the rights and information available are complicated and require highly technical skills and understanding, for this reason you waive any request to a trial by jury on any matter related to the use of the Cleatco platform.

Copyright and Trademarks

The trademarks and logos used and displayed on the Cleatco platform are Cleatco’s, or its subsidiaries or affiliates’, registered and unregistered trademarks. Cleatco is the copyright owner or authorized licensee of all text and all graphics contained on the Cleatco platform. All trademarks and service marks of Cleatco that may be referred to on Cleatco platform are the property of Cleatco. Other parties’ trademarks that may be referred to on the Cleatco platform are the property of their respective owners. Nothing on the Cleatco platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Cleatco’s trademarks without its prior written permission. Cleatco aggressively enforces its intellectual property rights. Neither the name of Cleatco nor any of its other trademarks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Cleatco platform or otherwise, without the Cleatco’s prior written permission. If you believe that any content on the Cleatco platform violates any intellectual property right of yours, please contact Cleatco at [email protected]. Should we determine that you have violated this agreement by reproducing or otherwise using our Trademark or other information or graphics without our permission, you will be restricted from accessing the Cleatco platform, and any orders or gift cards will be cancelled with no refund and will be subject to all legal action available under the law.

Contact

These Terms constitute the entire agreement between you and Cleatco regarding your use of the Cleatco platform. If you have any questions regarding these Terms, please contact us at [email protected] or via postal mail to:

Cleatco
878 N. Bierdeman Rd.
Pearl, MS 39208