MBSBATTERY.com and M&B's Battery Company, Incorporated ("M&B's Battery", "M&B's Battery Company", "mbsbattery.com", "us", "we" or "our") require that all visitors to our web site ("Site") read and agree to the following rules and regulations and other applicable laws. By proceeding and accessing the Site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
The entire content included in this Site, including, but not limited to text, graphics, and images is copyrighted as a collective work under United States copyright laws and is the property of M&B's Battery Company, our content suppliers, or our software suppliers. All content on this site that is not the property of M&B's Battery Company is used with permission. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with M&B's Battery Company or to purchase M&B's Battery Company products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited.
All trademarks and service marks not owned by M&B's Battery Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to M&B's Battery Company.
COPYRIGHT INFRINGEMENT AND COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
M&B's Battery Company
1139 Harrison Avenue
Harrison, Ohio 45030
DISCLAIMER and LIMITATION OF LIABILITY
M&B'S BATTERY COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, M&B's BATTERY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, AND DATA ACCURACY. M&B'S BATTERY COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. M&B'S BATTERY COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using mbsbattery.com, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and M&B's Battery Company. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state and federal courts of Hamilton County, State of Ohio, United States of America.
By using this site, you agree release, and agree to indemnify and hold harmless M&B's Battery Company and their respective officers, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of your use of or connection to the Website (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.
If you choose to register an account with mbsbattery.com, you agree to provide us with current, complete, and accurate information as prompted by the registration form, and to maintain and promptly update your profile information to keep it accurate and current. By using the Site, you accept responsibility for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Furthermore, M&B's Battery Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. M&B's Battery reserves the right to refuse service, remove or edit content, terminate accounts and user profiles, or cancel orders at our sole discretion.
The obligation of M&B's Battery Company to sell or provide any product to you is subject to the availability of that product. To the extent M&B's Battery Company provides information on the availability of products, M&B's Battery Company attempts to be as accurate as possible; however, M&B's Battery Company does not warrant that product availability information is accurate, complete, reliable, current, or error-free. M&B's Battery Company will not be liable for any lack of availability of products you may order through mbsbattery.com and M&B's Battery Company will not be liable for damages caused by failure to ship or delay in shipment resulting from conditions beyond the control of M&B's Battery Company.
PRODUCT PRICING; ONLINE PRICES ONLY
All pricing information listed on this website is valid online only. Prices are not valid for any other medium of sale with M&B’s Battery Company and, accordingly, will not be honored.
M&B's Battery Company attempts to describe the products offered on the site as accurately as possible; however, M&B's Battery Company does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by M&B's Battery Company and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
In the event a M&B's Battery Company product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, M&B's Battery Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. M&B's Battery Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, M&B's Battery Company shall issue a credit to your credit card account in the amount of the incorrect price.
M&B's Battery Company agrees to assign to you any assignable warranties M&B's Battery Company receives from the manufacturers of the products sold to you. The warranties set forth in the immediately preceding sentence are exclusive and in lieu of all other warranties whether statutory, expressed, or implied. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, M&B's BATTERY COMPANY EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND M&B's BATTERY COMPANY WILL HAVE NO OBLIGATION OR LIABILITY FOR THE QUALITY OF THE PRODUCTS.
Products to be returned under a manufacturer's warranty claim may only be returned subject to the terms and procedures of the applicable manufacturer's product warranty to M&B's Battery Company for credit or replacement at the sole discretion of M&B's Battery Company. Prior to returning any product to M&B's Battery Company, you must obtain a return materials authorization number ("RMA") from M&B's Battery Company. M&B's Battery Company will issue an RMA within 10 business days after receiving your request. If M&B's Battery Company authorizes the return of a product, you are responsible for paying shipping and insurance costs from its location to M&B's Battery Company; however, if such return is the result of negligence on the part of M&B's Battery Company in the fulfillment of such order, M&B's Battery Company will be responsible for paying such shipping and insurance costs. No returned packages will be accepted without a valid RMA provided by M&B's Battery Company and clearly marked on all returned packages. Products ordered by special request are non-returnable and non-refundable.
For additional information on our Shipping and Returns Policy, see: http://www.mbsbattery.com/shipreturn-14.html
RISK OF LOSS
All products purchased from mbsbattery.com are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
In an effort to provide you with a valuable Site, M&B's Battery Company may choose various third-party web sites to link to from its own Site. M&B's Battery Company has no control over these linked web sites, each of which may have their own privacy and data collection policies, independent of M&B's Battery Company. M&B's Battery Company has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are accessed at your own risk.
M&B's Battery Company may deliver notice to you by means of email, a general notice on the Site, or by written communication delivered by U.S. mail to your address on record.
USE OF SITE
As long as you comply with these Terms and Conditions of Use, M&B's Battery Company grants you a non-exclusive, non-transferable, revocable, limited right to enter, display, and use this Site for your own non-commercial use as a customer of mbsbattery.com. As a condition of your use of this Web site, you will not use any products or services contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You agree not to disturb or attempt to disturb the operation of this Site in any manner. You agree to not attempt to obtain any information through any means not intentionally made available through this Site. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of M&B's Battery Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mbsbattery.com without prior written consent from M&B's Battery Company. You may not use any meta tags or any other "hidden text" utilizing M&B's Battery Company's name or trademarks without the prior written consent of M&B's Battery Company. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by M&B's Battery Company. You may not create any link to use any M&B's Battery Company logo or other proprietary graphic or trademark as part of the link without M&B's Battery Company's prior written permission.
MODIFICATION AND SEVERABILITY
M&B's Battery Company reserves the right to make changes to the Site, policies, and this Terms and Conditions of Use agreement at our sole discretion. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. M&B's Battery Company may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.