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Terms and Conditions

Welcome to ussupply.com (this "Website"). This Website is owned by U.S. SUPPLY COMPANY, INC. and is for the sale of products and services offered on this Website and by our Branch locations and for no other purposes. The terms "we", "us", "our", "US Supply" and "Seller" refer to U.S. SUPPLY COMPANY, INC., a Pennsylvania corporation. The terms "you" "your" and "Buyer" refer to the people visiting this Website and/or contributing content on this Website. The use of this Website and the sale of products and services offered on this Website and through our branch locations are governed by the terms, conditions, disclaimers, guidelines, and other policies appearing on this Website (collectively these "Terms and Conditions" or this "Agreement").

YOUR USE OF THIS WEBSITE AND PURCHASES FROM US SUPPLY ARE SUBJECT TO THESE TERMS AND CONDITIONS, WHICH YOU SHOULD READ CAREFULLY BEFORE USING THIS WEBSITE AND PLACING ANY ORDERS. YOUR USE OF THIS WEBSITE AND PLACING OF ANY ORDER VIA WEBSITE OR FROM OUR BRANCH LOCATIONS CONSTITUTE YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO BE BOUND BY, THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, then please do not use this Website or any services offered by US Supply.

US Supply reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms and Conditions and this Website at any time. US Supply will post the updated Terms and Conditions on this Website and change the "last updated" date as its only notification of such changes. These Terms and Conditions apply to your access to, interaction with, and use of, this Website and inquiries, condition of use, purchase of products and services, and all transactions made directly from our branch locations.

Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase from the Website or branch location, constitutes your acknowledgement that you have read these Terms and Conditions and that you agree to follow and be bound by them. Please review these Terms and Conditions each time you visit this Website or make a purchase from our branch locations to see whether they have been updated since your last visit. Direct all questions or comments to webmaster@ussupply.com.

1. PRODUCTS AND SERVICES

(a) Price and Payment

(i) ALL PRICES ARE SUBJECT TO CHANGES BY SELLER. Buyer will be invoiced at prices in effect at the time of shipment.

(ii) All federal, state and local sales taxes in effect at the time of sale shall be paid by Buyer. US Supply stores and e-commerce sites charge and collect sales/use tax in the states of Pennsylvania and New Jersey when the orders are placed (for customers with COD terms) or shipped (for customers with credit terms). Purchases outside of Pennsylvania and New Jersey may be subject to sales/use tax as determined by states' laws. Purchasers are required to pay sales/use taxes using the appropriate federal, state and local forms.

(iii) The cost of any special packaging or handling caused by Buyer's requirements or requests will be added to the amount of Buyer's order. If Buyer causes or requests a delay of shipment, or if Seller ships or delivers an order erroneously as a result of inaccurate, incomplete, or misleading information supplied by Buyer or Buyer's agents or employees, all storage and other additional cost and risk will be borne by Buyer.

(iv) All accounts are due and payable as specified on the invoice. All past due amounts are subject to finance charges of 2% per month (24% per annum), subject to the maximum rate allowed by applicable state law, plus Seller's collection costs, fees and expenses, including Seller's reasonable attorneys' fees, which in no event shall be less than $500.

(v) Buyer is not entitled to set-off any amounts due to Seller by any amount due by Seller to Buyer in connection with any transaction governed by these Terms and Conditions or any other agreements between Buyer and Seller.

(vi) Buyer agrees to pay Seller the fee charged by Seller's bank plus Seller's administrative expenses for each returned check, in addition to applicable attorneys' or collection agency's fees. The party making a deposit or other payment in connection with a sale agrees to be responsible for all amounts due and payable on account of such sale. Buyer hereby agrees that Seller retains a purchase money security interest in the goods until the same are paid for in full.

(b) Shipment

All purchases of items from Seller are FOB Origination. Therefore, the risk of loss and title for such items pass to Buyer upon Seller's delivery to the shipping entity. Signature will be required for all order values of $500 or more.

(c) Delivery

Products will be shipped to an address designated by Buyer and Seller will make a good faith effort to deliver goods in accordance with the estimated delivery times. Estimated delivery times are determined by the method of shipping Buyer chooses at time of purchase. Seller reserves the right to add the cost of shipping to the purchase price based on the shipping method that Buyer selects. Signature will be required for all deliveries.

(d) Cancellation

Buyer may not cancel, change, or modify an order without the written consent of Seller and payment by Buyer is responsible for all applicable cancellation, freight fee and/or restocking fees.

(e) Suspension of Orders

If Buyer's account is past due, then Seller may suspend or terminate, without liability or notice, all of Buyer's orders.

(f) Special Orders

(i) Special order products, as noted on the order, will be due and payable as specified on the invoice (to include required deposits). A notification will be sent to Buyer when the special order is available for pickup or to arrange delivery. We reserve the right to require Buyer to arrange for pick-up and delivery of a special order.

(ii) Special orders must be picked up or delivered within 30 days after we send you such notification. We reserve the right to resell or return special orders (where permitted) and retain all deposits made for special orders that have not been picked up or delivered within 30 days after we send such notification. If we are unable to return special order products to the vendor, we will invoice you and you will be responsible to pay in full to include freight and restock fees.

(iii) Please refer to the Special and Custom Orders Policy for further information located in the US Supply Virtual Counter Return Policy.

(g) Custom Orders

(i) Custom product orders, as noted on the order, will be due and payable as specified on the invoice (to include required deposits). Custom orders are not returnable, and any ordering errors, including but not limited to, incorrect measurements and color choices, are the sole responsibility of Buyer. A notification will be sent to Buyer when the custom order is available for pickup or to arrange delivery. We reserve the right to require Buyer to arrange for pick-up and delivery of a custom order.

(ii) Custom orders must be picked up or delivered within 30 days after we send you such notification. We reserve the right to resell custom orders and retain all deposits made for custom orders that have not been picked up or delivered within 30 days after we send such notification. If we are unable to resell the custom ordered products, you will be invoiced and responsible to pay in full to include freight and restock fees.

(iii) Please refer to the Special and Custom Orders Policy for further information located in the US Supply Virtual Counter Return Policy.

(h) Quantity Limits

US Supply reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and/or to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied.

(i) Order Acceptance

(i) Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

(ii) US Supply also reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.

(iii) The sale or bid shall not be binding unless and until approved by Seller, and freight and transportation charges will be in addition to such sale or bid, as applicable.

(j) Color and Finishes

Although US Supply attempts to display the colors of the products shown on this Website as accurately as possible, we cannot guarantee that the color you see matches the item color, as the display of color depends, in part, upon the type of computer monitor used by you.

(k) Terms of Sales

No term or condition of a sale may be modified or amended without our prior written consent. The terms and conditions contained herein supersede all prior oral or written negotiations and agreements between you and us and any inconsistent course of dealing or trade practice which may previously have existed. These terms and conditions set forth the complete statement of the contract between us and may be modified or amended only by the subsequent written agreement of both parties. Our offer to sell the goods identified in this document has been expressly conditioned upon your assent to the terms and conditions set forth herein. We expressly object to and reject any different or additional terms included in your request for proposal or quotation, purchase order, acknowledgment form, or other documents.

2. RETURN POLICY

If you are unsatisfied with your purchase, then you may return it to US Supply in accordance with the following terms:

(a) No merchandise will be accepted for return without the applicable sale ticket and Seller's prior approval. A return goods authorization (RGA) must be obtained from Seller prior to returning product. MINIMUM 25% HANDLING CHARGE MAY BE APPLICABLE ON RETURNED ITEMS. All claims must be made within fifteen (15) business days after receipt of goods. Prices prevailing at the time of shipment shall apply to returns.

(b) There will be no credits, refunds or exchanges after fifteen (15) business days from the time of receipt of the merchandise purchased from us online or in the store. There are no credits or refunds on Special or Custom product orders.

(c) Please refer to the US Supply Return Policy for more information.

3. PROPRIETARY RIGHTS

(a) Content

All materials and information, including, without limitation, the US Supply logo, design, text, graphics, other files, and the selection and arrangement thereof, and all products and/or services described on the Website (collectively "Content") are the proprietary property of US Supply and/or its affiliates and/or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission US Supply is strictly prohibited.

(b) Copyright Notice

Materials contained herein are reproduced with the permission of their respective copyright owners. All rights are reserved.

(c) Trademarks

(i) All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of US Supply may not be copied, imitated, or used, in whole or in part, without the prior written permission of US Supply. All other trademarks, registered trademarks, product names, and company names or logos mentioned on this Website are the property of their respective owners.

(ii) US Supply might have trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of this Website. Except to the extent that US Supply may grant licenses to certain intellectual property, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

(iii) You may not use, frame, or utilize framing techniques to enclose any US Supply logo, or other proprietary information, including the images found at this Website, the content of any text, or the layout/design of any page or form contained on any page of this Website, without US Supply's express written consent. Except as noted above, US Supply is not conveying any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of US Supply or any third party.

(d) User Conduct

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.

In addition, you agree not to use this Website to do any of the following:

(i) Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically, or otherwise objectionable;

(ii) Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability, or would violate any local, state, national, or international law;

(iii) Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

(iv) Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose and/or bypass or circumvent any measures employed to prevent or limit access to this Website and/or deep-link to any portion of this Website for any purpose;

(v) "Frame," "mirror" or otherwise incorporate any part of the Website into any other website and/or attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by US Supply in connection with this Website;

(vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or

(vii) Without US Supply's prior written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters.

4. LINKS TO THIRD PARTY WEBSITES

This Website may contain links to other sites that are neither owned nor operated by US Supply (although some such sites may have an affiliation with US Supply) (collectively "Third Party Sites"). Our inclusion of links to such Third Party Sites does not imply any endorsement or adoption of the material on such Third Party Sites or any association with the Third Party Sites and such links are provided for your convenience only. US Supply makes no guarantee as to accuracy or completeness of such Third Party Sites or their privacy or other practices. US Supply does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third Party Sites. The privacy policies applicable to Third Party Sites may differ significantly from our Privacy Policy and you are encouraged to review the applicable privacy policies of such Third Party Sites. Users use these links and Third-Party Sites at their own risk.

5. MINORS

US Supply does not sell products to children. If you are under 18, you may use ussupply.com only with consent of your parent or guardian. Ussupply.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6. SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

7. DISCLAIMER AND LIMITATION OF LIABILITY

(a) ALTHOUGH US SUPPLY ATTEMPTS TO ENSURE THAT THE CONTENT OF THIS WEBSITE IS COMPLETE AND CURRENT, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES, ERRORS, AND/OR OMISSIONS INCLUDING, WITHOUT LIMITATION, INACCURACIES, ERRORS, AND/OR OMISSIONS THAT RELATE TO PRICE, PRODUCT DESCRIPTION, AND/OR AVAILABILITY.

(b) US SUPPLY RESERVES THE RIGHT TO (i) CORRECT ANY ERROR, INACCURACY OR OMISSION OR TO CHANGE OR UPDATE THE CONTENT AT ANY TIME AND/OR (ii) REFUSE OR CANCEL ANY ORDERS CONTAINING ANY ERROR, INACCURACY OR OMISSION, WHETHER OR NOT THE ORDER HAS BEEN SUBMITTED, CONFIRMED, AND/OR YOUR CREDIT CARD HAS BEEN CHARGED. IF YOUR CREDIT CARD HAS BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS CANCELLED, THEN US SUPPLY SHALL PROMPTLY ISSUE A CREDIT TO YOUR CREDIT CARD.

(c) US SUPPLY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MATERIAL OR COMMUNICATION PROVIDERS, INTERNET PROVIDERS, PRODUCT SUPPLIERS, LICENSORS, AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY THE "US SUPPLY GROUP") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY CONTENT.

(d) US SUPPLY DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. US SUPPLY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE US SUPPLY GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY CONTENT FOR ANY PURPOSE. ALL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE US SUPPLY GROUP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

(e) IN NO EVENT SHALL THE US SUPPLY GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE US SUPPLY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(f) IN NO EVENT SHALL US SUPPLY GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ANY SHIPPING DELAYS OR FAILURE TO GIVE NOTICE OF ANY SHIPPING DELAYS, DAMAGE OR LOSS RESULTING FROM INABILITY TO USE THE GOODS, INCREASED OPERATING COSTS OR LOSS OF PRODUCTION OR PROFITS, OR ANY OTHER DAMAGES, WHETHER ARISING FROM CAUSES SIMILAR OR DISSIMILAR TO THOSE ENUMERATED. IN ANY EVENT, SELLER'S MAXIMUM LIABILITY HEREUNDER, WHETHER RESULTING FROM BREACH OF CONTRACT OR NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE GOODS FURNISHED BY SELLER.

(g) US SUPPLY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY E-MAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING ANY MATERIALS FROM OR USE OF THIS WEBSITE. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THIS WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, US SUPPLY RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

(h) US SUPPLY GROUP ARE NOT LICENSED ENGINEERS. ANY CALCULATIONS OR RECOMMENDATIONS AS TO PRODUCT SIZE, CAPACITY OR OTHERWISE PROVIDED TO YOU IS FOR CONVENIENCE ONLY. YOU MAY NOT RELY UPON, AND US SUPPLY GROUP SHALL NOT BE LIABLE FOR, SUCH CALCULATIONS OR RECOMMENDATIONS.

(i) THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION REFLECTS THE ALLOCATION OF RISK BETWEEN BUYER AND US SUPPLY AND INURES TO THE BENEFIT OF US SUPPLY. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS SECTION IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. WARRANTY

Upon delivery of goods to the shipping entity, Seller's responsibility ceases. EXCEPT FOR WARRANTIES PROVIDED BY THE MANUFACTURER, WHICH SELLER PASSES THROUGH TO BUYER, BUYER WAIVES ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please refer to the US Supply Virtual Counter Product Warranty Information Policy for more information.

9. INDEMNIFICATION

Buyer ("Indemnitor") agrees to indemnify and hold Seller, and Seller's shareholders, officers, directors, agents, independent contractors, and employees (collectively "Indemnitee") harmless from any suit, cause of action, judgment or claim ("Claim") for damages to property or bodily injury, loss of life, infringement, liability of any nature, costs, or expenses, including reasonable attorney fees (collectively "Damages") to the extent caused directly by the negligent act or omission or intentional misconduct of Indemnitor. Indemnification shall not apply to Damages proximately caused by the negligence of Indemnitee.

10. ERRORS

(i) Although Seller makes every effort to insure the accuracy of Seller's publications, Seller is not responsible for typographical errors or omissions and reserve the right to refuse to sell at a misprinted or misrepresented price or description.

(ii) Claims for billing errors or adjustments not received by Seller, in writing, within five (5) business days from the invoice date, will be waived by Buyer.

11. NON-WAIVER

The failure of either Seller or Buyer to insist upon the strict performance of any of these Terms and Conditions will not be deemed to be a waiver of any provision or right. No waiver of any of these Terms and Conditions will be construed as a waiver unless in writing signed by a duly authorized representative of the waiving party.

12. ARBITRATION

ANY CLAIM, DISPUTE, OR CONTROVERSY (COLLECTIVELY "DISPUTE") ARISING OUT OF, RELATING TO OR CONCERNING THIS WEBSITE AND/OR THIS AGREEMENT WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN THE JURISDICTIONAL LIMIT OF THE MAGISTERIAL DISTRICT COURT (THE "MDC") HAVING JURISDICTION OVER US SUPPLY COMPANY, INC.'S HEADQUARTERS SHALL BE SUBMITTED TO THE MDC. ANY DISPUTE ARISING OUT OF, RELATING TO OR CONCERNING THIS WEBSITE AND/OR THIS AGREEMENT WHERE THE AMOUNT IN CONTROVERSY IS ABOVE THE JURISDICTIONAL LIMIT OF THE MDC SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF THE JUDICIAL ARBITRATION & MEDIATION SERVICE ("JAMS") AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN IN THE COUNTY IN PENNSYLVANIA CLOSEST TO US SUPPLY'S HEADQUARTERS AT THE TIME OF THE DISPUTE. THE DECISION OF THE ARBITRATOR SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THESE ARBITRATION PROVISIONS SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

13. GOVERNING LAW; JURISDICTION AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law principles to the contrary. For any Dispute not subject to Arbitration, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located nearest to US Supply headquarters in the Commonwealth of Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Conditions.

14. ENTIRE AGREEMENT

This Agreement contains the entire understanding between Seller and Buyer with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written. None of these Terms or Conditions may be modified or amended without Seller's prior written consent. Seller expressly objects to and rejects any different or additional terms included in Buyer's request for proposal or quotation, purchase order, acknowledgment form, or other documents.

15. CONTACT

Direct all inquiries regarding invoices/statements to: 610-828-5600 or email credit@ussupply.com. Written Inquiries should be directed to

US Supply Company, Inc.

50 Portland Road,

P.O. Box 367

W. Conshohocken, PA 19428

 

 

PRODUCT DISCLAIMERS

HVAC Disclaimer

It is highly recommended (and required in certain municipalities) that you hire a licensed, professional to evaluate, size and install this equipment. Improper installation of equipment could cause catastrophic damage or injury if the unit is not installed properly. Most manufacturers require this equipment to be installed by a qualified installer and VOID warranty coverage on equipment not installed by qualified technicians. The installation of these HVAC systems includes electrical, gas and refrigerant connections which is generally regulated by laws, codes and guidelines at the federal, state and local levels.

License and Permit Requirements

It is common that an HVAC installer must be licensed by the state or municipality in which the HVAC equipment is to be installed. Some jurisdictions may, in addition, have permit requirements. (Consult your local laws and rules to determine the requirements imposed by your jurisdiction.) Further, local building codes often require that specific types of HVAC connections be made by licensed professionals. For example, licensed plumbers may be required to make any gas or water connections necessary in the installation of an HVAC system; and licensed electricians may be required to make all electrical connections to the HVAC system.

Refrigerant Rules

All HVAC cooling equipment and systems require the use of a refrigerant gas that is compressed and liquefied during the cooling cycle. The two most common refrigerants in the HVAC industry are identified as R-22 and R-410A. Federal, state, and local laws and guidelines are applicable to the introduction, reclamation, and recycling of these refrigerants. Violation of such laws may result in fines to any non-licensed or non-certified HVAC installer. Consult your local laws and guidelines for full details.

Hydronic Disclaimer

It is highly recommended (and required in certain municipalities) that you hire a licensed, professional to evaluate, size and install this equipment. Improper installation of equipment could cause catastrophic damage or injury if the unit is not installed properly. Most manufacturers require this equipment to be installed by a qualified installer and VOID warranty coverage on equipment not installed by qualified technicians. The installation of these Hydronic systems includes electrical, gas and water connections which is generally regulated by laws, codes and guidelines at the federal, state and local levels.

License and Permit Requirements

It is common that a Hydronic installer must be licensed by the state or municipality in which the Hydronic equipment is to be installed. Some jurisdictions may, in addition, have permit requirements. (Consult your local laws and rules to determine the requirements imposed by your jurisdiction.) Further, local building codes often require that specific types of Hydronic connections be made by licensed professionals.

Tracpipe Products

Tracpipe products are to be installed ONLY by a licensed plumber/HVAC installer that has successfully completed the OmegaFlex/Tracpipe certification test. The Virtual Counter review team will review all orders for compliance and may request your certification before shipment of this item.

Chemical Products

This item is to be purchased only by licensed plumber/HVAC professionals. This item is not for retail use or sale. The Virtual Counter review team may reject your purchase upon review of order.

Free Local Delivery Disclaimer

Typically, delivery must be within a 15 mile radius of a US Supply Branch to qualify for free local Delivery. Selecting local Delivery outside the 15 mile radius will automatically default to a Ground shipment charge.

 

WARRANTY POLICY

US Supply Virtual Counter™ and Branch Warranty Information

The buyer's sole and exclusive warranty, if any, is that provided by the product's manufacturer. Seller makes no expressed or implied warranties. Seller hereby disclaims all expressed or implied warranties, whether implied by operation of law or otherwise, including without limitation, all implied warranties of merchantability and fitness or fitness for a particular purpose. Under no circumstances, and in no event, will seller be liable for personal injury or property damage or any other loss, damage, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with design, manufacture, sale transportation, installation, use or repair of the products sold by seller. Buyer hereby acknowledges and agrees that under no circumstances, and in no event, shall seller's liability, if any, exceed the net sales price of the defective product(s); no additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same. Except as expressly set forth in the paragraph, all products and/or services provided by seller and its employees and agents are provided "as is," "where is," and "with all faults."

 

RETURN POLICY

US Supply Virtual Counter™ and Branch Return Policy

At US Supply, we want you to get the perfect product for your project and be happy with the result. We realize that you may receive something that turns out to be not what you needed or wanted, and if a product needs to be returned we will strive to make that process easy for you. Use the information on this page for help with returns and cancellations on orders placed with the US Supply Virtual Counter.

Any item purchased on the US Supply Virtual Counter or directly from our Branch locations (that is a stock item order – non special/non custom order) may be returned up to 15 days of receipt of the product. No restocking fee will be charged. Initial shipping charges are not refundable and buyer must pre-pay the return shipping costs*. Items which are approved for return and are returned over 15-days, may be subject to a MINIMUM 25% HANDLING CHARGE ON THE RETURNED ITEMS PLUS FREIGHT.

All products must be returned in 'AS NEW' condition - which requires the product to be in its original packaging and in 100% resalable condition (unless product is deemed defective).

We are here to provide you with the best possible Virtual Counter and Branch experience, so please call 888-878-2050 for any questions about completing the return process.

Returns

Call us at 888-878-2050 and let us help you set up your Return Goods Authorization (RGA) which provides you with authorization to your package. Only items with a pre-approved RGA will be eligible to receive credit.

No merchandise will be accepted for return without the sale ticket or invoice number and our prior approval. A MINIMUM 25% HANDLING CHARGE ON RETURNED ITEMS over 15 days will be deducted from the credit.

All claims must be made within fifteen (15) business days after shipment of goods. Prices prevailing at the time of shipment shall apply to returns. SPECIAL ORDERS MAY BE CANCELED OR RETURNED ONLY IF APPROVED BY US, AND ARE SUBJECT TO HANDLING, FREIGHT AND RESTOCKING CHARGES. Products that are uninstalled (unless defective) will receive credit only. Special Order items that are deemed defective can be returned only as per our special-order policy below.

Common carrier services

To return items that were delivered via common freight carrier deliveries (AKA – truck or LTL deliveries), please call us so that we can assist to arrange for pick-up of your product. US Supply Virtual Counter will accept returns from common freight carriers that are arranged by our customer care department only. Give us a call for help with common freight carrier returns at 888-878-2050.

*Return freight charges are the customer's responsibility. Customer will be notified of these freight charge policies at the time the return request is processed.

Refunds

Returns are inspected at our warehouse upon receipt. Credit will be given to items we determine have not been installed or used in any way (except in case of defect). We will issue a refund for qualifying returned merchandise within 15 days of receipt. We will issue credit to special order returns that are deemed defective only.

Damaged orders

Inspect all shipments upon delivery prior to signing or accepting delivery. Customers are responsible for damaged products if approval signature is received. Our Virtual Counter team will help you if your shipment appears to be damaged. Please refuse delivery of damaged material and notify our US Supply Virtual Counter immediately by calling 888-878-2050. Please do not sign for the material. Claims for common carrier deliveries that are signed for without damage noted by the customer must be filed by the customer directly with the common carrier. Our Virtual Counter and Branch Associates will work to resolve concealed damage shipments on UPS or FedEx deliveries that are reported within 48 hours and will file a claim on behalf of the customer.

If you would like to return a product, we will help by issuing a Return Goods Authorization (RGA). To obtain an RGA and shipping instructions, please call our US Supply team at 888-878-2050. Requests for returns are generally processed within 2-4 days. You will receive your RGA via email which is provided. You are responsible for returning the items within 30 days once an RGA number is issued. Items returned over this 30-day time period, may be charged a minimum of 25% RESTOCKING FEE.

Please note: US Supply will accept and issue a refund for items returned with an AUTHORIZED RGA ONLY.

Cancellation policy

For stock product orders (not special or custom order products), you may cancel your order for any reason and receive a full refund prior to your order being shipped. Typically, most orders are shipped the same day they are received. Our Virtual Counter department can inform you of the status of your order and advise you if the order can be cancelled for a full refund. Once an item is shipped the terms of our Returns policy will take effect.

Special & Custom Orders

We make all efforts to order products for our customers that are hard to find elsewhere and are outside of our regular inventory. These orders are considered custom or special orders. A Virtual Counter or Branch Representative can help you place orders for special order items. You will be notified prior to placing the order that the item is a special order and is non-returnable (unless defective). You may be able to cancel the special order prior to being shipped by contacting the US Supply Virtual Counter at 888-878-2050. Our US Supply Associates are here to help you! For any questions about the US Supply return process, cancelling an order or special/custom orders, please call us at 888-878-2050.

 

PRIVACY POLICY

US Supply Virtual Counter™ and Branch Privacy Policy

Introduction

Thank you for visiting our US Supply Virtual Counter and/or Branch locations. This privacy policy ("Privacy Policy") applies to our Branch locations and to the websites that post this Privacy Policy, including, without limitation, www.store.ussupply.com (each a "Site" and collectively, the "Sites") (however accessed and/or used, whether via personal computers, mobile devices or otherwise), which are owned and operated by US Supply Company, Inc. ("US SUPPLY" or "we," "our," or "us"). This Privacy Policy also applies to widgets, applications, interactive features and/or downloads that are owned or operated by US SUPPLY and available through the Sites, or that post a link to this Privacy Policy. This Privacy Policy covers information collected at the Sites and does not cover any information collected at any other website or offline by US SUPPLY (unless specifically stated).

We want you to enjoy your experience on the Sites, so it's important for you to understand our practices for information we collect about you from the Sites, including the types of information we collect regarding visitors to the Sites and how we may use that information. This Privacy Policy explains these practices. Please review this Privacy Policy carefully. In addition, please review the Sites' Terms of Use, which governs your use of the Sites.

Consent

BY USING THE SITES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SITES, YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY.

Information You Provide To Us

We may ask that you provide us, or otherwise give you the opportunity to provide us, with certain categories of information, such as: (1) personally identifiable information (i.e., information that can reasonably be used to identify you personally, or information associated with the foregoing) such as your name, email address, birth date, credit card number, social security number, and physical address (any of the foregoing, "Personal Information"); and (2) demographic information, such as gender, zip code, or similar information ("Demographic Information"). We may collect this information through various forms and in various places on the Sites, including account registration forms, credit/financing applications, if you maintain a "wish list," sweepstakes and contest entry forms, email newsletter sign-ups, or when you submit information, communicate or otherwise interact with us. We do not consider Demographic Information about you to be Personal Information unless it is associated with Personal Information so as to permit identification of you. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

Information We Collect Via Technology

In addition to any Personal Information or other information that you choose to submit to the Sites, we and our third-party service providers may use a variety of now and later developed methods or technologies that automatically or passively collect certain information whenever you visit or interact with the Sites ("Usage Information"). This Usage Information may include the browser you are using, the URL that referred you to our Sites, all of the areas within our Sites that you visit, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites and your interaction with them. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other devices used to access the Sites (any, a "Device"). A Device Identifier is a number that is automatically assigned to your Device used to access the Sites, and our computers identify your Device by its Device Identifier. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

A few of the methods and technologies that may be used to collect Usage Information include the following:

Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. We use cookies to personalize content and to provide social media features and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you've provided to them or that they've collected from your use of their services. If you choose to disable cookies or Flash cookies on your Device, some features of the Sites may not function properly.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.

Purchases Made Through Our Sites

We may contract with third parties to provide services such as online order selection and fulfillment services for the products available on our Sites ("Products"). You acknowledge and agree that you may be leaving our Sites to select Products and place your Product order. Such third parties' websites are subject to such sites' policies, and when you are on those sites, those sites' privacy policy and not this Privacy Policy govern the collection of information from you.

Personal Information from Other Sources

We may from time to time supplement the information we collect about you online with information from other sources, such as information validating your address or information you provided to us through one of our retail stores, including, without limitation, in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. Thus, information we obtain may be intermingled with and used in conjunction with information obtained through other sources, including both offline and online sources. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have stated otherwise.

You may also choose to participate in a third party application (such as one of our Facebook applications or a similar application on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application, in which case we will no longer collect information about you through the application, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "friends" or information about you is otherwise accessible through your friend's web page, profile page, or similar page on a social networking or other third party web site or interactive service.

Information You Provide About A Third Party

If you send someone else a communication from the Sites, such as sending an article to a friend or information about Products, we use the information you provide (typically, names and email addresses) to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person.

Use of Information

US SUPPLY may use your Personal Information, Demographic Information or Usage Information: (1) to provide you with products, information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Sites' features such as online entry sweepstakes, message boards and other communication features, user-generated content functions, and interactive features; (3) to process your registration with the Sites, including verifying your email address is active and valid; (4) to improve the Sites or our services, to customize your experience on the Sites, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the Sites and, in our discretion, changes to the Sites and/or Sites' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Further, we may use third party analytics and other service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. We do not share Personal Information with these analytics service providers, but they may set and access their own tracking technologies and methods such as cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including Usage Information. This Privacy Policy does not govern such third party tracking technologies but does govern our collection and use of your Usage Information we receive in connection therewith.

Please note that when you submit information to the Sites via a "contact us" or other similar function, you may not always receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.

Disclosure of Information

US SUPPLY may share Usage Information and Demographic Information with third parties. Except as set forth in Section (f) below, we do not share your Personal Information with third parties for those third parties' marketing purposes unless you consent to such sharing at the time you provide your Personal Information. Notwithstanding anything herein to the contrary, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

(a) When You Agree To Receive Information From Third Parties. You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree (or, as applicable, do not decline) to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from third parties. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites' features, tracking Site analytics, enabling you to purchase Products and enabling US SUPPLY to send you email newsletters or perform other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for US SUPPLY.

(c) Co-branded Areas. Certain areas of the Sites may be provided to you in association with third parties ("Co-Branded Areas") and may require you to disclose Personal Information in order to register for and access Products. Such Co-Branded Areas will identify the third party associates. If you elect to register for Products and/or services at Co-Branded Areas you may be providing your information to both US SUPPL and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies.

(d) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Sites that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions and official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

(e) Administrative and Legal Reasons. We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Sites' Terms of Use or other policies applicable to the Sites; or (iv) to protect the personal safety, rights, property or security of any individual. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

(f) Business Transfer. US SUPPLY VIRTUAL COUNTER may share Personal Information with its parent and its and their subsidiaries and affiliates. US SUPPLY VIRTUAL COUNTER also reserves the right to disclose and transfer all information related to the Sites, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database; or (ii) in connection with a corporate merger, change of control, consolidation, restructuring, the sale of substantially all of US Supply Virtual Counter's assets or other corporate change, including, without limitation, during the course of any due diligence process.

Your Choices Regarding Your Personal Information

When you receive promotional emails from us, you may indicate a preference to stop receiving such communications from us and you will have the opportunity to "opt-out" by following the instructions in the applicable email. If we contact you by telephone for promotional purposes, you may notify us at that time if you do not wish to receive further promotional telephone communications. Note that if you've provided multiple forms of contact information at different times, you may have to opt out for each set of contact information that you have added to your account. If you don't want to reply to an e-mail or you receive, or want a simpler way to opt out of receiving e-mails from us, you can just tell us what you want by contacting:

US Supply Company, Inc.

50 Portland Road

PO Box 367

West Conshohocken, PA 19428

Phone: 610 828-5600

We may contact you for service-related purposes (such as, but not limited to, notice that we have changed the Sites or the Privacy Policy) when we believe it necessary or advisable to do so. You may not opt out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to terminate your account. You understand that any such termination of your account may involve deletion of your Personal Information from our live databases. US SUPPLY will not have any liability to you for any termination of your account or related deletion of your information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Sites may allow you to review, correct, change or update certain of the Personal Information in your account by logging in to your account and editing it, provided that it remains accurate, complete, and up to date. US SUPPLY will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.

You may request that we delete or destroy your Personal Information. We will make good faith efforts to delete or destroy any Personal Information that we have collected about you, solely to the extent permitted by law. When we delete electronic information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

Information I Disclose Publicly

(a) User Generated Content, Social Networking and Public Information. The Sites may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, communications, or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking or other online activities through the Sites, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content or social networking and other online activities. Please note that US SUPPLY does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Notwithstanding anything to the contrary herein, this Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Sites. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Sites.

(b) Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content, and US SUPPLY may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to the Sites, please review our Terms of Use.

Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Sites and provide us with your information at your risk.

Links to Other Sites

When you use the Sites, you could be directed to other sites that are beyond our control. For example, if you "click" on a banner advertisement, or a link, the "click" takes your browser off the Sites. We have no control over, do not review and are not responsible for the privacy policies of such other websites or other locations. These other sites and locations may send their own cookies or other tracking technologies to users, collect user data, or solicit Personal Information.

Transfer of Information to the United States

The Sites are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Sites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

Changes in this Privacy Policy

US SUPPLY reserves the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, US SUPPLY will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.

Contact us:

US Supply Company, Inc.

50 Portland Road

PO Box 367

West Conshohocken, PA 19428

Phone: (610) 828-5600

 

This Privacy Policy was last updated October 9, 2018.