PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of usexplosivestorage.com. The collective work includes works that are licensed to usexplosivestorage.com. Copyright 2009, usexplosivestorage.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with usexplosivestorage.com or purchasing usexplosivestorage.com products. 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 usexplosivestorage.com or to purchase usexplosivestorage.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by usexplosivestorage.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade/brand names of usexplosivestorage.com used in the site are trademarks or registered trademarks of usexplosivestorage.com
Site Usage Disclaimer
U.S. Explosive Storage does not represent or warrant that the functions contained in this website will be uninterrupted or error free. U.S. Explosive Storage has made all known attempts to ease of site use and trouble free access, however no warranties are made regarding the use of the materials and information as they are presented on the website.
Limitation of Liability
usexplosivestorage.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if usexplosivestorage.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a usexplosivestorage.com product is mistakenly listed at an incorrect price, usexplosivestorage.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. usexplosivestorage.com reserves 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 cancelled, usexplosivestorage.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by usexplosivestorage.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the state of Kentucky, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of usexplosivestorage.com products) shall be in the state or federal courts located in Nelson County, Kentucky. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of usexplosivestorage.com products) must be commenced within one (1) year after the claim or cause of action arises. usexplosivestorage.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. usexplosivestorage.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless usexplosivestorage.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
GOVERNING LAW; LIMITATIONS
These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Kentucky, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Kentucky , and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
Actions by US Explosive Storage for nonpayment by the Purchaser of the purchase price of products sold by US Explosive Storage , or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by US Explosive Storage , at its option, before any judicial court of competent jurisdiction. At US Explosive Storage ‘s option, disputes between the Purchaser and US Explosive Storage , including all claims for non-performance by US Explosive Storage , shall be finally settled by arbitration in Kentucky, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Kentucky, USA.
MODIFICATION OF TERMS
US Explosive Storage ‘s acceptance of any order is subject to purchaser’s assent to all of the terms and conditions of access and sale as set forth herein. Purchaser’s assent to these terms and conditions shall be presumed by Purchaser’s acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon US Explosive Storage unless agreed to by US Explosive Storage in writing.
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
The terms and conditions in US Explosive Storage’s website Terms of Access, Terms of Sale, Quotations, Invoices, and Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and US Explosive Storage.