• Terms of Sale
• California Rights
Last Updated: June 1, 2019
Demco and its suppliers may collect or receive the types of information described below in connection with your access to and use of the Site (together, "Collected Information").
We Collect Information that You Submit
User-Generated Content. You acknowledge that the Site may allow you to enter, submit, upload, or transmit content via the Site that is then made available to other users of the Site ("User-Generated Content"). User-Generated Content that you provide is posted on the Site at your own risk. We cannot guarantee that submitted User-Generated Content will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content that you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other users of the Site. Demco will make User-Generated Content available to other users of the Site, as applicable, and will use and disclose User-Generated Content for the purpose for which it was provided, for example, to publish user comments on our blog and to display product reviews.
Order & Payment Information. Payments submitted through the Site must be made by credit or debit card or, for institutional accountholders with prior approval (obtained via a credit application), by using an existing business account. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. Demco does not directly access, handle, or store credit or debit card information. To submit a payment you will need to submit your name and your credit or debit card type, number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If you submit payment via check or ACH, you will need to provide your bank account number and routing number. We will maintain a record of the orders placed and payments made using the Site.
Mailing List Information. If you sign up or otherwise opt in to receive promotions from us, you will need to submit your name and email address. We will use this information to provide you with promotional and other electronic communications. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email. We may use third-party email providers to deliver these communications to you. To sign up to receive our hard copy catalogs, you will need to also submit your mailing address and telephone number.
Refer a Friend. If you choose to use our referral service to tell a friend about our products or services, we will ask you for your friend's email address. We will automatically send that person a one-time email invite to visit the applicable Demco website. We will store this information for purposes of sending this one-time email and tracking the success of our referral program.
Other Information We Collect
We also collect and use the following types of information:
IP Addresses and Related Data. We may collect (or have collected on our behalf) data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Site, including Internet protocol ("IP") addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), your approximate geographic location, your browser type, the pages you access on the Site, the length of time you spend on the Site, date and time stamps, and clickstream data. Demco may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Site's content and the products, services, materials, and other content that we describe or make available through the Site. We may combine this information with other Collected Information (including personal information) and information obtained from third parties for the purposes discussed herein. The suppliers that we use to provide the Site may collect information about your visits to and use of the Site. Some of this information may be collected using cookies and similar tracking technologies as explained further below under "Cookies."
Geographical Location Information. In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Site. This includes both geographical location information that you input using the Site (e.g., when you enter your physical address) and geographical location information collected by device-based location services, such as GPS data and data collected by similar technologies. You may choose to allow us to access your location by granting the Site access to your location when prompted or through your device's location services settings. If you do not want us to use your specific location information collected, you may opt out of that use through your device's location services settings.
A cookie can either be a "session" cookie or a "persistent" cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser. Persistent cookies exist for a set period of time, for example, six months or one year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed below.
The Site may also use Flash cookies, which differ from the browser cookies discussed above with respect to the amount and types of data collected and how the data is stored. Cookie management tools provided by your browser will not remove and cannot manage Flash cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe's website here.
How We Respond to Do-Not-Track Requests. Because of the automated collection of data using cookies on the Site as discussed above, we do not honor "Do Not Track" requests.
Website Analytics. The Site uses third-party analytics tools (e.g., Google Analytics, FullStory, and Bazaarvoice) to collect and process information about your use of the Site, including when you visit the Site, URLs of the websites that you visit prior to visiting the Site and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this information and your web browser will automatically send information collected by those cookies to our analytics providers. This information is stored on the analytics providers' servers. Our analytics providers use this information to provide us with reports that we will use to improve the Site's structure and content, for example, reports about Site traffic and user visits to the Site.
Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising retargeting services provided by Facebook (sometimes referred to the Facebook "tracking pixel") or other social media platforms. These services collect information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your personal information. These targeted advertisements may appear on the Site or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer's interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer's specific interests. This practice is often referred to as "online behavioral advertising." For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.
Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Site and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. Additionally, we may enable and implement various Google Analytics Advertising Features on the Site, such as: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager integration, Display & Video 360 integration, Google Display Network (GDN) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Site. Demographics and Interest reporting uses a third-party cookie to collect information about our Site traffic by tracking users across websites and across time, which generates a report for us to better understand Site users. Campaign Manager integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. Google Display Network ("GDN") Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Site users by sorting our Google Analytics data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google's collection or use of this information, visit Google's Safety Center and Google's Ad Settings and follow Google's personalized ad opt-out instructions. Opting out will not affect your use of the Site.
If you do not want social media platforms to collect information relating to you via the Site or to link information collected via the Site to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Site; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Site or other websites and delete all related cookies; and, (d) where the option made available by a social media platform, disable the advertising services and networks operated by that platform.
To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.
Social Media. The Site may allow you to connect to and share information with various social media platforms, for example, Facebook, Twitter, LinkedIn, and Pinterest,but the Site will not log you in to those social media platforms automatically. These features may require us to implement cookies, plug-ins, and application protocol interfaces (APIs) provided by those social media platforms to facilitate those communications and features. We may share information that you provide us or that we may collect about your use of the Site with those platforms and that information will be subject to their privacy policies. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use of your information or content by a third party platform, which you use at your own risk. We encourage you to review those platforms' privacy policies:
How We Use and Disclose Collected Information
Purpose Collected & Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to administer Demco accounts, to provide customer support to Site users, and to provide Site users with information and communications that they request. Location information will be used to understand where Site users are located. User-Generated Content will be made available to other users of the Site as applicable and will be disclosed for the purpose for which it was provided as discussed above.
Sharing Collected Information with Other Third Parties. We may share Collected Information with third parties who have products or services that we think may be of interest to you. You may opt out of receiving communications from any such third party pursuant to that third party's policies. We do not control any third parties or their policies.
Evaluation and Improvement of the Site and our Products and Services. We may use Collected Information: to analyze, develop, and improve our products and services (including the Site) and the content, materials, products, and services that we make available, through the Site or otherwise, to inform marketing and communication plans and strategies, to evaluate user needs and customize Site content, promotional emails, and your browsing experience, and for other legitimate and lawful business purposes.
Security and Protection of Rights.We may use and share with third parties Collected Information to the extent permitted by applicable law, including, if it is reasonable to do so in our sole discretion, in the event of a subpoena, court order, law enforcement request, or other security issue. We also use and share with third parties Collected Information if we believe doing so is necessary to protect our rights or the rights of others. This includes disclosing information that is necessary to identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies.
Aggregate Data. We may aggregate personal information and other Collected Information to create anonymous aggregate data on Site users, which describes users as a group but does not reveal the identity of individual users. We may use aggregate data to understand Site users' needs, to determine Site user demographics and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich the Site and our other products and services.
Accessing and Updating Your Personal Information
If you wish to have access to your personal information in our records, please contact us with your request at email@example.com.You may also request that we update personal information or correct any factual errors that you believe may exist regarding this information.
Access from Outside the United States
If you are accessing or using the Site from outside the United States, please be aware that Collected Information may be transferred to, stored in, and processed in the United States (where our and our suppliers' servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you are accessing the Site.
We have taken physical, technical, and administrative precautions to help protect against unauthorized access, alteration, disclosure, and destruction of information under our control, including Secure Sockets Layer (SSL) technology and firewalls.
The storage and communication of information can never be completely secure, so we cannot and do not guarantee that email messages, other communications, or information provided to us will be completely secure. For this reason, we discourage, for instance, the transmission by email of any information deemed sensitive.
Access by Children
The Site is not directed at children under 13 years of age. We do not knowingly collect or use information from children under 13 through the Site.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.
- Intellectual Property Rights. The Site and the products made available via the Site, including all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, are exclusively the property of Demco or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Demco or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 1999-2019 Demco, Inc. All rights reserved.
- Compliance with Laws. You are responsible for complying with all laws and regulations that apply to your access or use of the Site, including all applicable rules regarding online conduct.
- Restrictions on Your Use of the Site.
- You may download and print one copy of the Site's visible content for your own internal use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
- You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Demco's prior written consent.
- You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Demco.
- You will not use the Site for unlawful purposes.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
- You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
- You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- Your Account. You will be required to set up an online Demco customer account in order to purchase products using the Site. You will be required to submit certain information in order to create your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please immediately change your password and notify us at firstname.lastname@example.org. You will not transfer your Demco customer account to or share your account with any other person. Your account is personal to you.
- Account Suspension, Deactivation, and Termination. Demco may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Demco customer account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us using the contact information below. You understand that any User-Generated Content (as defined below) you have provided may remain in our back-up systems and may continue to be accessible by other Site users.
- Terms of Sale. All orders of products made available on or ordered using the Site are subject to our Terms of Sale, in addition to these Terms.
- Job Opportunities. The Site may allow you to submit job applications for posted job opportunities. You will not provide any resume or other job application materials for any person other than yourself. You warrant that all information contained in any job application you provide is current, accurate, and complete. Your submission of a job application does not in any way require Demco to review that application or consider you for employment. Job opportunities posted on the Site are subject to change at any time, at our sole discretion and without notice.
- Grants Search. The Site may include or link to databases of grants available to libraries and educational institutions. Those databases and their related search functionalities are provided by our third-party licensors and Demco is not responsible for those third parties' policies or practices. Demco makes no representation or warranty of any kind with respect to any grants databases or related information made available via the Site, including with respect to the appropriateness of any such grants or information for your organization.
- User-Generated Content.
- The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Site, including by commenting on blog posts and by submitting product reviews, and to respond to content provided by others (together, "User-Generated Content"). User-Generated Content is neither generated nor controlled by Demco. Demco is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.
- By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Demco to violate any law or regulation. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to Demco below.
- Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You will not provide any other person's private or confidential information without that person's permission.
- User-Generated Content may be monitored. Demco reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Demco also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the Site. Demco has no obligation to archive or otherwise store any User-Generated Content. Demco reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.
- If you delete or replace User-Generated Content that you have provided (where those options are available), you understand that it may remain in our archives for a period of time and that Site users who have otherwise accessed that User-Generated Content may continue to have access to and use it.
- If you provide User-Generated Content, you grant Demco an unlimited, perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and distribution methods now known or later developed) that User-Generated Content. You understand that this license allows us to use User-Generated Content to develop and market products and services. You understand that we may modify User-Generated Content that you provide.
- If you believe that anything on the Site infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Site violates a law or regulation or breaches any provision of these Terms, please notify us at email@example.com.
- NO WARRANTY. THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. DEMCO MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT MATERIAL, DATA, AND OTHER INFORMATION ON THE SITE (EXCLUDING ANY USER-GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. DEMCO DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. DEMCO DOES NOT WARRANT OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. DEMCO IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEMCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. DEMCO HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM DEMCO OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEMCO, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, "DEMCO PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE), OR ANY PRODUCTS MADE AVAILABLE ON OR ORDERED USING THE SITE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A DEMCO PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND THE PRODUCTS.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL DEMCO PARTIES' LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless Demco Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your purchase of products using the Site or your use thereof, your submission of User-Generated Content, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from Demco, in which case you may use any graphic badge provided by Demco to link to the Site, and, in any case, the link must be and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Demco's names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Demco; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame. Demco reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
- Force Majeure. Demco will not be liable to you for any delay or other failure to perform under these Terms, including the Terms of Sale, that is due to causes beyond Demco's control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, and similar causes and events.
- Feedback. Demco welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Demco in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign your rights under these Terms without our prior written consent.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Demco may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us by email at firstname.lastname@example.org, by telephone at 800-962-4463, or by mail at Demco, Inc., P.O. Box 7488, Madison, Wisconsin 53704.
Terms of Sale
The prices and availability of Products may change at any time without notice to you. Product colors, measurements, weights, and other specifications are approximate and may vary from their representation on the Site. These differences will not constitute a defect in or noncompliance of any Product. Products may not be available for immediate delivery. Some Products may not be available in certain areas. Demco is not liable for any damages you may suffer as a result of any shipment delays.
All orders are subject to acceptance by Demco. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to purchase Products through the Site.
In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including due to limitations on quantities available for purchase, inaccuracies or errors in Product descriptions, images, or pricing information, and problems identified by credit and fraud avoidance services.
We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Demco sends a confirmation email. Demco will charge your credit or debit card upon such acceptance.
Shipping and Handling.
Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. For further information, see our Shipping & Processing Charges page. To track an order, see our Order Tracking page.
Demco charges you for sales, use, and other taxes for Products ordered through the Site to the extent required by law. For further information, see the "Demco Sales Tax Terms" on our Shipping & Processing Charges page.
Title and Risk of Loss.
Title to Products will pass to you upon shipment except to the extent any Products contain any embedded software. Title to any embedded software within any Product remains with the owner or licensor, as applicable, of such software and your use of any embedded software may be subject to license restrictions imposed by the owner or licensor. You bear the risk of loss or damage to the Products during shipment to you.
Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Pricing errors may occur on the Site from time to time. Demco attempts to correct all pricing errors as soon as they are discovered but Demco is not responsible for any pricing or typographical errors on the Site. Demco reserves the right to cancel any orders containing pricing errors with no liability to you‚ even after your receipt of an order confirmation or shipping notice from Demco. Any payments you make to Demco for orders that are cancelled due to pricing errors will be refunded.
Order Cancellations and Changes.
Order cancellations and changes are at Demco's sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel or change an order once it is processed. If you wish to cancel or change an order, please contact our customer service department via telephone at 800-962-4463 to see if we can cancel or change your order before it ships.
Returns & Exchanges.
We allow for the return or exchange of Products only in limited circumstances. For further information, please see our Returns & Exchanges policy. Any Product returns are solely within Demco's discretion.
Products Requiring Assembly.
Products marked "Partial Assembly Required" (disassembled) or "Assembly Required" is delivered in factory-packed cartons for assembly by you.
Resale of Products purchased through the Site is prohibited.
DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND.
DEMCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM DEMCO OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by Demco in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. You will not bring any action or other claim with respect to the Products more than one year after the claim arises.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign your rights under these Terms without our prior written consent.
Please direct any questions and concerns regarding any Products or these Terms to us by email at email@example.com, by telephone at 800-962-4463, or by mail at Demco, Inc., 4810 Forest Run Road, Madison, Wisconsin 53704.
Your California Privacy Rights
Under California Civil Code Section 1798.83, California residents have the right under certain circumstances to receive, once per calendar year, information about third parties with whom we have shared information about you or your family for the marketing purposes of those third parties during the previous calendar year, a description of the categories of personal information shared, and a description of the nature of the business with whom it was shared.
To make such a request, please send an email to firstname.lastname@example.org or write us at Demco, Inc., P.O. Box 7488, Madison, Wisconsin 53704. Please include the phrase "California Privacy Request" in the subject line of any email request. Please also identify the domain name of the website you are inquiring about and include your name, email address, and mailing address in any request.
We will respond to your request within a reasonable time.