PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE THAT THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEB SITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The information contained in this web site is owned, operated, licensed or controlled by COL-TAB, Inc. and is solely for use by residents of the United States, its territories, possessions and protectorates. If you access this web site from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
Terms and Conditions of Use
These Terms and Conditions of Use (these “Terms”) apply to this web site (this “Site”). “COL-TAB” and “REVOLUTION PUBLISHING” are service marks of COL-TAB, Inc. an Oregon corporation. COL-TAB’s Terms and Conditions of Sale apply to all orders you may place, and your placement of an order with COL-TAB will confirm that any additional or inconsistent terms in your purchase order or other document will be disregarded.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the user, acknowledge and agree that: (a) you have read and understood these Terms; (b) you will be bound by these Terms; (c) we may communicate with you via electronic mail; and (d) communications sent electronically will be deemed to be “in writing.” If you do not agree to be bound by these Terms, do not use this Site. COL-TAB may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your use of this Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.
2. Intellectual Property Infringement Claims. COL-TAB will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, COL-TAB will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Direct any notice of claimed copyright infringement to the address or telephone number below:
Designated Copyright Agent
COL-TAB, Inc.
P.O. Box 14928
Portland, OR 97293-0928
Telephone: 503-233-2248
Toll-free: 800-624-6061
Fax: 503-230-7901
Email: sales@coltab.com
Please include the word “copyright” in the subject line for all email claims of intellectual property infringement.
3. Security Rules. You agree not to violate or attempt to violate the security of this Site. That means that you will not: (a) access data that is not intended for your use; (b) log onto a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to this Site without proper authorization; (d) breach security or authentication measures without proper authorization; (e) interfere with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) send promotions and/or advertising products and/or services; (g) engage in phishing, pharming or search engine poisoning or attach spyware to any transmission; or (h) attempt to do any of the preceding. You are responsible for protecting the confidentiality of your user name, account numbers, passwords, personal identification numbers and access codes, and other security devices.
4. Restriction on Use of Materials. The information and content that are included in or displayed on this Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for this Site, and other materials (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or controlled by COL-TAB. Without COL-TAB’s prior written permission, you may not (a) use the Materials on any other web site, in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Trademarks and Service Marks. “COL-TAB,” “REVOLUTION PUBLISHING,” “COL-TAB.com” and “REVPUB.COM” are service marks of COL-TAB, Inc. Other trademarks, service marks and logos which appear throughout this Site are the property of COL-TAB, Inc. and other parties. All marks are protected by United States and international copyright and trademark laws. Any use of any marks appearing in this Site without the express written permission of COL-TAB or the third party that owns such marks is strictly prohibited.
6. General Disclaimer of Warranties. All information and other Material included in this Site are provided “AS IS” and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, COL-TAB disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing and non-infringement. COL-TAB does not warrant that access to or use of this Site or the Materials will be uninterrupted or error free, that defects will be corrected or that this Site, or that any Materials or any server(s) used by COL-TAB are free from viruses or other harmful components. COL-TAB does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials or any web site linked to or from any of this Site.
7. Limitation of Liability. Under no circumstances, including without limitation negligence, will COL-TAB be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, loss of data or profit, arising out of the use or inability to use this Site or the Material, even if COL-TAB has been advised of the possibility of such damages. If your use of this Site or the Materials results in the need for service, repair or correction of equipment, digital media, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using this Site, you agree that COL-TAB’s maximum aggregate liability to you for all claims arising from use of this Site or any Materials is limited to $50.
8. Transmissions. COL-TAB will handle all personal data provided to COL-TAB in the manner provided in COL-TAB’s Privacy Policy. Each document, data, and file that you forward to COL-TAB as a part of your order for COL-TAB services (“Order Transmission”) will be safeguarded and treated by COL-TAB with care in an attempt to prevent any misuse or loss of your Order Transmission. One such safeguard is your personal access code which enables you to upload electronic files. By sending any transmission to this Site, you agree that transmission does not (a) violate any law, regulation or third party right; (b) contain any nudity, pornographic or other adult material; (c) contain any obscenities or material that libels, slanders or defames any person, facility or product; (d) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (e) contain any instructions about illegal activities; (f) encourage or promote any illegal activity or racism; or (f) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law. In addition, you agree not to use false email addresses or otherwise attempt to mislead COL-TAB or any other person about the origin of any Order Transmission or any other transmission.
9. Taxes. Unless you provide COL-TAB with a valid and correct tax exemption certificate applicable to any goods or services provided by COL-TAB or through this Site, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for COL-TAB’s franchise tax and taxes on COL-TAB’s net income.
10. No License. Except as expressly provided otherwise in these Terms, nothing in this Site, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.
11. United States Government Restricted Rights. The Materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of COL-TAB’s proprietary rights in them.
12. Privacy. It is COL-TAB’s policy to respect the privacy of all visitors to this Site. For more information, please refer to COL-TAB’s Privacy Policy.
13. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and this Site will be governed by the laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or this Site be governed by the United Nations Convention on Contracts for the International Sale of Goods.
14. Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against COL-TAB, its agents, employees, affiliates, successors and assigns, relating to these Terms and/or this Site will be resolved by binding arbitration administered by the Arbitration Service of Portland (the “ASP”) under its arbitration rules then in effect or if it is unavailable for any reason, by the American Arbitration Association under its Commercial Arbitration Rules. You may obtain a copy of the ASP rules by writing to the ASP at 620 SW 5th Avenue, Portland, Oregon 97204, sending a request via email to arbserve@spiritone.com, or contacting the ASP via telephone at (503)-226-3109. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you, the user, and COL-TAB. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Neither your nor COL-TAB will disclose the existence, content, results or any other information about the dispute, the arbitration or the award to any person except as necessary to enforce the award or as required by law. You and COL-TAB agree that neither will engage an attorney, arbitrator or arbitration service unless that attorney, arbitrator or arbitration service agrees in writing that it will not disclose the existence, content, results, award (including redacted copies of the award) or any other information about the dispute, the arbitration or the award to any other person, including to the American Arbitration Association, without the prior written consent of both parties.
15. Jurisdiction. This Site is controlled and operated from COL-TAB’s offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute or controversy relating to this Site, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
16. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
17. Severability. If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect in any way the remaining provisions in these terms and conditions.
18. Entire Agreement. This is the entire agreement between you and COL-TAB relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of COL-TAB.
19. Other Terms and Conditions. These Terms apply to all uses of this Site unless you and COL-TAB have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
20. Notices, Questions, Communications. If you wish to contact COL-TAB, please direct all inquiries (except for claims of copyright infringement) to: sales@coltab.com. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.
LAST UPDATED: 11/2012
Copyright 2003, 2005, 2012 – COL-TAB, Inc. All rights reserved.
