Cellowrap.com User Agreement

1. Cellowrap.com User Agreement
Welcome to Cellowrap.com's User Agreement. This Agreement describes the terms and conditions which apply to Your use of our services at Cellowrap.com™. Your use of this Web Site constitutes acceptance of the Cellowrap.com User Agreement. We may amend this Agreement at any time by posting the amended terms on our site. All amended terms become effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by You and Cellowrap.com. The term "You" and "Your", used herein, describes the user of Cellowrap.com.

2. Member User Eligibility
Our services are available only to: (1) individuals who validly represent a business and can form legally binding contracts on behalf of such business under applicable law; or (2) individuals or businesses who are end users of Cellowrap.com's products. Our services are not available to minors. Our services are available to adults who are validly authorized to enter into and perform legally binding contracts either personally, or for a business. If you do not qualify, please do not attempt to use our services.

3. Risk of Loss
All items purchased from Cellowrap.com are made pursuant to a shipment Contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier (e.g., upon our delivery to UPS or other carrier).

4. Disclaimer
THIS SITE IS PROVIDED BY CELLOWRAP.COM ON AN "AS IS" BASIS. CELLOWRAP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CELLOWRAP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELLOWRAP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

5. Liability and Indemnity
A. The total liability of Cellowrap.com for any loss, damage or claim, whether in contract, tort (including Cellowrap.com's active or passive negligence or strict liability) or otherwise, arising out of, connected with, or resulting from this Agreement or the performance or breach of any purchase order or contract of sale accepted or executed by You pursuant to this Agreement, or from the design, manufacture, sale, delivery, resale, repair, replacement, maintenance or use of any Product or from the performance of service shall not, in any event, exceed the price allocable to the product or service which gives rise to the claim, loss or damage. In short, Cellowrap.com's damages are limited to Your purchase price. In no event, whether as a result of breach of contract, warranty or alleged negligence or strict liability, shall Cellowrap.com be liable for special or consequential damages, including, without limitation, loss of profits or revenue, loss of Products or any associated equipment, cost of capital, cost of substituted equipment or parts, facilities or services, down-time costs, labor costs, or claims of you or your customer. B. Indemnity You agree to indemnify, defend and hold Cellowrap.com, its agents and employees, harmless from and against all expense (including attorneys' fee), loss, liability and claims for damage to property (including that of You or Cellowrap.com) or for injury to or death of any person (including each party's employees) actually or allegedly resulting directly or indirectly from anything occurring from any cause (including Cellowrap.com's active or passive negligence or strict liability) relating to the maintenance or operation of Your premises, or Your customer's premises, anything located thereon, or to any of You or Your customer's business activities, or from anything occurring from any cause (including Cellowrap.com active or passive negligence or strict liability) relating to the maintenance or operation of the business activities or premises of any other person, company or governmental unit which is a Customer of You as to the Products or anything located on said Customer's or Your premises. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of this Agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.

6. Inspection and Acceptance
Promptly upon the receipt of shipment of Products, You shall examine the shipment to determine whether any item or items included in the shipment are in short supply, defective or damages. Within seven (7) days of receipt of shipment, You shall notify Cellowrap.com in writing of any shortages, defects or damages that you claim existed at the time of delivery. Within seven (7) days after the receipt of such notice, Cellowrap.com will investigate the claim of shortage, defect or damage, inform You of its findings and deliver to You Product to replace any item that Cellowrap.com determines, in its sole discretion, were in short supply, defective or damaged at the time of delivery. Unless notice is given as provided in this section, You shall be deemed to have accepted such products and to have waived all claims for shortage, defect or damage.

7. Cancellation of Order
All cancellation of orders by You shall be in writing or if not initially in writing, shall be confirmed in writing. If you cancel an order, which has been accepted by you. You shall reimburse Cellowrap.com for any cost incident to such order incurred by Cellowrap.com prior to the time it was informed of the cancellation.

8. Applicable Law
This site is created and controlled by Cellowrap.com in the State of New Jersey, USA. As such, the laws of the State of New Jersey will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

9. Our Address
Cellowrap.com 19 Microlab Road, Suite A Livingston, New Jersey 07039

10. Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Cellowrap.com. Cellowrap.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Cellowrap.com believes that your conduct violates applicable law or is harmful to the interests of Cellowrap.com.

11. Our Return Policy
Within seven (7) days of receipt of Your order, You may return any of the following items for a full credit card refund: unopened rolls and unopened packages. Please note that the shipping costs can be significant. Cellowrap.com will not refund the ship out cost from Cellowrap.com to You and will not refund Your return freight costs from You to Cellowrap.com. Your packing list must be returned with the unopened boxes or unopened roll. We will provide credit card refunds only, and only for unopened purchases and unopened rolls in "as new" condition, in original packaging. For your protection, we recommend that you use UPS or Insured Parcel Post for Shipment. If you do not have your packing slip, please indicate the order number on a separate piece of paper and send the package to the following address: Cellowrap.com Attn: Returns Department 85 Lincoln Highway S. Kearny NJ 07032

12. Problems, Questions, Suggestions?
If you have any problems with your order, please do not hesitate to contact us.
Sales@Cellowrap.com Telephone: (973) 992-8052 Fax: (973) 535-2692

13. Notices
Any notices on behalf of You shall be given by postal mail to Cellowrap.com, Inc./Attn: Legal Department, 19 Microlab Road, Suite A, Livingston, New Jersey 07039. Cellowrap.com may contact You at the e-mail address You provided to Cellowrap.com. Such e-mail shall be deemed effective twenty-four (24) hours after it is dispatched.

14. Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Essex County, New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or Cellowrap.com may seek any interim or preliminary relief from a court of competent jurisdiction in Essex County, New Jersey, necessary to protect the rights or property of You or Cellowrap.com pending the completion of the arbitration. Copyright ©2000, Cellowrap.com. All rights reserved. Cellowrap.com has, or may, apply for a trademark for "Cellowrap.com™". Other designated trademarks and brands are the property of their respective owners.