|Terms and Conditions
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. Copyright The entire content
included in this site, including but not limited to text, graphics,
images, or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of Banta Modelworks.
The collective work includes works that are licensed to Banta Modelworks.
Copyright 2012, www.bantamodelworks.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 Banta Modelworks or
purchasing Banta Modelworks 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 Banta Modelworks or to purchase Banta Modelworks 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 Banta Modelworks. You further agree not
to change or delete any proprietary notices from materials downloaded from
All trademarks, service marks and trade names of
Banta Modelworks used in the site are trademarks or registered trademarks
of Banta Modelworks.
This site and the materials and products on this site
are provided "as is" and without warranties of any kind, whether express or
implied. To the fullest extent permissible pursuant to applicable law, Banta
Modelworks disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Banta Modelworks does not represent
or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other harmful
components. Banta Modelworks, does not make any warrantees or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability
or otherwise. Materials and parts may be subtituted for similar parts of equal or better quality without notice.
Instructions and techniques can also change without notice. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Banta Modelworks, 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 Banta
Modelworks 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
In the event that a Banta Modelworks, product is
mistakenly listed at an incorrect price, Banta Modelworks, reserves the
right to refuse or cancel any orders placed for product listed at the
incorrect price. Banta Modelworks 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, Banta Modelworks shall issue a credit to your
credit card 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 Banta Modelworks at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination.
Banta Modelworks, may deliver notice to you by means of
e-mail, a general notice on the site, or by other reliable method to the
address you have provided to Banta Modelworks.
Your use of this site shall be governed in all respects
by the laws of the state of Vermont, 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 Banta Modelworks,
products) shall be in the state or federal courts located in Windham County,
Vermont. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of Banta Modelworks, products)
must be commenced within one (1) year after the claim or cause of action
arises. Banta Modelworks 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. Banta Modelworks may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including
via e-mail, chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a Banta Modelworks or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Banta
Modelworks, 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.
In an attempt to provide increased value to our
visitors, Banta Modelworks may link to sites operated by third parties.
However, even if the third party is affiliated with Banta Modelworks, Banta
Modelworks has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Banta
Modelworks. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, Banta Modelworks seeks to
protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work). We do not
sell, trade, or otherwise transfer to outside parties your personally
identifiable information. This does not include trusted third parties who
assist us in operating our website, conducting our business, or servicing
you, so long as those parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate
to comply with the law, enforce our site policies, or protect ours or
others' rights, property, or safety. However, non-personally identifiable
visitor information may be provided to other parties for marketing,
advertising, or other uses.
Any information that you provide Banta Modelworks is
kept 100% secure and private and is only used to provide you with your goods
in a satisfactory manner. Personal information collected through the
checkout process is only used for the purpose of delivering your orders. We
do not sell your personal information to third parties.