1. Terms of Use:
Mile High Refill, LLC dba Think! Toner & InkTM,(we, us and our) developed and maintain our website (the Site) and currently allows access to the Site free-of-charge to users who agree to abide by the terms and conditions of this Agreement. We operate our website and do business in the County of Denver, State of Colorado. By doing business with us you agree that all disputes, regardless of whether we are the plaintiff or defendant will be settled in a court of competent jurisdiction for the City and County of Denver State of Colorado under and in accordance with the Laws of the State of Colorado choice of law and forum issues hereby being waived and the User agrees to have all cases heard in the Circuit Court of Denver County, Colorado and determined and decided under the laws of the State of Colorado.
We reserve the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as we deem necessary. Any user that violates the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services that we offer. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms of Use.
2. Who May Use Our Website:
We encourage all persons over the age of eighteen to enjoy the Site and we do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 18 should use the Site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
3. Check & Invoice Orders:
Check orders are only shipped after the issuer’s credit check has been completed to our satisfaction. By using this site and paying by check you as the user agree to allow us to recheck your credit from time to time as we see fit. We may cancel your right and ability to pay by check at anytime with or without giving you notice. Should any check be returned for any reason you will be charged an additional fee of US$45.00 or the maximum allowable by law for all dishonored checks plus any costs of collection. If you choose to be invoiced by us and we agree to allow you that courtesy after you have completed an application you agree to pay all invoices within 30 days of receipt of the merchandise. After 30 days you will be charged an additional 5% per month or portion thereof thereafter. Should additional steps be required to collect the amount invoiced by us, you agree to pay all our costs, fees and expenses incurred therein including but not limited to: attorneys fees, court costs, collection expenses and all related and attendant fees, costs or expenses.
4. Our Advertising Partners:
For some services that we offer we may from time to time team up with leading companies to bring you quality services and products. Our reference to them as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.
All companies that we feature on our site are solely responsible for their own obligations to you and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.
5. Electronic Markers – (Cookies):
Cookies are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure servers) that may be placed in your hard drive once you have accessed our site. We use cookies to enhance your shopping experience with us. The Cookies are used to keep track of your shopping cart and if you have become a member will remember your password so you do not have to re-enter it each time you visit the Site. (Note – when we say password we mean your password to our membership site, NOT to your computer or e-mail account). To learn more about how we protect customer information, please review our Privacy Statement. At no time do we store any Credit card information or bank information on our website servers.
6. Restrictions on Use of Copyrights and Trademarks:
This Site and all materials on the Site, including, but not limited to the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors property and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.
7. Disclaimer About Links We Offer to Other Sites:
We do not control any of the sites that may be linked to from the Site from time to time and therefore we are not responsible for the content of any sites that may be linked to the Site. These links are here only as a convenience to you and you access them at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to their site.
8. Your Privacy Rights – How We Protect Your Information:
We are very concerned about privacy matters for our customers and have a separate section of our website devoted entirely to our policy regarding protecting your policy. Please review our Privacy Statement. By using our website you are also agreeing to abide by our Privacy Policy
9. Taxes:
Prices on the website do not include sales tax or any other customs duties, use, value added, excise, federal, state, local or other taxes. Colorado residents will be charged sales tax, but all other such duties or taxes shall be paid by you, or, in lieu thereof, customer shall provide us with an appropriate tax exemption certificate.
10. Terms of Limited Warranty:
In addition to our satisfaction Guarantee, we at Think! Toner & InkTM and denverthink.com also warrant to the original customer purchasing such products directly from Us that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product and only while such customer owns such product. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Think! Toner & InkTM a/k/a denverthink.com. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made within 90 days from the original date of shipment by Think! Toner & InkTM. The purchaser can make claims to receive replacement product for directly to us at 303-300-5249 or by email to denver@denverthink.com. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OFCOLORADO.
11. Limitations:
OTHER THAN THE TERMS OF THE LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Disclaimer of Liability:
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF OR AS A CONSEQUENSE OF THE USE OF ANY OF OUR PRODUCTS.
13. Return Procedures:
If you need to return any product(s) purchased from THINKTONERANDINK.com then you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service at (888) INK-IS-IN or one of our local numbers. This is a simple process and is described fully in the return merchandise section. To see the complete list of procedures for returning merchandise.
14. Manner of Refunds:
Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
15. Undelivered Products:
We understand that you want to get your order a quickly as possible, but unfortunately sometimes there is a delay caused by the carrier used to deliver products. Because of this we have a 15-business-day waiting period before any product will be resent that was shipped to you. This does not apply to product sent pursuant to our same day delivery guarantee. If product sent pursuant to our same day guarantee is not received the same day please call us immediately so that replacements can be sent out as soon as possible.
16. Restriction Against Component Resale:
We are in the business of selling products to the persons that will use them. If you plan to resell our products please give us a call. Since this is a retail website we require that the customer agree that they will not engage in the business of reselling components purchased from Think! Toner & InkTM a/k/a THINKTONERANDINK.com, or remove components from product for resale, except upon express prior written authorization of Think! Toner & InkTM a/k/a THINKTONERANDINK.com Any resale of product or components will void all guarantees and warranties.
17. Assignment:
Customer may not assign its rights or obligations hereunder without the express prior written consent of Think! Toner & InkTM a/k/a THINKTONERANDINK.com.
18. Entire Agreement:
These terms and conditions constitute the entire agreement between Think! Toner & InkTM a/k/a THINKTONERANDINK.com and the customer regarding any sale. These terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions set forth on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT(S) ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Think! Toner & InkTM a/k/a THINKTONERANDINK.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Think! Toner & InkTM a/k/a THINKTONERANDINK.com. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
19. Severability:
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
A. AGREEMENT:
Welcome to the THINKTONERANDINK™ Web site (hereinafter "Think! Toner & InkTM a/k/a THINKTONERANDINK.com," "Company" or the "Site").
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions unless you offer different terms that are accepted in writing by Company. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with the Site, its content or Terms or Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes, whether or not you actually reviewed them. For your information, this page was last updated as of the date at the top of these terms and conditions.
The paragraphs below will address issues, including but not limited to
Privacy |
Your Account With Us |
Please read these terms carefully because they contain legal obligations.
B. PRIVACY:
This Privacy Policy discloses the privacy practices for Think! Toner & InkTM a/k/a THINKTONERANDINK.com website and various related services (together referred to as the site). As the provider of this, we are committed to protecting your privacy online. In a nutshell our privacy policy states that we will never rent, sell or lease your email address to anyone without your permission. So, please read the information below to learn the following regarding your use of this site.
Think! Toner & InkTM a/k/a THINKTONERANDINK.com has or may partner with third parties to offer our customers and Site visitors a variety of products and services. Other than as set forth herein, we will not sell or lease your email address to third party advertisers to solicit you directly. However Think! Toner & InkTM a/k/a THINKTONERANDINK.com may share Personally Identifiable Information (but never your email address) with our marketing partners in order for them to offer you additional products and services that Think! Toner & InkTM a/k/a THINKTONERANDINK.com believes may be of interest to you. Although we only work with third parties whom we believe to be reputable, our marketing partners may have different privacy policies and practices than Think! Toner & InkTM a/k/a THINKTONERANDINK.com’s. We encourage you to review our marketing partners' privacy policies to further understand their procedures for collecting, using and disclosing your information. We are not responsible for the privacy practices of our marketing partners or any other third parties. If you decide that you would like to discontinue receiving promotional materials from these or any third parties, please contact them directly.
Should you wish to change your preferences regarding the information that you receive from Think! Toner & InkTM a/k/a THINKTONERANDINK.com or its affiliates, or would prefer that we not share your Personally Identifiable Information with our marketing partners, please refer to the paragraph below entitled "iv. Updating and Correcting Information" Please note that we are not responsible for retracting your Personally Identifiable Information from any third parties with whom we have shared your information pursuant to the terms and conditions of this Policy.
You acknowledge that this Privacy Policy is part of our Site Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this site.
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.
i. Types of Information Collected:
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's Uniform Resource Locator (URL) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (IP) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
ii. Collection Methods and Use of Information:
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. We may also collect information from you at other points on our site that state that such information is being collected.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non- Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out site.
We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our internal and marketing partner's promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, Sales Terms and Conditions, and this Private Policy.
iii. Release of Information:
We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We (and our service partners) use your Personally Identifiable Information to operate our sites and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide your address information to third parties that mail catalogs and other physical promotions; and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
iv. Updating and Correcting Information:
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by clicking on the “my account” button in accordance with instructions posted elsewhere on this site. If you prefer, you may also request in writing that we no longer share Personally Identifiable Information with our marketing partners. Once we receive such request, your information will be updated within 7 business days. You may also access and correct your personal information and privacy preferences by writing us at:
Think! Toner & InkTM Co.
77 W. Washington St. Suite 1720
Chicago, IL 60602
Please include your name, address, and email address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.
v. User Choices on Collection and Use of Information:
We may, from time to time, send you emails or facsimiles regarding our products and services. By supplying us with this information you agree to accept to accept such material in that form from us. You may, at any time, update your account information to no longer receive such emailings. See Section iv above.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.
vi. Security of Information:
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected key personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.
Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside our company you will not be asked to select a password in order to view or modify such information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be illegally viewed or tampered with in transit by a third party.
vii. Cookies:
When you use our site we may or will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your user or first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
viii. Privacy Policies of Third Party Sites:
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
ix. Miscellaneous Privacy Issues:
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending a letter to:
Think! Toner & InkTM, Co.
Attn: Privacy Compliance Officer
6461 E. Hampden Ave.
Denver, CO 80222
You may also contact us by email at denver@denverthink.com
C. COMMUNICATIONS:
When you visit Think! Toner & InkTM a/k/a THINKTONERANDINK.com, purchase products or services through the Site, or initiate contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
D. ELIGIBILITY:
Think! Toner & InkTM a/k/a THINKTONERANDINK.com does not intend the Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). Think! Toner & InkTM a/k/a THINKTONERANDINK.com relies upon Guardians to determine if any content or items available on the Site are inappropriate for the viewing, access or purchase by such Minors. If a User is a Minor, he/she may use the Site only under the supervision of a Guardian. If you are making a purchase on behalf of a business or third party through the Site you must have the authority to bind them to these Site Terms and Conditions.
By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age or are using the site under the supervision of a Guardian; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) any billing address and phone number You provide will be the address and phone number that YOUR credit card bank has on file for you; (v) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) are not using the Site for any improper purpose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
E. SPECIAL PROGRAMS:
Company may offer Special Programs from time to time for some or all of its products to enable product reorders to be processed and shipped to you at the interval of your choice. By enrolling in or using such a Special Program you are authorizing Company to charge your credit card for the products selected at the interval you selected, until such time as you cancel your participation in such program. For example, if you chose to receive a certain ink products every month, each month this product would be shipped to you on or about the same date as your initial order ("Renewal Date") and your credit card would be charged the listed price plus any applicable shipping and handling charges. In the event that you cancel your membership prior to the first reorder, you agree that Company may charge your account an amount equal to the discount you received on your initial order as a result of joining or using the Special Program.
F. CONFIRMING, CANCELING & CHANGING YOUR ORDERS AND/OR MEMBERSHIP:
For orders that have already been shipped, You can confirm the date and method of shipment, an estimated date of arrival, and a tracking number, only if applicable. As long as Your order or merchandise from Company has not yet entered the shipping process, You can change the details via telephone. Company will not provide reimbursement for shipping and handling charges once the order has entered the shipping process. Members may cancel their Membership in any Special Program via email at support@thinktonerandink.com. Please note that Memberships must be canceled within 5 days prior to next Renewal Date due to shipping and management costs. Members are financially responsible for monthly Continuity Program fees until they cancel.
G. ORDER AND PAYMENT TERMS:
You agree that Your placement of any Order and/or membership in any programs offered by Company on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Company's sole discretion, and unless otherwise agreed in writing, payment must be received by Company prior to acceptance of an order and/or Membership. Company may accept payment via Visa, MasterCard, Discover and American Express (other credit or debit cards may be added or removed at Company's sole discretion). Check orders are only shipped after the use of a check for the order has been approved by the company. Please note we charge either $25 or the maximum allowable by law for all dishonored checks plus all fees, costs and expenses incurred.
Orders are not binding until the order and/or Membership is accepted by Company and Company may cancel or limit an order any time after it has been placed in its sole discretion. Company expressly conditions its acceptance of Your order and/or Membership on Your agreement to these Terms and Conditions Site Terms.
H. SHIPPING:
Unless otherwise noted, Company will make best efforts to ship merchandise within 7 to 10 days of the receipt of a properly completed order, but this is only an estimate. Because of this we have a 15 business day waiting period before any product will be resent. You understand that product availability may be limited and particular products may not be available for immediate delivery. Company shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Title to any product and risk of loss passes from Company to You upon shipment from Company's facility.
Orders accepted for same day delivery will only be accepted for cartridges that are currently in stock and only to the extent that there is sufficient quantity available to fill the order. If there is insufficient quantity on hand to fill the entire the order only that portion of the order which can be filled from stock on hand will be sent pursuant to the same day guarantee, the balance of the order will be backordered and sent by Company in a manner selected by the company at its sole discretion and at customers sole cost and expense.
I. RETURNS, REFUNDS AND EXCHANGES:
If you need to return any product(s) purchased from Think! Toner & InkTM a/k/a DenverTHINK.com then you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service at 303-300-5249.
It is our policy that all returned cartridges must be at least seventy (75%) percent filled. We feel that this gives everyone a fair test of the quality of the product. Unfortunately in our experience some people have used the entire cartridge and then sent it back asking for a refund. If a returned cartridge is less than 75% filled we will e-mail or call you. If you want the cartridge back you will have an opportunity to make payment arrangements for us to ship it back to you. Also all non-defective products must be returned in the packaging in as-new condition.
Because some of our customers have requested new products without returning their defective merchandise, we are unable to ship or make refunds/credits until we receive the products being returned. If you need a replacement product right away, we suggest you ask for a refund and place a new order. Your new order will be processed immediately. For local customers you can exchange your cartridges at the time of redelivery. Your failure to exchange them at that time will result in your being charged for the full amount of the exchange as well as an additional charge should you decide to later exchange the original cartridge.
Please allow up to 7 business days to process your return from the time it reaches our Returns Department. All credit requests will be completed within 7 business days, but please note that it may take your credit card bank up to 30 days to apply your credit. Please note that we have no control over how long the credit card company takes to credit the refund to your account after we submit the data to them, but we do whatever we can to expedite the process. Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
J. TERMS OF LIMITED WARRANTY:
In addition to our same day delivery Guarantee, we at Think! Toner & InkTM a/k/a THINKTONERANDINK.com also warrant to the original customer purchasing products directly from us that all such products sold will be free from defects in material and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product and only while such customer owns such product. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made within 90 days from the original date of shipment by Think! Toner & InkTM a/k/a THINKTONERANDINK.com. The purchaser can make claims to receive replacement product for an additional period at Think! Toner & InkTM a/k/a THINKTONERANDINK.com’s discretion.
The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Think! Toner & InkTM a/k/a THINKTONERANDINK.com. No other damages whether to equipment, machinery or persons are covered under any circumstances.
K. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUR WARRANTIES ONLY COVER DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR ACTS OF NATURE OR THIRD PARTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT; (ii) WARRANTIES AS TO THE OPERATION OF SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR OFFERED THEREON; (iii) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; OR (v) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF THINKTONERANDINK.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS PURCHASED, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTERS THAT RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR OPENING ANY EMAIL SENT BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
L. PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES:
Company attempts to be as accurate as possible with our product descriptions, compatibility listings, OEM price comparisons and all other information provided. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
You should note that product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price 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, Company shall issue a credit to your credit card account in the amount of the incorrect price or you have the right to accept the order at the corrected price and have your credit card charged or credited accordingly.
The Company is not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
M. MODIFICATIONS TO SERVICE:
We may modify, suspend or discontinue any Product, Service or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
N. USER CONDUCT:
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
O.ANTISPAMPOLICY:
Think! Toner & InkTM a/k/a THINKTONERANDINK.com will not tolerate spamming and has a zero tolerance policy regarding the transmission of spam e-mail.
Think! Toner & InkTM a/k/a THINKTONERANDINK.com requires that all of our affiliates abide by our Anti-Spam policy and they expressly warrant that they will not engage in spamming. If you feel that you have received spam e-mail, please e-mail us with the details (the e-mail address on the from line and any opt-out e-mail address at the of the e-mail) at support@thinktonerandink.com. We want to assure you that your complaint will be taken very seriously. We need your help to insure that no one is sending unauthorized e-mails.
P. ACCOUNT MAINTENANCE:
User accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User accepts full responsibility for all activities that occur within such User's account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Company will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.
We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
Q. LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "COMPANY UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY OR $35.00 (WHICHEVER IS GREATER).
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
R. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
S. INDEMNITY:
By using the Site web sites you agree to indemnify Company and the Company Umbrella and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Company or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
T. COPYRIGHT AND TRADEMARK NOTICE:
Think! Toner & InkTM and THINKTONERANDINK.com © 2006, 2007, THINK! Toner & Ink, Co.. All rights reserved. Think! Toner & InkTM and THINKTONERANDINK.com™ are trademarks of THINK! Toner & Ink, Co. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Company and its affiliates, licensors, Franchisees, partners and service providers. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates, Franchisees, partners or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, THINK! Toner & Ink, Co., THINK!TM Cartridges, our Trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Linking to the Site without Company's express written permission is strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
U. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
It is the policy of the Company to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Manager
THINK! Office Solutions, LLC
12201 E. Arapahoe Road
Suite B11
Centennial, CO 80112
Email Address: manager@denverthink.com
AA. ASSIGNMENT:
Customer may not assign its rights or obligations hereunder without the express prior written consent of Company. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
© Copyright 2006 Mile High Refill, LLC dba Think! Toner & Ink and denverthink.com are trademarks.
