TERMS OF USE
The following terms and conditions (“Terms”) govern the use by you of the electronic commerce features of www.frostpoint.net and its sub-domains (collectively, this “Site”) as well as any purchase of any product (“Product”) manufactured or distributed by Frost Point LLC or any of its affiliated companies (“FrostPoint”) through this Site. By accessing and using this Site you agree to be bound by the following Terms and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Site and all such terms shall be deemed accepted by you. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE OR VIEW THE SITE OR DOWNLOAD ANY SITE CONTENT. No terms provided by you, whether in a purchase order or other documents provided by you to FrostPoint shall be binding upon FrostPoint unless expressly accepted by FrostPoint in writing.
Use of Site
The Site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving FrostPoint's Products and services and/or to otherwise transact business with or contact FrostPoint on their own behalf. No information concerning the transnational preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.
Accounts
If you register on this Site, FrostPoint will establish an account for you and you will be required to create a user name and password. You agree that you will not misuse or abuse account access and passwords. You also agree that only you will use your account and that you will take all reasonable precautions to protect your account against unauthorized use. You will be fully responsible for any activity on your account, whether authorized or unauthorized.
Personal Data
Whether you are registering on this Site or ordering a Product on this Site, you must provide true, accurate and complete information about you as prompted by the registration/order/return form, including without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable. You must maintain and promptly update your personal data to keep it true, accurate, current and complete.
Privacy Policy
FrostPoint respects your privacy and does not sell any personal data collected on this Site. FrostPoint also does not share personal data with any other organizations not directly affiliated with FrostPoint, except that FrostPoint may share personal data with certain parties for the purpose of credit assessment. This Site tracks information about the visits to this Site through various methods, including the use of cookies. These statistics are used internally to better provide services to our customers and are not sold or provided to other organizations. FrostPoint uses your IP address to help diagnose problems with FrostPoint’s servers, and to administer this Site.
Changes
FrostPoint reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms, the Site, and/or Contents in whole or in part, at any time, without notice. Changes will be effective when such change is posted. Your continued use of the Site after any changes to the Terms are posted will be acceptance of those changes. FrostPoint reserves the right to terminate or restrict access to the Site for any reason whatsoever at its sole discretion, and investigate and involve and cooperate with law enforcement authorities, and pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.
Linked Sites
FrostPoint may provide links to third parties’ websites or applications (Linked Sites). Linked Sites are not necessarily reviewed, controlled or examined by FrostPoint. Each Linked Site may have its own terms of use and privacy policy, and the user must be familiar and comply with all such terms and policies when using a Linked Site. FrostPoint is not responsible for the content, availability, policies or practices of any Linked Site, or any additional links contained therein. These links do not imply or constitute FrostPoint’s endorsement or sponsorship of the Linked Site or any company or service.
Typographical Errors
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error, or error in pricing or Product information, FrostPoint shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. FrostPoint shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, FrostPoint shall immediately issue a credit to your credit/debit card account in the amount of the charge.
Submissions
FrostPoint welcomes your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to FrostPoint shall be and remain the exclusive property of FrostPoint. Your submission of any such comments hereby constitutes an assignment to FrostPoint of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. FrostPoint will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Product Availability
Although availability may be indicated on this Site, FrostPoint cannot guarantee Product availability and Products may not be available for immediate delivery. FrostPoint reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products or to cancel any order.
Order Acceptance
FrostPoint’s offers on this Site represent a non-binding invitation to order goods from FrostPoint. Your receipt of an electronic or other form of order confirmation does not signify FrostPoint’s acceptance of your order, nor does it constitute confirmation of the order or FrostPoint’s offer to sell. FrostPoint reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. An order is deemed accepted upon your acceptance of FrostPoint’s standard terms and conditions during the check out process and FrostPoint will charge your credit/debit card upon such acceptance. FrostPoint may place a credit hold for the amount of any order at the time the order is placed but prior to shipment.
Payment
Unless otherwise noted, payment must be made to FrostPoint’s account immediately and in full upon receipt of the order confirmation; otherwise the goods will not be prepared for shipping. Payment shall be made by a credit/debit card or some other pre-arranged method of payment acceptable to FrostPoint. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and FrostPoint shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. All payments are to be made in full and are not subject to set-off, recoupment, abatement, counter-claim or any other adjustment.
Returns
FROSTPOINT CANNOT ACCEPT ANY RETURNS WITHOUT PRIOR AUTHORIZATION. In all cases, prior authorization (evidenced by a Returned Merchandise Authorization number) to return Product is required from FrostPoint’s customer service department. FROSTPOINT SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR PRODUCTS RETURNED WITHOUT FROSTPOINT’S PRIOR WRITTEN AUTHORIZATION. Credit will not be issued without prior authorization of the return. The following conditions must be complied with:
• All returns must be accompanied by a copy of your invoice and a reason for the return.
• Returned Products must have been purchased within the previous thirty (30) days.
• Shortages or errors in shipments must be reported within seven (7) days of invoice date to issue credit (if applicable).
• Shipping charges will apply on all returns.
Opened and used Products may not be returned for credit. Before opening Products, we suggest that you check the shipping container and packing list to ensure that you are getting exactly what you ordered. Products must be returned in the original unopened packaging, unmarked and properly packaged. FrostPoint reserves the right to deny any Product returns or apply a restocking charge to any return.
Prices
If this Site is updated, all previously quoted prices and other information on goods and services becomes invalid, provided that prices shall not change for an order once it has been made and an order confirmation has been sent. Prices do not include sales, use, excise, or other similar taxes or governmental charges, and all such present and future taxes and charges will be paid by you. Unless otherwise noted, shipping, handling, customs, duties and taxes (as applicable) will be shown as additional charges on the invoice.
Shipping Methods and Times
• UPS Ground - 2 to 6 BUSINESS days.
• UPS 3rd Day Select - 3 BUSINESS days.
• UPS 2nd Day Air - 2 BUSINESS days.
• UPS Next Day Air- Next BUSINESS day.
Delivery
All orders received by 12:00 noon EST will be processed and shipped within 48hrs, exception of weekends (provided item(s) is in stock). FrostPoint does not process orders over weekends. No deliveries will be made on Saturday or Sunday. Free Shipping is limited to the Continental United States. International, Canadian, Alaska and Hawaii shipping rates are quoted on request. Most items less than 150 pounds ship by UPS. Please note UPS cannot ship to a PO Box. All orders weighing over 150 pounds requires you to provide a Shipper Number, or a quote.
Transfer of Title and Risk of Loss
Title and risk of loss or damage shall pass from FrostPoint to you at delivery, and delivery shall be deemed to occur upon transfer of possession to the first common carrier or customer’s representative at the delivery point per the applicable shipping term. However, the right to stop delivery in transit shall remain with FrostPoint until payment in full has been received by FrostPoint. FrostPoint shall not have any liability whatsoever for damage to the Product in transit, and your sole remedy in such event shall be to pursue a claim against the carrier.
Copyright Notice
Selective content on this Site including, for example, but not limited to, FrostPoint product images, FrostPoint logo, video clips, graphics, and text (referred to herein as the “Content”) is the property of FrostPoint/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by FrostPoint by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to FrostPoint. As such a user, you may download, print and store selected portions of the Content, but only if (i) you use any such copies of the Content only for your own personal and non-commercial use, (ii) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (iii) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (iv) you properly credit any intellectual property rights to FrostPoint. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the selective content without first obtaining the express written permission of FrostPoint.
Product Warranties
Products Manufactured by FrostPoint: Product warranties extend only to you, and are not assignable or transferable. Products manufactured by FrostPoint (“FrostPoint Products”) will be sold to you under a warranty or warranties contained in FrostPoint’s label or insert accompanying the FrostPoint Product, which state the nature and duration of FrostPoint’s obligation to you. FrostPoint’s sole obligation and your exclusive remedy for breach of any warranty shall be, at FrostPoint’s option, to repair or replace the FrostPoint Product, or to refund the purchase price by crediting your account. Notwithstanding the foregoing, in the absence of a more specific warranty, with respect to FrostPoint Product, such products are warranted to conform to FrostPoint’s specifications for the product in effect at the time of shipment. The warranty period will be measured from FrostPoint’s shipment date. The FrostPoint Product warranty period is twelve (12) months, except for FrostPoint Product with a shelf life of less than twelve (12) months. For products with a shelf life of less than twelve (12) months, the warranty period is the shelf life period. FrostPoint’s warranty set forth above is conditioned upon proper storage, installation, use and maintenance in accordance with applicable written recommendations of FrostPoint. FrostPoint warranties will be void and of no effect if: (i) the FrostPoint Product is not used in accordance with its instructions or if it is used for a purpose not indicated on the labeling; (ii) the alleged defect is a result of abuse, misuse, improper maintenance, accident or the negligence of any party other than FrostPoint; (iii) the FrostPoint Product’s failure to conform to FrostPoint’s warranty was due in whole or in part to other conditions beyond the control of FrostPoint; or (iv) any repairs, alterations or other work has been performed by you or others on such product. THE WARRANTY SET FORTH HEREIN, AS LIMITED, IS EXCLUSIVE REGARDING FROSTPOINT PRODUCTS AND IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (AND FROSTPOINT HEREBY DISCLAIMS ANY IMPLIED WARRANTY). ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUES OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED.
Other Products Sold by FrostPoint. FrostPoint will pass through to you, at the time of sale, any transferable Product warranties, indemnities and remedies provided to FrostPoint by the applicable manufacturer. EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, FROSTPOINT PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU SHALL LOOK TO THE MANUFACTURER OF THE PRODUCT FOR ANY WARRANTY THEREON. You agree to look solely to the manufacturer of the Product for any claim arising due to loss, injury, damage or death related to the use or sale of Products.
Disclaimer of Warranties
ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. FROSTPOINT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. FROSTPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. FROSTPOINT DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FROSTPOINT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
Limitation of Liability
IN NO EVENT WILL FROSTPOINT, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF FROSTPOINT OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF FROSTPOINT WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISIING OUT OF OR RELATED TO THE USE OF THIS SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID FROSTPOINT, WHICHEVER IS LESS.
Indemnification
By using the Site and/or any of its Contents, you agree that, to the extent permitted by law, you will defend, indemnify and hold FrostPoint, its affiliates, members, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, any violation of these Terms by you, or any user content you transmit on or through the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the purchase or return features of this Site. You warrant that you will not export or re-export any Product, other material, or information of FrostPoint or its affiliates, in violation of export-control or other customs laws or regulations. FrostPoint may, in its sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If FrostPoint becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms, FrostPoint may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation FrostPoint may suspend services to you. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms could be subject to criminal or civil penalties.
Trademarks
All FrostPoint trademarks, service marks, domain names, logos, company names and indicia of origin referred to on this Site are the property of FrostPoint. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of FrostPoint or any third party without permission from the owner. All rights are reserved. All other trademarks, product and company names, and logos appearing on this Site are the property of their respective owners.
Waiver/Severability
The failure of FrostPoint to insist upon strict performance of any of the provisions of these Terms will not constitute a waiver of those or any other provisions. No waiver by FrostPoint shall be deemed to arise from any course of dealing or trade custom, and will only be effective if set forth in a separate writing, signed by FrostPoint. These Terms constitute the entire agreement between FrostPoint and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.
Applicable Laws/Jurisdiction
FrostPoint controls and operates this Site from our offices in the United States of America. Persons who access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws. The laws of the state of Wisconsin, U.S.A., without regard to the United Nations Convention on the International Sale of Goods or other international treaty, rule or accord, and without regard to conflicts of law principles, will govern these Terms and your use of the Site. By using the Site, you agree and consent (i) that any claim or dispute with FrostPoint or relating in any way to your use of the Site will be heard exclusively in state or federal courts located in the State of Wisconsin and closest to Milwaukee, Wisconsin; and (ii) to the exercise of personal jurisdiction in the courts of the state of Wisconsin, in connection with any such dispute.
