Terms and Conditions

WELCOME TO 48 BARRIERS

48 Barriers (previously known as 48Barriers.com) and its affiliates provide their services to you subject to the following conditions. If you visit or shop at 48 Barriers, you accept these conditions. Please read them carefully. In addition, when you use any current or future 48 Barriers service or visit or purchase from any business affiliated with 48 Barriers, whether or not included in the 48barriers.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to 48 Barriers to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit 48 Barriers or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of 48 Barriers or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of 48 Barriers and protected by United States and international copyright laws. All software used on this site is the property of 48 Barriers or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

48 Barriers grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 48 Barriers. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 48 Barriers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 48barriers.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing 48barriers.com’s name or trademarks without the express written consent of 48 Barriers Any unauthorized use terminates the permission or license granted by 48barriers.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of 48 Barriers so long as the link does not portray 48 Barriers, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 48barriers.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use 48 Barriers only with involvement of a parent or guardian. 48barriers.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PAYMENT TERMS

Orders are not binding upon Multi Distributing LLC and/or 48barriers.com (hereafter referred to as 48 Barriers) until accepted by 48 Barriers. Once the order is placed in writing1 Customer agrees to pay the total purchase price for the products plus shipping (unless shipping is prepaid by Customer), including shipping charges that are billed to 48 Barriers as a result of using Customer’s carrier account number. Terms of payment are within 48 Barriers’s sole discretion. Invoices are due and payable within the time period specified on the invoice, and starting from the date of invoice, subject to continuing credit approval by 48 Barriers and may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.
The Customer and 48 Barriers will attempt in good faith to resolve any claim or controversy (“Dispute”) arising out of or relating to the manufacture, distribution, and sale of goods by 48 Barriers to Customer by negotiations between the principals of the parties, or their designees, after written notice by the disputing party to the other party setting forth the nature of the Dispute. If the Dispute has not been resolved within thirty (30) days after the giving of such notice, the Dispute may be submitted by any party to arbitration in Kansas City, before a single arbitrator under the then pertaining commercial arbitration rules of the American Arbitration Association (“AAA”). Any judgment, order, or decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. The arbitrator shall be chosen by the AAA from a panel of persons knowledgeable in the manufacture, distribution, and sale of goods. Each party shall bear its own costs and expenses relating to any arbitration (each party shall be responsible for one-half (½) of the total cost of the arbitrator’s fees and expenses).

In addition, 48 Barriers reports all business and commercial invoice activity to Credit Reporting Agencies on a regular basis.

1 Hard copy, facsimile on company letterhead, company official purchase order, signed copy of a quote, or email originating from Customer Company; generic emails are not acceptable.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. 48 Barriers reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant 48 Barriers and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 48barriers.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 48barriers.com or its affiliates for all claims resulting from content you supply. 48 Barriers has the right but not the obligation to monitor and edit or remove any activity or content. 48barriers.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

48barriers.com (48 Barriers) and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

RISK OF LOSS

All items purchased from 48 Barriers 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.

PRODUCT DESCRIPTIONS

48 Barriers and its affiliates attempt to be as accurate as possible. However, 48 Barriers does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by 48 Barriers itself is not as described, your sole remedy is to return it in unused condition. Restocking fees may apply.

OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. 48 Barriers) does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY 48barriers.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. 48 Barriers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 48 Barriers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 48 Barriers DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 48 Barriers ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 48 Barriers 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.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting 48barriers.com (48 Barriers), you agree that the laws of the state of Kansas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 48 Barriers or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to 48 Barriers to products you purchase through 48 Barriers shall be submitted to confidential arbitration in Kansas City, MO, except that, to the extent you have in any manner violated or threatened to violate 48barriers.com’s intellectual property rights, 48 Barriers may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to 48 Barriers. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.