The following terms apply to your use
of the services and web sites of Ritewayscaffold.COM,
a subsidiary of Cornerstone Distributing, Inc. (Referred
as Cornerstone below) . By using any of our services
or opening an account with any of our websites, you
agree to all terms as stated below.
Services Provided
Cornerstone focuses on the needs of the scaffold industrial
and construction industry. Our purpose is to provide
competitive pricing on products that are in high demand
along with a user -friendly shopping environment.
Privacy
Usage Fees
There are no dues or fees for the use of this website.
Shipping
Merchandise will be shipped with Common Carriers or UPS ground.
We reserve the right to change our shipping policies and in particular our shipping
costs whenever required for business purposes or to enhance service for our customers.
Release and Waiver of Claims
In the event of a dispute between
users of the Cornerstone website, you agree to waive
any claim against Cornerstone, including our officers,
directors, agents and employees for any claims of
liability in any way arising out of the dispute. California
resident users agree to waive the provisions of California
Civil Code ?1542 which states: "A general release
does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time
of executing the release, which if known by him must
have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold Cornerstone, its officers, directors, agents
and employees harmless from any and all claims or damages, including court costs and
attorney fees, arising out of your use of our site and our services.
Liability Limitation
YOU, AS USER, AGREE THAT CORNERSTONE
SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY
TO USE OUR SITE, OUR SERVICES OR THIS USER AGREEMENT.
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. Therefore,
the limitations set forth in sections 7 and 8 may not apply to you.
Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or
the breach thereof, shall be first submitted to mediation under the commercial mediation rules
of the American Arbitration Association or to a mediator agreeable to the parties. If an impasse
is reached, as determined by the parties or the mediator, the claim or controversy shall be
settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator may be entered in the appropriate court of
competent jurisdiction. This clause shall not limit either party's right to obtain any provisional
remedy, including without limitation, injunctive relief, orders for recovering possessions or
similar relief, from any court of competent jurisdiction deemed necessary by either party to
protect its property rights.
Attorneys Fees
Should it be necessary for any party to this User Agreement to institute any
legal action to enforce any provision of this Agreement or any dispute arising out of this
Agreement, the prevailing party is entitled to receive from the other party such amount as the
court or the arbitrator shall adjudge to be reasonable attorney's fees for the services rendered
the prevailing party in such action or proceeding. Attorney's fees shall include those for services
rendered for purposes of an arbitration or court action but shall not include any services rendered
relating to a mediation of the dispute.