This web site is produced by Columbia Distributing™, Inc.. Everything on this website is provided AS IS and without warranty of any kind. We have made every effort to offer current, correct and clearly expressed information as possible. Inadvertent errors do occur and changes will be made periodically when any error is brought to our attention. By providing this web site, Columbia Distributing shall not be held liable or undertake any responsibility whatsoever, for the content of linked sites, messages, articles, etc. The information contained throughout the Columbia Distributing website is not a substitute for professional advice, does not constitute professional advice, nor is conveyed or intended to convey professional advice. Information is offered in good faith; you do not have to use this information. Any decisions you make – and their consequences – are your own. Under NO circumstances will you hold Columbia Distributing liable for any actions that you take. All information on this website is for general information only.

Forward Looking Statements

Statements in this communication concerning Columbia Distributing’s business outlook or future economic performance, anticipated profitability, revenues, expenses, dividends, capital expenditures, investments, future financings, and other financial and non-financial items that are not historical facts, are “forward-looking statements” as the term is defined under applicable federal securities laws. Forward-looking statements are subject to risks, uncertainties and other factors that could cause actual results to differ materially from those statements.

Terms and Conditions for the Online Sale of Goods

THROUGH THE COLUMBIA DISTRIBUTING Business-to-business e-commerce tools (“B2B tools”)

Last Modified: 2022-01-23

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

YOU MUST BE OF LEGAL DRINKING AGE TO ENTER THE B2B TOOLS AND VIEW OUR PRODUCTS. WE ONLY SELL OUR PRODUCTS TO CUSTOMERS WHO HAVE PROVIDED COLUMBIA DISTRIBUTING WITH A COPY OF THEIR APPLICABLE STATE ALCOHOL BEVERAGE LICENSE AND WHO HAVE PROPERLY REGISTERED WITH COLUMBIA DISTRIBUTING. PROPERLY REGISTERED CUSTOMERS MUST PROVIDE COLUMBIA DISTRIBUTING A LIST OF AUTHORIZED REPRESENTATIVES THAT HAVE THE AUTHORITY TO LEGALLY BIND THE CUSTOMER PRIOR TO CUSTOMER ORDERING ANY PRODUCT FROM OUR B2B TOOLS.

ONLY AUTHORIZED REPRESENTATIVES ARE PERMITTED TO PLACE ORDERS AND MUST BE AT LEAST 21 YEARS OLD. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE B2B TOOLS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 21 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE B2B TOOLS OR ANY OF THE B2B TOOLS’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through the Columbia Distributing Business-to-Business E-commerce Tools (the “B2B Tools“). Subject to applicable state alcohol beverage laws, these Terms are subject to change by Columbia Distributing (“Columbia Distributing,” “we,” or “us“) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” date above. You should review these Terms prior to purchasing any product that are available through B2B Tools. Your continued use of B2B Tools after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the B2B Tools Terms of Use that apply generally to the use of the B2B Tools. You should also carefully review our Privacy Policy before placing an order for products or services through the B2B Tools.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  2. Prices and Payment Terms.
    • Subject to applicable state alcohol beverage laws, prices posted on B2B Tools are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Unless expressly indicated, posted prices do not include taxes or charges for delivery and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences subject to applicable state alcohol beverage law.
    • Subject to applicable state alcohol beverage laws, we may offer from time to time promotions on the B2B Tools that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    • Payments must be made from a bank account and/or via a credit card (if a credit card is accepted by us) that belongs to the owner of a permit or license eligible to make the purchase in accordance with applicable law. Purchases through the B2B Tools may not be paid for by a personal bank account or credit card unless permitted by applicable law.
    • A discounted price indicates the price is less, by approximately the amount of the discount, than a manufacturer’s recommended price.
    • A discounted price indicates the price is less, by approximately the amount of the discount, than a manufacturer’s recommended price
    • Subject to applicable state alcohol beverage laws, terms of payment, including when payment is due, are within our sole discretion. Subject to applicable state alcohol beverage laws, we may accept VISA, MasterCard, and American Express credit cards for purchases. You represent and warrant that in the event a credit card payment is acceptable to us that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase of the products, and (iii) charges incurred by you will be honored by your credit card company.
  3. Delivery; Title and Risk of Loss.
    • We will arrange for delivery of the products to your licensed premises only. Please check the individual product page for specific delivery options. Deliveries and delivery options are subject to applicable state alcohol beverage laws. In the case of delivery, title and risk of loss pass to you upon our delivery of the products to you or your representative.
    • Subject to applicable state alcohol beverage laws and Columbia Distributing policies, we may allow you to pick up your order. In the case of pick up, title and risk of loss pass to you upon our transfer of the products to you or your representatives at the place of pick up. ivermectin albendazole kidney
  4. Returns; Refunds; Exchanges. Returns, refunds, and exchanges are governed by applicable state alcohol beverage laws. Customer will be responsible for contacting the sales consultant or customer service to discuss any returns, refunds or exchanges, all of which must be pre-approved by us.
  5. Product Warranty and Disclaimers. We do not manufacture or control any of the products offered through our B2B Tools. The availability of products through the B2B Tools does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on the B2B Tools. However, the products offered on the B2B Tools may be covered by warranties from the manufacturer.

TO THE FULLEST EXTENT PROVIDED BY LAW, COLUMBIA DISTRIBUTING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. best way to take ivermectin liquid

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  1. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE B2B TOOLS.

The limitation of liability set forth above will only apply to the extent permitted by law.

  1. Goods Not for Resale or Export. You represent and warrant that you are buying products from the B2B Tools for sale at your premises pursuant to applicable alcohol beverage law, and that you will not transfer the products to a retail account in another state or country.
  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, located at https://www.coldist.com/privacy-policy/ governs the processing of all personal data collected from you in connection with your purchase of products or services through the B2B Tools.
  3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the state in which the product is to be delivered or has been delivered. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the B2B Tools will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland and County of Multnomah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  5. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  6. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Columbia Distributing.
  7. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  8. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the B2B Tools. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to customer.service@coldist.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Columbia Distributing Legal Department | 27200 SW Parkway Ave | Wilsonville, OR 97070. We may update the email address or mailing address for notices to us by posting a notice on the B2B Tools. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective upon confirmation of receipt by Columbia Distributing. Notice proved by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  9. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  10. Entire Agreement. Our order confirmation, these Terms, our B2B Tools Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, provided that additional terms in our invoices will govern to the extent they do not conflict with these Terms. In the event of an irreconcilable conflict between these Terms and our invoices, these Terms will control.

Business-to-Business E-Commerce Tools Terms of Use

Last Modified: 2022-01-23

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Columbia Distributing (“Columbia Distributing,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the Columbia Distributing B2B Tools, including any content, functionality, and services offered on or through the Columbia Distributing Business-to-Business E-Commerce Tools (the “B2B Tools“).

Please read the Terms of Use carefully before you start to use the B2B Tools. By using the B2B Tools or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.coldist.com/privacy-policy/ incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the B2B Tools.

This Retail Portal is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using the B2B Tools, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the B2B Tools.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the B2B Tools thereafter.

Your continued use of the B2B Tools following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the B2B Tools and Account Security

We reserve the right to withdraw or amend the B2B Tools, and any service or material we provide on the B2B Tools, in our sole discretion without notice. We will not be liable if for any reason all or any part of the B2B Tools is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the B2B Tools, or the entire B2B Tools, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the B2B Tools.
  • Ensuring that all persons who access the B2B Tools through your internet connection are aware of these Terms of Use and comply with them.

To access the B2B Tools or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the B2B Tools that all the information you provide on the B2B Tools is correct, current, and complete. You agree that all information you provide to register with this B2B Tools or otherwise, including, but not limited to, through the use of any interactive features on the B2B Tools, is governed by our Privacy Policy located at https://www.coldist.com/privacy-policy/ and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. rabbit ivermectin dosage You also acknowledge that your account is personal to you and agree not to provide any other person with access to this B2B Tools or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The B2B Tools and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Columbia Distributing, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the B2B Tools, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the B2B Tools for your own personal use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the B2B Tools.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the B2B Tools.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the B2B Tools in breach of the Terms of Use, your right to use the B2B Tools will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the B2B Tools or any content on the B2B Tools is transferred to you, and all rights not expressly granted are reserved by Columbia Distributing. Any use of the B2B Tools not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Columbia Distributing name, the Columbia Distributing logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Columbia Distributing or its affiliates or licensors. You must not use such marks without the prior written permission of Columbia Distributing. All other names, logos, product and service names, designs, and slogans on this B2B Tools are the trademarks of their respective owners.

Prohibited Uses

You may use the B2B Tools only for lawful purposes and in accordance with these Terms of Use. You agree not to use the B2B Tools:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Columbia Distributing, a Columbia Distributing employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the B2B Tools, or which, as determined by us, may harm Columbia Distributing or users of the B2B Tools, or expose them to liability.

Additionally, you agree not to:

  • Use the B2B Tools in any manner that could disable, overburden, damage, or impair the B2B Tools or interfere with any other party’s use of the B2B Tools, including their ability to engage in real time activities through the B2B Tools.
  • Use any robot, spider, or other automatic device, process, or means to access the B2B Tools for any purpose, including monitoring or copying any of the material on the B2B Tools.
  • Use any manual process to monitor or copy any of the material on the B2B Tools, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the B2B Tools.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the B2B Tools, the server on which the B2B Tools is stored, or any server, computer, or database connected to the B2B Tools.
  • Attack the B2B Tools via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the B2B Tools.

Reliance on Information Posted

The information presented on or through the B2B Tools is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the B2B Tools, or by anyone who may be informed of any of its contents.

Changes to the B2B Tools

We may update the content on the B2B Tools from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the B2B Tools may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the B2B Tools

All information we collect on this B2B Tools is subject to our Privacy Policy (https://www.coldist.com/privacy-policy/).  By using the B2B Tools, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through the B2B Tools or other transactions for the sale of goods formed through the B2B Tools, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the B2B Tools. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the B2B Tools and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the B2B Tools or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the B2B Tools other than the homepage.
  • Otherwise take any action with respect to the materials on this B2B Tools that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the B2B Tools

If the B2B Tools contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this B2B Tools, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the B2B Tools is based in the State of Oregon in the United States. We provide this B2B Tools for use only by persons located in the United States. We make no claims that the B2B Tools or any of its content is accessible or appropriate outside of the United States. Access to the B2B Tools may not be legal by certain persons or in certain countries. If you access the B2B Tools from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the B2B Tools will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the B2B Tools for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE B2B TOOLS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE B2B TOOLS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY B2B TOOLS LINKED TO IT.

YOUR USE OF THE B2B TOOLS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE B2B TOOLS IS AT YOUR OWN RISK. THE B2B TOOLS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE B2B TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COLUMBIA DISTRIBUTING NOR ANY PERSON ASSOCIATED WITH COLUMBIA DISTRIBUTING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE B2B TOOLS. WITHOUT LIMITING THE FOREGOING, NEITHER COLUMBIA DISTRIBUTING NOR ANYONE ASSOCIATED WITH COLUMBIA DISTRIBUTING REPRESENTS OR WARRANTS THAT THE B2B TOOLS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE B2B TOOLS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE B2B TOOLS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE B2B TOOLS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE B2B TOOLS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COLUMBIA DISTRIBUTING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COLUMBIA DISTRIBUTING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE B2B TOOLS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE B2B TOOLS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Columbia Distributing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the B2B Tools, including, but not limited to, any use of the B2B Tools’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the B2B Tools.

Governing Law and Jurisdiction

All matters relating to the B2B Tools and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the B2B Tools will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland and County of Multnomah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE B2B TOOLS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Columbia Distributing of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Columbia Distributing to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

This B2B Tools is operated by Columbia Distributing.

All feedback, comments, requests for technical support, and other communications relating to the B2B Tools should be directed to: customer.service@coldist.com