Modifications to Site
Contrail reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Contrail will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Contrail attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current, or error-free. If a product offered by Contrail itself is not as described, your sole remedy is to return it in a new, unused condition. Unless otherwise stated, the prices displayed on this Site are quoted in U.S. Dollars.
Disclaimer of Warranties
Unless otherwise specified, the Site is presented solely for the purpose of providing information and materials related to Contrails business and product lines which are distributed world-wide. This Site is controlled and maintained by Contrail from its business operation in Bellevue, Washington.
The Site is provided “as is” without any warranties or representations of any kind, express or implied. Contrail and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Contrail nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content, products or services through the Site at your own discretion and risk and are responsible for compliance with local laws where applicable.
Contrail does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. Contrail does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
Limitation of Liability
In no event shall Contrail, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected to the use of, or inability to use, the complete Site, including without limitation any damages caused by or resulting from reliance by the user on any information obtained from the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Contrails records, programs or services. In no event shall the aggregate liability of Contrail, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Contrail for access to or use of the Site.
IN NO EVENT WILL CONTRAIL, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO CONTRAIL THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF CONTRAIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Contrail. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Contrail delivers these items to the carrier.
Applicable Law and Venue
Notwithstanding any of these Terms, Contrail reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.