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TERMS OF USE

The BAG Store is the online commerce portal for BAG Corp®. BAG Corp® is a wholly owned subsidiary of Super Sack Bag, Inc., a closely held, private company incorporated in Delaware. Super Sack Bag, Inc. also owns 100% of Super Sack Manufacturing Corp. Collectively, for purposes of these Terms of Use (Terms), all the above entities are referred to herein as S.S.B.I. These terms are effective from April 11, 2011.



Agreement to Terms of Use

Please read the following Terms of Use and disclaimers carefully before using the BAG Store located at www.bagcorpstore.com (the "Site"). By using the site, you agree to these terms of use, conditions and all applicable laws. If you do not agree, do not use this site.
S.S.B.I. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, S.S.B.I. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


Intended Use

This Site is intended for your benefit to become familiar with and use the services of S.S.B.I. This Site is a tool for S.S.B.I. members to find products that meet their specific needs.
You understand that S.S.B.I. does not accept any liability whatsoever for any harm that might result from any statement presented on the Site, including any product specifications or descriptions and third-party advertisements posted on the Site.
You understand that any statements by S.S.B.I., its employees, agents, affiliates, and members are provided for informational purposes only.


Use of the site

Except as expressly provided in these Terms of Use, no part of the Site and no content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise, without S.S.B.Is express prior written consent.
You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. S.S.B.I. reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any S.S.B.I. server, or to any of the services offered on or through the Site, by hacking, password mining, or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BAG Store, BAG Corp, or S.S.B.I. and its subsidiaries including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or S.S.B.I.s systems or networks, or any systems or networks connected to the Site or to S.S.B.I. and its subsidiaries.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other persons use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to S.S.B.I. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of S.S.B.I. and its subsidiaries or others.

Harassment in any manner or form on the Site, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including S.S.B.I. employees or representatives or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.


Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to S.S.B.I. and/or its subsidiaries, and is protected by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws.


Copyrights

The Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, videos, graphics, music, and sounds. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of S.S.B.I. and the copyright owner, if applicable.


Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to S.S.B.I., or other respective owners that have granted S.S.B.I. the right and license to use such Marks. BAG Corp, Super Sack, HardWall, Barrel Bag, Combo-BAG, PelletPack and Clean Seal are registered trademarks of BAG Corp MuckyMat is a trademark of Visidiom Creative LLC,
Crohmiq is a trademark of Texene, LLC, Pactainer ED+ is a registered trademark of Nordenia International. Velcro is a registered trademark of Velcro Industries B.V.


Patents

Products manufactured by BAG Corp and Super Sack Mfg. Corp. are protected by one or more of the following patents: 164,267; 1,071,342; 1,298,217 1,375,387; 1,477,428; 1,754,673; 5,158,369; 5,230,689; 541,598; 6,196,719; 6,220,755; 6,224,260; 6,244,443; 6,299,354; 6,328,470; 6,394,277; 6,415,927; 6,688,471; 6,739,753; 6,921,201; 6,935,508 7,018,098; 7,086,781; 7,156,555; 7,195,397; 7,427,160; 1060103B.


Disclaimers and errors

In the event a S.S.B.I. product or service is listed at an incorrect price due to typographical error or error in pricing or shipping information received from its suppliers, S.S.B.I. shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. S.S.B.I. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, S.S.B.I. will issue a credit to your credit card account in the amount of the incorrect price plus any additional fees, etc.

S.S.B.I. does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered on an as-is and as-available basis. All information provided on the Site is subject to change without notice. S.S.B.I. cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. S.S.B.I. disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. S.S.B.I. disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any services. You assume total responsibility for your use of the Site and any linked Sites. Your sole remedy against S.S.B.I. for dissatisfaction with the Site or any content is to stop using the Site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

S.S.B.I. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


Indemnification

You agree to indemnify, defend, and hold harmless S.S.B.I., its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.


Applicable laws

Your use of this Site, and all sales connected therewith, shall be governed in all respects by the Uniform Commercial Code (UCC) as adopted by the State of Texas, U.S.A., and all related Texas cases and statutes, without regard to choice of law provisions, and not, in any respect, by the 1980 U.N. Convention on Contracts for the International Sale of Goods (CISG), from which we hereby expressly and completely opt out. You agree that venue and personal jurisdiction in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of S.S.B.I. products) shall be in the state or federal courts located in Dallas, Texas. Any cause of action or claim you may have with respect to the Site or any sales via the Site (including but not limited to the purchase of S.S.B.I. products) must be commenced within one (1) year after the claim or cause of action arises. S.S.B.I.s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. S.S.B.I. may assign its rights and duties under this Agreement to any party at any time without notice to you.

S.S.B.I. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. The internal substantive laws of the State of Texas shall govern any claim relating to the materials.


Force majeure

S.S.B.I. shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of S.S.B.I. in the conduct of its business.


Severability


If any provision of this Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.


Submissions and Idea Submissions

Unless otherwise agreed to in writing, S.S.B.I. does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, S.S.B.I. cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with S.S.B.I. through this Site. Any ideas disclosed to S.S.B.I. outside of a pre-existing and documented confidential business relationship are not confidential and S.S.B.I. may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. S.S.B.I. will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in S.S.B.I.s sole discretion, it will be with the understanding that S.S.B.I. assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to S.S.B.I. through this Site, you agree to be bound by the terms of this Agreement.


Representations and Warranties

By using this Site, you represent that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or S.S.B.I. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site. You also represent that any information you provide is true and accurate.



Terms of Registration

Agreeing to the Terms of Registration indicates your acceptance of the following terms, the Terms of Use, and the Terms of Purchase. You certify, represent, and warrant that all purchases made by employees/agents of your organization utilizing your S.S.B.I. account number are authorized purchases of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with purchasing via S.S.B.I. and www.bagcorpstore.com. Furthermore, you expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall S.S.B.I. be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from S.S.B.I.


Terms Of Purchase


Product Warranty

Our products are warranted to the original purchaser to be free from defects in material and workmanship. S.S.B.I. will, at its option, either repair or exchange defective product for ninety (90) days from the date of sale. This warranty is only for the initial use of the product, and is exclusive of any other warranties expressed or implied, including, without limitations, obligations with respect to fitness, merchantability, and consequential damages.


Clearance/Sale Merchandise

All sales marked Clearance, Sale or Super Deal are final and will not be accept for refunds or exchanges.


Taxes

We are required to collect sales tax on deliveries ONLY in the States of Texas & Washington. We charge 8.25% sales tax only for orders shipped to a Texas address.


Tax Exempt Certificate

If your company or organization is exempt from paying Texas sale tax and has a Tax Exempt Certificate from the State of Texas, please call us at 888-787-0033. Our CSR will assist you in setting up your account with Texas sales tax exemption status. Only after set up is complete can you then complete your order with tax exempt status. The BAG Store does not process Texas sales tax exemptions retroactively. Texas Resale Certificate link


Order Acceptance Policy

Your receipt of an order confirmation, electronic or otherwise, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. S.S.B.I. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. An order shall not be deemed accepted by S.S.B.I. it is shipped.



Payment Policy


Credit cards

The BAG Store accepts American Express, Discover, MasterCard, and Visa.
We only accept credit cards from Cardholders with mailing address in the United States of America.


Guarantee


Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, S.S.B.I. will cover the entire liability for you, up to the full $50.00. S.S.B.I. will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at S.S.B.I. while using the secure server.
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.


Price Changes

Due to the volatility of our resource materials to manufacture our high quality products, prices may change without notice.


Shipping Policy


General Shipping Terms

Unless otherwise specified in writing, all sales are shipped F.O.B. Savoy (Texas UCC).
If you need to ship internationally, please call BAG Corp at 800-331-9200 to make special arrangements for your shipment. In the event of an export shipment, you agree and acknowledge that all commodities, technology or software are subject to the United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited.

Due to the type of the products and the quantities ordered some items may be sent via FedEx, UPS, FedEx Freight, or we may opt to ship using a Less than Truck Load (LTL) method. Please make sure you will have plenty of space for truck unloading capabilities. By accepting the order you will hold us free of liability in the event that the LTL causes any damages while on your property.

Standard shipping is normally 24 to 48 hours for preparing the order. Deliveries are dependent on your geographic location.

S.S.B.I. carefully screens and continually monitors its shipping carriers. The carrier presented to you during ordering represents the best overall value we can offer you in terms of speed, reliability and price.


Less Than Truck Load (LTL)

We use LTL for large or heavy shipments that will not be delivered by other couriers. For many orders, this is typically more economical.


Residential Delivery

Commercial delivery is selected by default. If shipping to a residential address is need, please make sure that Residential delivery is selected so we can select the appropriate carrier.



Return/Exchange/Cancelation Policy


General Return Policy

S.S.B.I. is committed to quality assurance and guarantees our products to be free from manufacturing defects or flaws. The customer may return new, unused items sold and fulfilled by the BAG Store within 30 days of delivery for a full refund only if they are defective. We will pay the return shipping costs if the return is a result of our error. Items should be returned in their original product packaging. Please call our Customer Service number at 888-787-0033 to talk to a representative who can assist and guide you through the process. A 35% restocking fee will be applied to all returns (excluding defective items). Customer pays all return freight costs. Refunds will only be issued after we have received and inspected the returned product.


Cancellations

Once your order has been authorized and shipped, it is considered final. To cancel an order that has not been shipped, please call Customer Service immediately at 888-787-0033.


Refunds

Refunds will be done via company checks after we received and inspected the product.



Customer Support

BAG Store Customer Support is available 8:00 A.M to 5:00 P.M. CST, Monday through Friday, excluding holidays. Our friendly and knowledgeable Customer Service Representatives provide outstanding support over the phone and through email. Our toll free number is 888-787-0033.


FREE SHIPPING
on orders $500 or over*

*Not applicable in Alaska or Hawaii*

*Does Not Apply to Equipment Sales.


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888-787-0033


For Custom
Super Sack® Containers
Call 800-331-9200


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