Conditions of Use

PREFACE

Wilks Supply Company is a tradename registered to Aspen Shops LLC. References to Wilks, Wilks Supply or Wilks Supply Company unless otherwise stated shall mean Aspen Shops LLC dba Wilks Supply Company. References to wilkssupply.com also include www.wilkssupply.com. The terms "us", "we" and "our" used herein shall mean Aspen Shops LLC dba Wilks Supply Company

WEBSITE

The internet domain wilkssupply.com is registered to Aspen Shops LLC. Our website addresses are www.wilkssupply.com and wilkssupply.com.

PRODUCTS

Products sold by Wilks Supply Company are new merchandise unless otherwise stated. We do not sell used merchandise. 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aspen Shops LLC 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 Aspen Shops LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Aspen Shops LLC or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

ASPEN SHOPS, ASPEN SHOPS ONLINE, ASPEN SHOPS LLC, ASPEN MART, ASPENMART.COM, ASPEN WEBS, ASPENWEBS.COM, ASPENSHOPSONLINE.COM, ASPEN-SHOPS.COM, ASPENSHOPS.NET HOSPITALSLIPPERS.COM, THE ADHESIVE REMOVER STORE and other Aspen Shops graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Aspen Shops LLC or its affiliates in the U.S. and/or other countries. Aspen Shops LLC'S trademarks and trade dress may not be used in connection with any product or service that is not Aspen Shops LLC 'S in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aspen Shops LLC or the above named marks or enterprises. All other trademarks not owned by Aspen Shops LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aspen Shops LLC or its affiliates.

LICENSE AND SITE ACCESS

Aspen Shops LLC 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 Aspen Shops LLC. 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 Aspen Shops LLC. 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 Aspen Shops LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Aspen Shops LLC'S name or trademarks without the express written consent of Aspen Shops LLC. Any unauthorized use terminates the permission or license granted by Aspen Shops LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of wilkssupply.com or www.wilkssupply.com so long as the link does not portray Wilks Supply Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Aspen Shops or Wilks Supply Company 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. Wilks Supply Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use wilkssupply.com only with involvement of a parent or guardian. Wilks Supply Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; 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, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Wilks Supply Company 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 Wilks Supply Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Wilks Supply Company 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 Aspen Shops LLC or its affiliates for all claims resulting from content you supply. Wilks Supply Company has the right but not the obligation to monitor and edit or remove any activity or content. Wilks Supply Company takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Aspen Shops LLC and Wilks Supply Company 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, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All items purchased from Wilks Supply Company 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

Wilks Supply Company and its affiliates attempt to be as accurate as possible. However, Wilks Supply Company 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 Wilks Supply Company itself is not as described, your sole remedy is to return it in unused condition in accordance with our returns policy posted elsewhere on the wilkssupply.com website.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Despite our best efforts, a small number of the items listed on our website may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

All prices are FOB Colorado Springs, CO USA unless otherwise noted.

SALES TAX

Aspen Shops LLC dba Wilks Supply Company collects sales tax for only those orders shipped to locations in the state of Colorado. We do not charge sales tax on orders shipped to any other location. Depending on your state's regulations, you may be required to pay a Use Tax in your state, but there is no sales tax paid through us if we bill and ship to a location outside of Colorado.

Colorado tax exempt entities may file a copy of their Colorado Tax or Exemption license or certificate or provide the license or certificate number when ordering. Colorado taxes will not be collected if valid tax exemption information is provided.

INTERNATIONAL SALES:

Wilks Supply Company ships to a limited number of countries. Buyers are responsible for all tariffs, taxes, port handling fees and other miscellaneous customs charges. Note that un-du brand products include flammable liquids. Shipments of un-du brand products are limited to certain areas. See our "Shipping and Returns" policy posted elsewhere on wilkssupply.com

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Aspen Shops LLC dba Wilks Supply Company  ON AN "AS IS" AND "AS AVAILABLE" BASIS. Aspen Shops LLC and Wilks Supply Company  MAKE 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, Aspen Shops LLC and Wilks Supply Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Aspen Shops LLC and Wilks Supply Company DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Aspen Shops LLC or Wilks Supply Company ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Aspen Shops LLC and Wilks Supply Company 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 wilkssupply.com, you agree that the laws of the state of Colorado, 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 Wilks Supply Company or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to wilkssupply.com or to products you purchase through Wilks Supply Company Online shall be submitted to confidential arbitration in Colorado Springs, Colorado, except that, to the extent you have in any manner violated or threatened to violate Aspen Shops LLC intellectual property rights, Aspen Shops LLC dba Wilks Supply Company may seek injunctive or other appropriate relief in any state or federal court in any state, 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, such as our privacy, shipping and returns policies, posted on this site. These policies also govern your visit to wilkssupply.com. 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.

OUR ADDRESS

Wilks Supply Company
div Aspen Shops LLC
12793 Pine Valley Dr
Falcon, CO 80831

website: http://www.wilkssupply.com

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aspen Shops LLC's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aspen Shops LLC and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Aspen Shops LLC's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Wilks Supply Copyright Agent
Aspen Shops LLC
12793 Pine Valley Dr
Falcon, CO 80831

phone: (877)834-8541
fax: (206) 339-7080
e-mail: copyright@aspenshopsonline.com

Courier address:
Wilks Supply Copyright Agent
Aspen Shops LLC
12793 Pine Valley Dr
Falcon, CO 80831

USA

 

The domain name wilkssupply.com is registered to Aspen Shops LLC.