1. Acceptance of Terms.
2. Changes to Terms.
We may modify these Terms without prior notice. You are responsible for reviewing these Terms periodically for changes. BY CONTINUING TO USE THIS SITE AFTER WE POST CHANGES TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS (AS MODIFIED). YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS. These Terms were last updated on October 11, 2011.
3. Intellectual Property.
(a) Our Content. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to PFC Products. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). You may not download, print, view, copy, republish, distribute, prepare derivative works, or otherwise use the Content other than as expressly permitted. Such rights to download, print, view, copy, republish, distribute, prepare derivate works, and otherwise use the Content are not applicable to the design, layout, or look and feel of this Site. Such elements of this Site are protected by IP Rights and may not be copied, imitated, or retransmitted without PFC Products’ prior written consent. Your use of the Content, the creation of products or materials using the Content, and the combination of the Content with any Materials (as defined below) do not create joint authorship, joint ownership or “works made for hire” with PFC Products in or regarding such Content.
(b) Your Materials. You may choose to upload, submit, or otherwise transmit to PFC Products or to this Site various materials (“Materials”) to obtain products or services from us. We have the right but not the obligation to supervise and review such Materials. You agree not to upload, submit, or otherwise transmit Materials that (i) are unlawful, libelous, scandalous, or improper; (ii) infringe another’s IP Rights; or (iii) contain viruses or other harmful, disruptive, or malicious computer code.
Without PFC Products’ prior written consent, you may not (a) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs); (b) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; (c) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information; (d) use any meta tags or any other “hidden text” utilizing PFC Products’ name, trademarks, or service marks; (e) use PFC Products’ logo or other proprietary graphic, trademark, or service mark as part of a link; or (f) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
5. Representations and Warranties.
You represent and warrant to PFC Products that (a) information you supply during the registration and ordering process is true, accurate, current, and complete; and (b) with respect to the Materials and any other information that you upload, submit, or otherwise transmit to PFC Products or to this Site, you have all the necessary rights, title, and interest therein to grant to PFC Products a worldwide, royalty-free, non-exclusive right under all IP Rights to use, reproduce, modify, transmit, distribute, perform, and display such Materials and information to the extent necessary to provide you with products and services that you request.
We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. We my also modify or discontinue providing this Site or any part of this Site with or without notice. PFC Products will not be liable to you or to any third party for any termination of your access to or use of this Site or for any modification to or termination of this Site.
THIS SITE IS PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PFC Products AND ITS SUPPLIERS AND CO-BRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PFC PRODUCTS DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
8. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PFC PRODUCTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $100.00 OR (II) THE AMOUNT OF FEES THAT YOU PAID TO PFC Products FOR PRODUCTS OR SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You agree to indemnify, defend, and hold PFC Products and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of this Site and the products and services available on the Site, (c) any Materials that you upload, submit, or otherwise transmit through this Site, (d) your access to or use of any web sites linked to this Site, and (e) any dealings between you and any third parties relating to this Site.
11. Third Parties.
We may use a third-party service provider to manage the sale of and payment for products and services on this Site. We may also provide links on this Site to other independent web sites on the Internet that are owned and operated by third-party vendors or other third parties not under our control. These links are not intended as an endorsement by PFC Products of the entity or individual operating the web site or a warranty of any type regarding the web site or the information on the web site. By using this Site, you acknowledge that PFC Products is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
12. Void Where Prohibited.
This Site is controlled, operated, and administered by PFC Products or its service provider from the United States. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PFC Products reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.
13. Choice of Law; Dispute Resolution.
All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Waxahachie, Texas using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in Waxahachie, Texas, using Texas’ laws (without regard to Texas’ rules on conflict of laws). To the maximum extent permitted by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Ellis County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Ellis County, Texas.
If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. PFC Products’ failure to act in a particular circumstance, including any failure by PFC Products to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. PFC Products will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. PFC Products may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of PFC Products or to any subsidiary or successor in a merger or acquisition involving PFC Products. If an express conflict exists between these Terms and the terms of a separate agreement between you and PFC Products for products or services, the terms of that separate agreement will control.