1. Changes to the Terms & Conditions
The Terms and Conditions constitute the entire agreement between Platinum Fire Supply, Inc. (PFS) and you pertaining to the subject matter hereof. PFS may change these Terms and Conditions of use at any time, without prior notice. If you access these Terms and Conditions of Use at any time, without prior notice. If you access or use any or all pages within this website and any material made available for download (collectively the “website”) after PFS posts a change, you accept that change. If you do not accept the change, do not access or use the website. You should check these Terms and Conditions of Use periodically.
2. Access and Use of the Website
PFS grants you a nonexclusive limited license to access and use the website solely for evaluating products and for making purchases, including to display, copy, distribute and download its content only for your personal, non-commercial and noncompetitive use, and provided that you do not modify the Website, its content, or any copyright or other propriety notices. This license terminates automatically if you breach these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.
Unauthorized use of the website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. Restrictions on Use of the Website
All pages within the Website and any material made available for download are property of PFS. Except as expressly authorized, you may not copy, modify, distribute, download, print, display, transfer, post, or transmit material from the website without the prior written permission of PFS. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements.
The following activities are also expressly prohibited without the prior written permission of PFS: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy (“mirroring”) the website or any of its content or content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products, and; any action that imposes unreasonable or disproportionately large load on the website or otherwise interferes with its functioning.
Any rights not expressly granted by these Terms and Conditions of Use or any applicable end-user license agreement agreements are reserved by PFS.
4. Posting and Transmitting to the Website
Except for information that is subject to the PFS Privacy Policy, PFS will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to PFS through the Website (by transmitting, posting, or otherwise), you agree that PFS may use that information in any way, for any purpose, including PFS’s own commercial purposes, subject only to the PFS Privacy Policy.
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material, PFS reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
5. Accuracy of Information and Colors
PFS has made every effort to present the content on the Website accurately, but additions, deletions and changes may occur. Although PFS attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform PFS so that it can be corrected. Information contained on the Website may be changed or updated without notice.
PFS has done its best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, PFS cannot guarantee that your monitor’s display of any color will be accurate.
6. Disclaimer of Warranty
The Website, including any content or information contained within it or any Website-related service is provided “as is,” with all faults; neither PFS nor its representatives make any representation or warranty with respect to content. PFS and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose. You assume total responsibility and risk your use of the Website, Website-related services, and hyperlinked Websites.
PFS is not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Website, Website-related services, content or information contained within the website, and/or any hyperlinked Website. Your sole remedy for dissatisfaction with the Website, Website-related services, and/or hyperlinked Websites is to stop using the Website and/or those services.
7. Limitation of Liability
Under no circumstances will PFS or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk.
8. Links to this Website
PFS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray PFS or its products or services in a false, misleading, derogatory, or offensive manner. You may not use the PFS logo, name, trademark or other proprietary graphic in the link without the prior written permission of PFS.
9. Links to Third Party Websites
PFS has not reviewed or control third party Websites that link to or from the Website, is not responsible for their content, and makes no representation whatsoever about any other Website that you may access through this Website. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use. In addition, a hyperlink to a non-PFS products Website does mean that PFS endorses or accepts any responsibility for content, or the use, of the linked Website. It is up to you to take precautions to ensure that whatever you select for your use of download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
10. Ownership
The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Website is owned by PFS or others. “Platinum Fire Supply, “PFS” and the PFS logo are trademarks of Platinum Fire Supply, Inc. All other trademarks, service marks and logos used in the Website are trademarks, service marks or logos, and the property of their respective owners. Some images are courtesy of manufacturers. Except for the limited rights granted above, all other rights are reserved.
11. >For Use in the United States
This Website is controlled and operated by PFS from its offices within the United States. PFS does not represent that the Website is appropriate or available for use elsewhere; access to the Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.
12. Digital Millennium Copyright Act (DMCA)
Policy.
If you are notifying PFS of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:
a. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works covered by a single notification, a representative list of such works;
b. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
e. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of the Claimed Copyright Infringement:
Platinum Fire Supply
Elk Grove Village,IL 60007
Sales@PlatinumFireSupply.com
13. No Unlawful or Prohibit Purpose
As a condition of your use of this Website, you warrant to PFS that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
14. Purchases from PFS
By purchasing any product from Platinum Fire Supply, Inc. (“PFS”) and the performance of the transactions contemplated hereby, you represent, warrant and covenant that you are not required to obtain any consent, exemption, approval or action of, or make any filing with or give any notice to any government or any department or agency thereof or any other entity or any government or political subdivision thereof, including any judicial or administrative body, whether federal, state, local or foreign, or any agency or instrumentality thereof and any arbitration panel or tribunal (“Governmental Body”).
Furthermore, you represent, warrant and covenant that any purchase by you from PFS will not conflict with or result in any breach of any of the terms and conditions of, or constitute a default under any statute, law, rule, regulation or ordinance imposed by any Governmental Body in effect on or prior to the purchase transaction or any judgment, decree, award, injunction or governmental order imposed by any Governmental Body to which you are subject or may be bound.
You agree to indemnify and hold PFS harmless from and against all liabilities whatsoever, including without limitation, any damages, losses, and liabilities, including attorneys’ fees and costs, arising out of or in connection with any misrepresentation, breach of warranty, non-performance of any covenant or obligation, breach of any provision contained in these Terms and Conditions, misuse or unauthorized use of any product purchased from PFS and all actions, suits, proceedings, demands, assessments, judgments, costs, and expenses, including attorney fees, incident to any of the foregoing.
15. Intended Use
As part of PFS’s consideration to sell you PFS products, you hereby covenant, represent, acknowledge and agree that (i) PFS has no control over your (or such end user’s) use of the purchased products, (ii) you (or such end user) will use the purchased products only for such product’s intended use as designated by PFS and (iii) you assume complete responsibility for identifying, issuing and following all required instructions and warnings concerning the use of the purchased products.
Effective: May
10, 2016
