Effective Date: 06/12/2009
This web page represents a legal document and is the Terms and Conditions
(Agreement) for our website, www.fhsoil.com (Website). By using our Website, you
agree to fully comply with and be bound by the following Agreement each time you use
our Website.
Definitions
The terms “us”, “we”, and “our” refer to FHS SUPPLY CO INC., the owner of this
Website. A “Visitor” is someone who merely browses our Website. A “Member” is
someone who has registered with our Website to use our Services. The term “User” is a
collective identifier that refers to either a Visitor or a Member. The term “Product” refers
to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or
Services, whether produced by our Members or by us, are collectively known as our
“Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and FHS SUPPLY CO INC..
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER
PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING,
ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO
EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT
OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT
FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement
between you and FHS SUPPLY CO INC. and supersedes all other Agreements,
representations, warranties, and understandings with respect to our Website, Services,
and the subject matter contained herein. However, for you to use our Website and/or
Services, you may also be required to agree to additional terms and conditions. Those
additional terms and conditions will be incorporated into this Agreement unless
otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website.
You must review our Privacy Notice. If you do not accept and agree to be bound by all
the terms of this Agreement, including the www.fhsoil.com Privacy Notice, do not use
this Website or our Services.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our
Service, excluding legal action taken by us to collect or recover damages for – or obtain
any injunction relating to – website operations, intellectual property, and our Service, will
be settled solely by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim will be
arbitrated on an individual basis, and will not be consolidated in any arbitration with any
claim or controversy of any other party.
The arbitration will be conducted in Clover, SC, and judgment on the arbitration award
may be entered into any court having jurisdiction thereof. You or we may seek any
interim or preliminary relief from a court of competent jurisdiction in Clover, SC,
necessary to protect our or your rights or property pending the completion of arbitration.
Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Clover, SC, and
will be governed by and construed in accordance with the laws of the state
of SC without regard to conflict of law provisions. In addition, you agree to submit to the
personal jurisdiction and venue of such courts. Any cause of action by you with respect
to our Website or Service must be instituted within one (1) year after the cause of action
arose or be forever waived and barred.
Arbitration
Any dispute arising out of or in connection to this agreement, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved
by arbitration under the LCIA Rules, which are deemed to be incorporated, by
reference, into this clause. The seat, or legal place, of arbitration shall be Clover, SC,
USA The language of the arbitration shall be English The number of arbitrators shall
be one.
Limited License
FHS SUPPLY CO INC. grants you a nonexclusive, nontransferable, revocable license
to access and use our Website and Services strictly in accordance with this Agreement.
Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic
version of any part of our Website or Services may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes,
ordinances, and regulations regarding your use of our Website, Content, Services, and
any software provided therein.
Our Relationship to You This Agreement in no way creates any agency, partnership,
joint venture, or employee–employer or franchisor–franchisee relationship between you
and FHS SUPPLY CO INC..
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our
affiliates or other companies in the form of words, graphics, and logos. Your use of our
Website or Services does not constitute any right or license for you to use our service
marks or trademarks without the prior written permission of FHS SUPPLY CO INC..
Our Content, as found within our Website and Services, is protected under United
States and foreign copyrights. The copying, redistribution, use, or publication by you of
any such Content is strictly prohibited. Your use of our Website and Services does not
grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your
Membership is not transferable or assignable and is void where prohibited. Our Website
and Services are intended solely for Users who are at least (18) years of age or older.
Any registration by, use of, or access to our Website by anyone under that age is
unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our
Website and/or Services, you represent and warrant that you are (18) years of age or
older and agree to abide by all the terms and conditions of this Agreement. FHS
SUPPLY CO INC. has sole right and discretion to determine whether to accept a
Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow
you to access our Services. You agree to maintain the confidentiality of your password
and are fully responsible for all liability and damages resulting from your failure to
maintain that confidentiality as well as all activities that occur through the use of your
password.
You agree to immediately notify us of any unauthorized use of your password or any
other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as
discussed herein.
Errors, Corrections, and Changes We do not represent or otherwise warrant that our
Website will be error–free or free from viruses or other harmful components, or that we
will correct any errors. We do not represent or otherwise warrant that the information
available on or through our Website will be correct, accurate, timely, or otherwise
reliable.
FHS SUPPLY CO INC. reserves the right at our sole discretion to change any content,
software, and other items used or contained in our Website or Services at any time
without notice.
Disclaimer
Our Website publishes content supplied by third parties, Users, advertisers, merchants,
and sponsors. Accordingly, FHS SUPPLY CO INC. has no editorial control over such
content. Any opinions or other information or content expressed or made available by
third parties, including information providers, Users, or any other user of our Website,
are those of the respective author(s) and not of FHS SUPPLY CO INC.. FHS SUPPLY
CO INC. does not guarantee the accuracy, completeness, merchantability, or fitness for
any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by
third–party merchants. These merchants are responsible for all aspects of order
processing, fulfillment, billing, and customer service. We are not a party to the
transactions entered into between you and merchants. You agree that use of or
purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT
WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy
policies), and operating procedures of merchants will apply to you while on any
merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial,
investment, legal, and/or other professional advice and that no professional relationship
of any kind is created between you and FHS SUPPLY CO INC. or our Members. You
hereby agree that you will not make any financial, investment, legal, and/or other
decision based in whole or in part on anything contained in our Website or Services.
Warranty Disclaimer
FHS SUPPLY CO INC. is not responsible or liable in any manner for any Content
posted on our Website or in connection with our Services, whether posted or caused by
Members of our Website, or by FHS SUPPLY CO INC.. Although we provide rules for
Member conduct and postings, we do not control and are not responsible for what
Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content
you may encounter using our Website or Services. FHS SUPPLY CO INC. is not
responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for
maintenance or other reasons. FHS SUPPLY CO INC. assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction, unauthorized access to, or alteration of
Member communications.
FHS SUPPLY CO INC. is not responsible for any technical malfunction or other
problems of any telephone network or service, computer system, server or provider,
computer or mobile phone equipment, or software, or for any failure of email on account
of technical problems or traffic congestion on the Internet, or for any combination
thereof – including injury or damage to Members’ or any other person’s computer,
mobile phone, or other hardware or software – related to or resulting from the use or
downloading of materials in connection with our Website or Services, including, without
limitation, any software provided through our Website or Services.
Under no circumstances will FHS SUPPLY CO INC. be responsible for any loss or
damage, including any loss or damage, personal injury, or death resulting from
anyone’s use of our Website or Services, or any interactions between Users of our
Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship, recommendation, or any affiliation with our Website by third
parties or by any of the equipment or programming associated with or utilized by our
Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR
WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL
EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR
WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR
OTHER LIMITATIONS.
FHS SUPPLY CO INC., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY
WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. FHS SUPPLY
CO INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT
NOT LIMITED TO, RELATED SOFTWARE. FHS SUPPLY CO INC. DOES NOT
REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY
SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND
DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-
RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED
SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT
YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE
FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY
DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR
AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND FHS SUPPLY CO INC..
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL
CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL FHS SUPPLY CO INC. OR ITS DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM
YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED
SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR
SERVICES, EVEN IF
FHS SUPPLY CO INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, FHS SUPPLY CO INC.’S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR
WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF
YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Website through our Services (Member
Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no
control over Member Content and do not in any way guarantee its quality, accuracy, or
integrity. FHS SUPPLY CO INC. is not responsible for the monitoring or filtering of any
Member Content. Should any Member Content be found illegal, FHS SUPPLY CO INC.
will submit all necessary information to relevant authorities.
If any Member Content is reported to FHS SUPPLY CO INC. as being offensive or
inappropriate, we may ask the Member to retract or otherwise modify the questionable
content within 24 hours of being notified by FHS SUPPLY CO INC.. If the Member fails
to meet such a request, FHS SUPPLY CO INC. has full authority to restrict the
Member’s ability to post Member Content OR to immediately terminate the Member’s
membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content
that violates this Agreement or that is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable federal and state laws for
their content, including copyright and trademark laws. Members will respect copyright
and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property
rights of others in any way. In accordance with The Digital Millennium Copyright Act
(DMCA) and other applicable law, we have adopted a policy of terminating Members
whom we deem, in our sole discretion, to be infringers of others’ intellectual property
rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Use our Content to:
Use of Information
You grant FHS SUPPLY CO INC. a license to use the information and materials you
post to our Website. By posting, displaying, transmitting, performing, or otherwise
distributing information or other content (“Member Content”) to our Website, you are
granting FHS SUPPLY CO INC., its officers, directors, employees, agents, consultants,
representatives, and affiliates, a license to use the Member Content in connection with
the operation of the business of FHS SUPPLY CO INC., its directors, employees,
officers, affiliates, representatives, consultants, and agents, including, without limitation,
a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and
reformat Member Content. You understand and agree that you will not be compensated
for any Member Content. By posting Member Content on our Website or Service, you
warrant and represent that you own the rights to the Member Content or are authorized
to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including, but not limited to, reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third parties
and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses,
and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure
any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website
immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third–party websites. Inclusion of
links for any website on our Website does not mean that we endorse, guarantee,
warrant, or recommend the services, information, content, and/or data of such third–
party websites.
FHS SUPPLY CO INC. has no control over the legal documents and privacy practices
of third–party websites; you access any third–party websites at your own risk. We
recommend that you review the privacy notice and terms and conditions of those
websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any
payment information you supply is true and complete, (ii) charges incurred by you will
be honored by your bank or credit card company, (iii) you will pay the charges incurred
by you at the posted prices, including any applicable taxes, and (iv) if your initial
payment method is dishonored, you will still pay the incurred charges, including any
surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund your
purchase price within thirty (30) days of your notifying us in writing of your desire for the
refund together with a reason for the request subject to the return of the Product to us in
substantially the same condition as when you purchased it. Any refund or return may be
subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under
these Terms and Conditions will terminate without our notice if you fail to comply with
any term of these Terms and Conditions. Upon termination, you will stop representing
yourself as a registered Member or Client. You must delete or destroy any information
or content (including all copies) obtained from our Website. Certain provisions of this
Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of
liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third–party suppliers of
information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be
construed consistent with applicable law and the remaining portions will remain in full
force and effect. To the extent that any Content is in conflict or inconsistent with this
Agreement, this Agreement will take precedence. Our failure to enforce any provision of
this Agreement will not be deemed a waiver of such a provision, nor of the right to
enforce such a provision. Our rights under this Agreement will survive any termination of
this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you
advance notice of the changes by email or in writing. We will also post these changes
on our website. These changes will become effective 30 days after receipt of the notice.
To avoid doubt, no unilateral amendment will retroactively change agreed dispute–
resolution provisions of these Terms and Conditions, if any, including, for example,
arbitration provisions for then–pending disputes unless the parties expressly agree
otherwise. Your continued use of our Website, Services, and Products after any change
to these Terms and Conditions and our notifying you will constitute your acceptance of
such change. If you do not agree with the changes to these Terms and Conditions, you
can choose to discontinue the use of our Website, Services, and Products.
Copyright © James Chiodo – This document or any portion of it may not be copied or
duplicated without a license from http://www.DisclaimerTemplate.com
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