Terms & Conditions of Service
(Last Updated: January 24, 2018)
Falcon Safety Products, Inc. (“Falcon Safety”) operates this website (the “Site”) and The Terms and Conditions of Use apply to the Site. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to all such terms, conditions and notices, please stop using the Site.
LICENSE AND SITE ACCESS
Falcon Safety grants you a limited license to access and use the Site for the purpose of learning about Falcon Safety and its products, and for purchasing such products as are offered for sale on this Site.
This license does not grant you the right to resell products ordered from this Site or to otherwise make use of the Site for any purpose other than ordering such products as may be offered on the Site from time to time You are not granted a license to use of any product listings, descriptions, files or prices contained on this Site except for the purpose of purchasing items from this Site and for using the products. 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 is specifically forbidden. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Falcon Safety. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Falcon Safety without express written consent. You may not use any meta tags or any other hidden text utilizing Falcon Safety’ name or trademarks without the express written consent of Falcon Safety. Any unauthorized use terminates the permission or license granted by Falcon Safety. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, Falcon Safety or its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Falcon Safety logo or other proprietary graphic or trademark as part of the link without express written permission.
You must open an account to order product from us. If you decide to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the account registration form. As part of the account registration process you will choose a password and enter your e-mail address as your user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Falcon Safety immediately of any unauthorized use of your account or any other breach of security. Falcon Safety will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Falcon Safety or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons using your account) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. Falcon Safety may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
Falcon Safety reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Falcon Safety reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Falcon Safety may also terminate or suspend your access to the Site for inactivity (if you do not log on for six months or longer).
RISK OF LOSS
For all purchases from the Site, the risk of loss and title for such items pass to you upon our delivery to the carrier (e.g. Federal Express, UPS, U.S. Postal Service).
Falcon Safety and its affiliates attempt to be as accurate as possible when describing our products and services. However, Falcon Safety does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.
Our return policy is separately stated on our website. Follow the instructions on the website if you need to return a product that you have purchased.
NOTWITHSTANDING the foregoing, if the website indicates that a product is on special or final sale and is not returnable, such sales are final and no return will be accepted and no refund will be given.
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM FALCON SAFETY, SOLELY BY ELECTRONIC COMMUNICATION. YOU CONFIRM THAT YOU HAVE PROVIDED FALCON SAFETY A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION. YOU FURTHER AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
All content included on the Site, such as text, graphics, logos, button icons, images, templates, PDF files, digital downloads, and data compilations, is the property of Falcon Safety or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Falcon Safety and is protected by U.S. and international copyright laws. All software used on the Site is the property of Falcon Safety, and is protected by United States and international copyright laws.
Falcon Safety and the Falcon Safety logo are trademarks or trade dress of Falcon Safety. These trademarks and trade dress may not be used in any way without the express, written consent of Falcon Safety. All other trademarks not owned by Falcon Safety or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Falcon Safety or its subsidiaries.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY FALCON SAFETY ON AN “AS IS” AND “AS AVAILABLE” BASIS. FALCON SAFETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
YOU SPECIFICALLY AGREE THAT FALCON SAFETY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR DATA, OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FALCON SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FALCON SAFETY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM FALCON SAFETY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FALCON SAFETY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES SHALL FALCON SAFETY BE LIABLE OF DAMAGES IN EXCESS OF (i) IF THE LIABILITY ARISES OUT OF A PRODUCT YOU PURCHASED, THE PURCHASE PRICE OF THE PRODUCT CAUSING THE DAMAGES; and (ii) IF THE LIABILITY DOES NOT ARISE OUT OF A PRODUCT YOU PURCHASED, ONE HUNDRED DOLLARS ($100.00).
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.
The laws of the state of New Jersey, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Falcon Safety or its affiliates.
The New Jersey Superior Court located in Somerville, New Jersey and the United States District Court for the District of New Jersey shall have exclusive jurisdiction over any dispute arising out of this agreement, your use of the Site, or your purchase of products on this Site and you agree to the exclusive jurisdiction of such court.
Arbitration under this agreement shall be conducted under the Commercial Rules then prevailing of the American Arbitration Association, provided however that the arbitration shall be by a single neutral arbitator selected from a list of arbitrators provided by the American Arbitration Association in accordance with the American Arbitration Association procedures for such selection. 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
Falcon Safety reserves the right to change the terms, conditions, and notices under which the the Site and our services are offered, including but not limited to the charges associated with the use of the Site and services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices. 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.
Falcon Safety Products Inc.
25 Imclone Drive
Branchburg, NJ 08876
phone number: 908.707.4900
Copyright © 2018 Falcon Safety – All Rights Reserved.