TERMS OF USE

 

Effective Date: [May 23, 2016]

Welcome! Prock Operations, Inc. d/b/a For Your Convenience and its affiliated companies (together, “FYC” or “we” or “us”) offers this [ecotecsurfaces.com] website and other websites linking to these terms of use (collectively, the “Site”), and we appreciate your use of the Site, for our mutual purposes. We know how important it is to maintain the integrity of the Site, and we hope that you will find it useful and informative. The Site, including its content, design, structure, and look-and-feel, is the property of or licensed by FYC and protected by copyright, trademark, and other intellectual property and unfair competition laws.

The following terms of use (“Terms”) describe the terms and conditions which govern your access to and use of the Site. Before accessing and using the Site, please carefully read these Terms.

BY USING THE SITE, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, PLEASE IMMEDIATELY STOP USING THE SITE.

 

Changes to the Terms

The effective date of these Terms is set forth at the top of this page. We reserve the right to modify these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms. Such revised Terms supersede all previous versions of the Terms. We encourage you to review these Terms regularly.

 

Content

As between you and FYC, we retain full and complete title or license to all information and materials provided on or through or submitted to the Site, including, but not limited to, any artwork, graphics, text, video and audio clips, trademarks, logos, and other content (collectively, the “Content”). You may access the Content, including downloading, printing, and/or copying, solely for your own use. Unless FYC provides you with prior written authorization to do so, or except as otherwise set forth in a license agreement specific to particular Content, you may not:

 

(a) incorporate any Content into any other work (such as your own website) or use Content in any public or commercial manner;

           (b) copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell      Content in any form or by any means; or                                                                                                                                .

             (c) change any of the notices about copyright, trademarks, or other intellectual property rights that may be part of the Content                .

 

Your Submissions

FYC may from time to time offer areas where you and other users can post or otherwise submit your information, suggestions, ideas, or other materials (collectively, “Submissions”). By sending, posting, or transmitting Submissions to FYC (and/or our designees) or any area of the Site, you grant FYC and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform, and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Submissions are deemed non-confidential and nonproprietary.

 

You are responsible for the content of your Submissions. By sending, posting, or transmitting Submissions to FYC (and/or our designees) or any area of the Site, you represent and warrant that:

 

(a) you own or otherwise control all of the rights to your Submissions, including, without limitation, all copyrights and trademarks;

(b) your Submissions are true and accurate;                                                                                                                                     .

(c) your Submissions do not violate the rights of any other person or entity, such as rights of privacy and publicity; and                .

(d) your Submissions comply with all applicable laws, rules, and regulations.                                                                                  .

 

You acknowledge and agree that FYC has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted your Submissions. FYC takes no responsibility and assumes no liability for Submissions posted by you or any third party.

We strongly encourage you not to disclose any personal information in your Submissions because other people may see and use such personal information. We are not responsible for any information that you choose to communicate via Submissions.

 

Using the Site

BY ACCESSING, USING, AND/OR SUBMITTING INFORMATION TO OR THROUGH THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN THE AGE OF 13 AND THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOU HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF SUCH A USER, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.

 

FYC may, in its sole discretion, terminate your access to the Site without notice at any time for any or no reason.

 

While using the Site, you will not:

(a) create a false identity or impersonate any person;                                                                                                                      .

(b) transmit to or through the Site any advertisement, solicitation, junk mail, or other unsolicited or unauthorized commercial or  .

promotional content without our prior written authorization;                                                                                                  .

(c) disrupt or attempt to disrupt the proper working of the Site, including, but not limited to, hacking into our servers or social      .

media accounts;                                                                                                                                                                     .

(d) restrict or inhibit any other person from using the Site;                                                                                                                .

(e) use any bot, scraper, or other automated means to access the Site or transmit any virus, worm, Trojan or other malware to or

through the Site;                                                                                                                                                                     .

(f) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;                        .

(g) “frame” or “mirror” any part of the Site without our prior written authorization;                                                                            .

(h) post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive,             .

disruptive, harmful or otherwise objectionable (as determined by FYC in its sole discretion); or                                          .

(i) assist any person in engaging in any of the activities described above.                                                                                       .

 

Third-Party Websites

The Site may contain links to third-party websites and services, including social media. FYC does not control such third-party sites, and is not responsible for the availability of, any information or materials on, or any form of transmission received from them. The inclusion of a link does not imply endorsement by FYC of such third-party sites or any association with the operators of the sites. FYC does not investigate, verify, or monitor third-party sites, and provides links for your convenience only. You access such third-party sites at your own discretion.

 

Privacy Policy

We appreciate your concerns about the privacy of the personal information you provide to us through the Site. Use of the Site is subject to our Privacy Policy, which is incorporated herein by this reference. By using the Site, you acknowledge and agree that transmission of information over the Internet is never completely private or secure, and there is the possibility that information you send or receive from the Site may be intercepted by others, even if there is a notice that a particular transmission is encrypted.

 

Disclaimers of Warranties and Limitations of Liability

We represent and warrant that FYC has validly entered into these Terms and has the legal power to do so. You represent and warrant that you have validly entered into these Terms and have the legal power to do so.

 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FYC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, FYC DOES NOT WARRANT THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) OPERATION OF THE SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR (c) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY FYC OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

YOU AGREE THAT IN NO EVENT WILL FYC BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF FYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FYC SITE. THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that FYC would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.

 

               Indemnification

              You hereby indemnify and defend FYC and its directors, officers, employees, and agents from and against all losses, liabilities, actual or

        pending claims, actions, damages, expenses, and costs of defense, including, but not limited to, reasonable attorneys’ fees, brought

           against FYC by any third-party arising from your use of the Site or any violation of these Terms, the rights of a third-party, or applicable

         law. FYC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of FYC may be made without our prior written approval.               .

 

              Governing Law

              These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Missouri, without giving

              effect to its principles of conflicts of laws, and are binding upon the parties hereto in the United States and worldwide. You agree to

              submit, and hereby do submit, to the jurisdiction of the courts located in the State of Missouri for the resolution of all disputes arising

              from or related to these Terms and/or your use of the Site.

              You and FYC agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the

              interpretation or construction of these Terms. You and FYC further agree that each may bring claims against the other only on an

              individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

 

              Termination

              The agreement between you and FYC created by these Terms automatically terminates in the event you fail to comply with any term or

              condition herein. FYC may terminate or modify your access to the Site, with or without notice to you, at any time for any or no reason.

              Termination will not limit any of FYC’s other rights or remedies. Sections 2 - 3, 7 - 9, 11, [EITHER: and 13 OR 13, and 14] survive

              termination or expiration of such agreement.

 

              Jurisdictional Issues; Taxes

              You are responsible for your compliance with all applicable laws. We reserve the right to limit the availability of the Site and/or Content to

              any person or geographic area at any time for any or no reason. You are solely responsible for any and all duties, taxes, levies, or fees

              (including any sales, use, or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.

 

              Claims of Copyright Infringement

              If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual

              property rights otherwise have been violated on or through the Site, please send your claim or notice of infringement to FYC via email at

              marketing@fyc.com (with “Infringement Claim” as the subject line) or send a letter to the attention of the “Marketing Department” at the

              following address:

Prock Operations, Inc. d/b/a For Your Convenience

321 East Hardy Street

St. James MO 65559

 

              Miscellaneous

              These Terms, together with the Privacy Policy, contain the entire understanding by and among FYC and you with respect to the matters

              contained herein, and there are no promises, covenants, or undertakings other than those expressly set forth herein.

 

              These Terms inure to the benefit of and will be binding upon FYC, you, and all successors and permitted assigns, respectively. You may

              not assign your rights and obligations under these Terms without FYC’s prior express written consent.

 

              If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if

              such unenforceable or invalid provision had not been inserted herein.

 

              If FYC fails to enforce any term hereof, the failure to enforce on any occasion does not constitute a waiver of any term and will not

              prevent enforcement on any other occasion.

 

              Nothing contained in these Terms will be deemed to create an agency or partnership relationship between you and FYC, and you are not

              and shall not be an agent or representative of FYC, nor joint venturers or partners.

 

              If either party is prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the

              reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or

              inability to perform due to such occurrence.

 

              The headings and captions contained herein are for convenience only.

 

              California Residents

              With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Site,

              California residents are entitled to the following specific consumer rights information.

 

The provider of the Site is:

Prock Operations, Inc. d/b/a For Your Convenience

321 East Hardy Street

St. James MO 65559

573.265.5191

 

To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of the “Marketing Department” at the above address or email marketing@fyc.com with “California Resident Request” as the subject line.

 

BY USING THE SITE, YOU EXPRESSLY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Copyright © 2016 Prock Operations, Inc. d/b/a For Your Convenience. All rights reserved. FOR YOUR CONVENIENCE™, ECOTEC SURFACES™, the Ecotec Surfaces logo, and all other such marks and logos are trademarks of Prock Operations, Inc. d/b/a/ For Your Convenience or its affiliates.

 

ph: 800.356.8351     f: 573.265.5124      a: 321 East Hardy • St. James, MO • 65559      Email: info@ecotecsurfaces.com

Terms of Use, Privacy Policy

© 2016 Prock Operations, Inc. All rights reserved. The EcoTec Surfaces logo, EcoTec Surfaces™, the For Your Convenience logo, and For Your Convenience™ are trademarks of Prock Operations, Inc. or its affiliates.