Terms and Conditions

Phifer

Terms and Conditions

TERMS OF USE

This Terms of Use Agreement (“Agreement”) is a legal agreement between Phifer Incorporated (hereinafter referred to as “Phifer”), and you, as a user (“User”) of the web site located at http://www.phifer.com (“Web Site”). By accessing information on this Web Site, User acknowledges that User has read, understands and agrees to comply with the terms and conditions stated within this Agreement. By using the Web Site and/or submitting any content, User agrees to be bound by and comply with this Agreement. If you do not wish to be bound by this Agreement, do not use the Web Site.

You understand and agree that the Web Site is public and is provided to you on an AS IS and AS AVAILABLE basis. Phifer reserves the right to modify, suspend, or discontinue the Web Site with or without notice at any time and without any liability to you.

(1) User Conduct. User agrees that all the information accessed will be used only to allow the User to use the services and products offered by Phifer. You may use the Web Site for lawful purposes only. User will not make any other unauthorized use of this Web Site, or any interactive features available on this Web Site.  You agree that you are responsible for your own use of the Web Site, for any content you submit to Phifer, and for any consequences thereof.

(2) Termination. You agree that Phifer, in its sole discretion, may terminate your access to or use of the Web Site, at any time and for any reason, including without limitation if Phifer believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the Web Site. Upon any such termination, your right to use the Web Site will immediately cease. You agree that any termination of your access to or use of the Web Site may be effected without prior notice, and that Phifer may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither Phifer nor any affiliated entity will be liable to you or any third party for any termination of your access to the Web Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
(3) Privacy. Phifer collects information about the users of this Web Site. Collection of this information is governed by its Privacy Policy, which may be accessed from www.phifer.com
(4) Corporate Identification and Trademarks. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Web Site are the property of Phifer, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Phifer’s prior written permission. The use of Phifer Marks on any other web site, without authorization, is prohibited.
(5) Proprietary Rights to Content. All materials contained on the Web Site are protected by copyright law except where explicitly noted otherwise. All rights reserved.
The Web Site contains copyrighted material, trademarks and other proprietary information, which may include data, text, software, photos, video and graphics (“Content”). You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Web Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Web Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
(6) Copyright Claims. To make a complaint about a copyright violation on the Web Site, send an email to info@phifer.com and it will be delivered to and addressed by the appropriate company staff
(7) Links to Third Party Sites. At times, the Web Site may contain links to third-party web sites, which are not under the control of Phifer. Phifer makes no representations whatsoever about any other web site to which User may have access through the Web Site. When User accesses another web site, User does so at User’s own risk and acknowledges that Phifer is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Phifer shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third-party companies and web sites on the Web Site is for informational purposes only and does not constitute an endorsement or recommendation.

(8) Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT PHIFER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF PHIFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

(9) Disclaimer of Warranties. While every effort is made to insure accuracy, Phifer makes no warranty that the Web Site will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does Phifer make any warranty as to the results that may be obtained from the use of the Web Site or as to the accuracy or reliability of any information obtained through this Web Site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, PHIFER PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
(10) Indemnification. User agrees, at User’s expense, to indemnify, defend and hold harmless Phifer, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this Web Site or any product or service related thereto.
(11) Governing Law. This Agreement and the relationship between User and Phifer shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its choice of laws provisions.  User (a) consents to the exclusive personal jurisdiction and venue of the federal and state courts in or for Tuscaloosa County, Alabama in any action arising out of or relating to this Agreement; and (b) irrevocably waives any objection to personal jurisdiction or venue in such courts, including but not limited to, objections based on the doctrine of forum non conveniens or 28 U.S.C. Section 1404. Should the federal and state courts in or for Tuscaloosa County, Alabama refuse to exercise jurisdiction for any reason, either party to this Agreement may bring a cause of action,  suit, or action in a court of competent jurisdiction located within the United States.
(12) Waiver/Severability. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
(13) Reservation of Rights. Any rights not expressly granted herein are reserved.
(14) Questions. For any questions, or legal concerns, please contact Phifer @ info@phifer.com
Effective Date: November 15, 2013