Copyright
PowerArc, Fire Products Company, Inc., St. Louis,
Missouri.
PLEASE READ THE TERMS AND CONDITIONS OF
USE ("Terms") ALONG WITH THE PRIVACY
STATEMENT VERY CAREFULLY.
BY VISITING, BROWSING,
ACCESSING, ONLINE ORDERING OR OTHERWISE USING THIS
WEB SITE (“The
Site") OPERATED BY POWERARC - FPC, INCORPORATED
(“PowerArc”), YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
These terms and
conditions are subject to change without prior
notice at any time, in PowerArcs sole discretion.
By visiting, browsing, accessing, online ordering
or otherwise using the Site after a change has
been posted to the Site, the user accepts that
change. Users should check the Terms along with
the Privacy Policy frequently.
The information,
documents, photographs, images and related graphics
published in this Internet site (the "Information")
are the sole property of PowerArc. Permission
to use the Information is granted, provided that
(1) the above copyright notice appears on all
copies; (2) use of the Information is for informational
and non-commercial or personal use only; (3)
the Information is not modified in any way; (4)
no graphics available from this Internet site
are used separate from accompanying text; (5)
Information does not portray PowerArc, or its
affiliates, or their products or services in
a false, misleading, derogatory, or otherwise
offensive matter. You may not use any PowerArc
logo or other proprietary graphic or trademark
without express written permission.
All product
names appearing in this Internet site are trademarks
owned by or licensed to PowerArc, its subsidiaries
or affiliates. No use of any PowerArc trademark,
trade names, or products in this Internet site
may be made without the prior written authorization
of PowerArc, except to identify the product or
services of the company.
Except as permitted above,
no license or right, express or implied, is granted
to any person under any patent, trademark or
other proprietary right of PowerArc.
Each person
assumes full responsibility and all risks arising
from use of this Internet site. The Information
is presented "AS IS" and
may include technical inaccuracies or typographical
errors. PowerArc reserves the right to make additions,
deletions, or modifications to the Information
at ANY time without any prior notification.
PowerArc
does not review or control third-party sites
that link to or from the Site, and is not responsible
for the contents of any third-party sites linked
to or from the Site.
POWERARC MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT
TO THE INFORMATION. POWERARC HEREBY DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT SHALL POWERARC BE LIABLE FOR ANY
DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING
LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE EXISTENCE
OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION,
REGARDLESS OF WHETHER POWERARC HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES.
No confidential
relationship shall be established in the event
that any user of this Internet Site should make
any oral, written or electronic response to PowerArc
(such as feedback, questions, comments, suggestions,
ideas, etc.). Such response and any information
submitted therewith shall be considered non-confidential,
and PowerArc shall be free to reproduce, publish
or otherwise use such information for any purposes
whatsoever including, but without limitation
too, the research, development, manufacture,
use or sale of products incorporating such information.
The sender of any information to PowerArc is
fully responsible for its content, including
its truthfulness and accuracy and its non-infringement
of any other person's proprietary rights.
Finally,
by accessing the PowerArc web site and using
the information therein available and/or by purchasing
any products or services made available through
this Site, you agree with PowerArc, its service
providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content
provider of goods or services on this Site or
through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND
ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST
ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED
TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION. Hearings shall be held as provided
and if any In-person Hearing is required, it
shall be held in St. Louis, Missouri. Each party
shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Unless
otherwise noted, product names, descriptions
and labeling are of U.S. origin. All products
may not be available in all countries. If you
disagree with any of the Terms and conditions
of use, please do not visit, browse, order online,
access or otherwise use the PowerArc Site.
Privacy Statement
Your privacy is important to
us, and we realize that our business is based
solely on the trust that we maintain with all
of our visitors. To better protect your privacy,
we provide this notice explaining our online
information practices and how the collected information
is utilized.
Information Collected by PowerArc
At certain
parts of our site you can, request information,
order products, or otherwise express an opinion.
The types of personally identifiable information
that may be collected at these pages include:
name, address, e-mail address, telephone number,
fax number, and information about your interests
in and use of various products, programs, and
services. The amount of information collected
depends on you. More detailed personal information
is collected when placing an online order than
what is collected when submitting an information
request.
At certain parts of some of our sites,
only persons who provide us with the requested
personally identifiable information will be able
to order products, programs, and services or
otherwise participate in the site's activities
and offerings.
We also may collect certain non-personally
identifiable information when you visit many
of our web pages such as the type of browser
you are using (e.g., Netscape, Internet Explorer),
the type of operating system you are using, (e.g.,
Windows '95 or Mac OS), the domain name of your
Internet service provider (e.g., America Online,
Earthlink), and the IP address to measure site
traffic.
How We Use the Information Collected:
We may
use the information you provide about yourself
to fulfill your requests for our products, programs,
and services, to respond to your inquiries about
our offerings, and to offer you other products,
programs or services that we believe may be of
interest to you.
We sometimes use this information
to communicate with you, such as to notify you
when you have won one of our contests or when
we make changes to our subscriber agreements,
to fulfill a request by you for an online newsletter,
or to otherwise contact you.
The information we
collect in connection with our online forums
and communities is used to provide an interactive
experience. We use this information to facilitate
participation in these online forums and communities
and, from time to time, to offer you products,
programs, or services.
If you choose to submit
content for publication (e.g., a "letter/email to the webmaster"),
we may publish your letter/email name and other
information you have provided to us.
We sometimes use the non-personally identifiable
information that we collect to improve the design
and content of our site and to enable us to personalize
your Internet experience. We also may use this
information in the aggregate to analyze site
usage, as well as to offer you products, programs,
or services.
We may disclose personally identifiable
information in response to legal process, for
example, in response to a court order or a subpoena.
We also may disclose such information in response
to a law enforcement agency's request.
No person
or persons outside of certain direct PowerArc
employees and our web consulting firm have access
too or contact with any information collected
and are required to protect this information
in a manner that is consistent with this Privacy
Notice. Employees who violate our privacy pledge
will be subject to our normal disciplinary process.
All new employees are required to conform to
our privacy pledge. Whenever we hire other organizations
to provide support services, we will require
them to conform to our privacy pledge and to
allow us to audit them for compliance.
Although
we take appropriate measures to safeguard against
unauthorized disclosures of information, we cannot
assure you that personally identifiable information
that we collect will never be disclosed in a
manner that is inconsistent with this Privacy
Notice.
We may on occasion combine information
we receive online with outside records to enhance
our ability to market to you those products or
services that may be of interest to you. If you
prefer not to receive marketing information from
this site, click here for instructions on how
to make your request.
The PowerArc web site, covered
by this Privacy Notice will not use or transfer
personally identifiable information provided
to us in ways unrelated to the ones described
above without also providing you with an opportunity
to opt out of these unrelated uses.
Collection of Information by Third-Party Sites
and/or possible Sponsors:
Portions of our site
may contain links to other sites whose information
practices may be different than ours. Visitors
should consult the other sites' privacy notices
as we have no control over information that is
submitted to, or collected by, these third parties.
The
PowerArc web site covered by this Privacy Notice
sometimes may offer content (e.g., contests,
sweepstakes, or promotions) that is sponsored
by or co-branded with identified third parties.
By virtue of these relationships, the third parties
may obtain personally identifiable information
that visitors voluntarily submit to participate
in the site activity. PowerArc has no control
over these third parties' use of this information.
How to Contact PowerArc about the Website
If
you have any questions or concerns about the
PowerArc online policy for this site or its implementation
you may contact us at PowerArc@PowerArc.net
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