P.C. Richard & Son's Terms of Use

REGISTRATION & SECURITY OF YOUR ACCOUNT

In order to access some features of the Site, you may be required to register and to select a password. If you register, you agree to provide us with information that is true and accurate, and to inform us promptly of any changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel your account in our discretion.

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your password, whether or not you authorize such activities. Any password for your access to this Site shall be for your personal, non-commercial use only. You agree to: (a) immediately notify us of any unauthorized use of your account or password of which you become aware; (b) use your account at only one computer at a time; and (c) ensure that you exit from your account at the end of each session.

USE RESTRICTIONS

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other materials, and all code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, code and software ("Contents") are subject to copyrights held by or licensed to P.C. Richard & Son, and all rights thereto are specifically reserved. Title to the Contents remains with P.C. Richard & Son. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

We authorize you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: "Copyright © 2016, P.C. Richard & Son. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to P.C. Richard & Son and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms of Use, we grant a non-exclusive limited, non-transferable license to use the Site. You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original Site, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without our written permission, "mirror" any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. P.C. Richard & Son reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Without limiting the foregoing, you agree that you will not, and you will not allow any other individual or entity to:

1. download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon publicity display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly allowed under these Terms of Use;
2. remove any copyright, trademark or other proprietary rights notice contained in or on this Site;
3. use any web-crawler, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
4. reformat or frame any portion of any web pages that are part of this Site;
5. create or transmit to other users unsolicited electronic communications, such as "spam", or otherwise interfere with other users’ enjoyment of this Site;
6. transmit or upload to this Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, or any other website, or any computer or other device or system;
7. use this Site to violate, or attempt to violate, the security of or gain unauthorized access to any computer or computer network or other device or system;
8. copy or store any content offered on this Site other than for your personal, non-commercial use;
9.  take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the technology infrastructure used to operate and make this Site available; or
10. use this Site, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

USER SUBMISSIONS

The personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

If you post a review or submit any other content on our Site, you understand and agree that you are solely responsible for any messages or content you post, publish or display on this Site or transmit to users and we reserve the right to review and delete any content for any or no reason. We retain the right to remove any messages or content from the Site that in its sole discretion violates any of the restrictions or guidelines set forth in these Terms of Use.

Except as provided under Submission of Ideas (below), we do not claim ownership of any information or material a user provides to us or posts, uploads, input, submits, or transmits to this Site ("Submission"). You also agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) post any content that is false, inaccurate, misleading or fraudulent; (b) post, upload or transmit any comments or content that infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or is proprietary to a third party, without such third party’s prior written consent; (c) make any Submission that is an advertisement or solicitation of business; (d) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (e) post a chain letter or pyramid scheme; impersonate another person; (f) distribute viruses or other harmful computer code; (g) harvest or otherwise collects information about others, including email addresses, without their consent; (h) post the same note more than once or "spamming;" or (i) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by us. If you make a Submission, you automatically grant – or warrant that the owner of such content has expressly granted – P.C. Richard & Son a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, we are not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. We are not responsible for the consequences of any Submission. We are not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. We will have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right (but are not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

SUBMISSION OF IDEAS

It is our policy not to accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to us through this Site or otherwise shall be the property of P.C. Richard & Son, and may be treated by us as non-confidential information. We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

PROMOTIONS

Any and all offers or promotions advertised on this Site or by us are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

ERRORS IN PRODUCT DESCRIPTION OR PRICING

While P.C. Richard & Son strives to ensure accuracy in all product descriptions, the Contents of this Site may contain typographical errors or inaccuracies. Therefore, pcrichard.com reserves the right to correct any errors, inaccuracies or omissions at any time (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You expressly agree that your use of this Site or the Contents is at your sole risk. This Site, and any information or Content on this Site, and any services made available to you are provided on an "AS IS," and "AS AVAILABLE" basis. We disclaim warranties of any kind, whether express or implied, and to the fullest extent permissible pursuant to applicable law, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that your use of this Site, or that the functions contained on the Site, will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of any viruses or other harmful components. We do not warrant or make any representations regarding the use of, or the result, of the use of the Contents in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction.

Except as otherwise provided under applicable laws, neither P.C. Richard & Son, nor its corporate affiliates, nor the directors, officers, employees, agents, joint venture partners, independent contractors, successors or assigns of each, or unaffiliated third parties shall be liable for any damages whatsoever arising out of or related to this Site or any other website linked to this web site. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if pcrichard.com is notified in advance of the potential for any such damages.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the disclaimers or limitations set forth above in this section, may not apply to you.

ENDORSEMENTS

If you are employed by P.C. Richard & Son or if you have received or will receive any compensation or consideration from P.C. Richard & Son in exchange for any opinion, endorsement, review or critique that you post, upload or transmit on our Site, you must clearly and conspicuously disclose the nature of your connection to P.C. Richard & Son.

CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Site may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). We do not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that we shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate our approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. We make no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

INDEMNITY

You agree to defend, indemnify, and hold P.C. Richard & Son, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

MODIFICATION OR SUSPENSION OF THE SITE

You agree that we may, in our sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

GENERAL

We make no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Registration & Security of Your Account, Use Restrictions, User Submissions, Errors in Product Description or Pricing, Disclaimer of Warranties and Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

DISPUTE RESOLUTION

Any dispute or claim relating in any way to your use of any P.C. Richard & Son service, or to any products or services sold or distributed by P.C. Richard & Son or through P.C. Richard & Son Sites, including the determination of the scope or applicability of this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

This agreement does not in any way alter your ability to bring concerns to the attention of P.C. Richard & Son’s Customer Service, or to raise any concerns with federal, state, or local agencies. The Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to conflict of laws principles, apply to this agreement and any dispute or claim between you and P.C. Richard & Son.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal Department at Legaltakedownprocedure@pcrichard.com The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

You and P.C. Richard & Son are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. P.C. Richard & Son, however, will pay for the arbitration administration or filing fees, including the arbitrator and/or other AAA case management fees ("Administration Fees"), under the following circumstances: (1) for any disputes totaling up to $2,500, P.C. Richard & Son will pay all Administrative Fees; and (2) for any disputes totaling over $2,500 and up to $10,000, the parties will adhere to the AAA’s Costs of Arbitration section of the Consumer Arbitration Rules, however, P.C. Richard & Son will pay all Administrative Fees upon you providing P.C. Richard & Son with a signed written notice indicating the basis for your inability to pay your portion of the Administrative Fees. If the claim is determined by the arbitrator to be frivolous, however, P.C. Richard & Son will not pay any portion of your Administrative Fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. In cases where an in-person hearing is held, you and/or P.C. Richard & Son may attend by telephone, unless the arbitrator requires otherwise.

We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of AAA would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. Further, and unless we each expressly agree in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

These Terms of Use will be governed by the laws of the State of New York, and shall be interpreted, construed, enforced and governed in all aspects in accordance with the exclusive jurisdiction and laws of New York. Any suit, cause of action, or legal proceeding arising under or relating to this Site or your use of any P.C. Richard & Son service that is not addressed through arbitration or in small claims courts as provided above, shall be in the exclusive jurisdiction and venue of the state courts of New York, situated in Nassau County, New York, or the federal courts situated in the U.S. District Court for the Eastern District of New York.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us (address identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
3. Your name, address, telephone number, and (if available) email address;
4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative; and
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

    P.C. Richard & Son
    150 Price Parkway
    Farmingdale, NY 11735
    Attn: Legal Department
    631-843-4300
    Legaltakedownprocedure@pcrichard.com

In an effort to protect the rights of copyright owners, P.C. Richard & Son maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of P.C. Richard & Son on this Site, these Terms of Use, including our Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Site and Contents.