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Terms Of Use

FAIRMONT SUPPLY COMPANY AND AFFILIATES

TERMS OF USE

Fairmont Supply Company (?Fairmont,? ?we,? ?our,? or ?us?) owns and operates the Fairmontsupply.com site (?Site?).


The following Terms of Use (?Terms?) govern your use of the Site. Other websites or content owned or controlled by Fairmont may have their own terms of use and should be reviewed.


By using the Site, you agree and consent to be bound by these Terms. These Terms are a legal contract between you and Fairmont.


The purpose of the Site is to provide information about Fairmont and its products, and to allow users to order products through the Site. Please note that in order to inquire about, or generate quotes or submits orders for, any products through the Site, you must apply through our pre-approval process. More information on that process and the related rules can be found at in our Terms and Conditions .


AGE

The Site is intended for users 18 years of age and older. You represent that you are 18 years of age or older by using the Site.


GEOGRAPHIC LIMITATION

Fairmont operates the Site from a hosted solution in the United States, and the Site is generally intended for users within the United States. If you use the Site or order any products from outside of the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any such local laws. Please note that by using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to the United States.


INTELLECTUAL PROPERTY

Other than any exceptions noted elsewhere in these Terms or on the Site, all other content on the Site is the property of Fairmont including, but not limited to, all marks, logos, trade names, text, data, documents, pictures, images, video, audio, graphics, or other electronic files (referred to hereafter as ?Fairmont Content?).

Certain elements of Fairmont Content are copyright protected under U.S. and international copyright laws and treaties. Fairmont Content may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non-commercial use. 

Fairmont is a service mark of Fairmont.


CHANGES TO THESE TERMS

Fairmont reserves the right to change these Terms at any time. By using the Site subsequent to any change of these Terms, you agree to be bound by such changes. Any changes to these Terms will be highlighted below for at least 30 days prior to such changes taking effect. If the changes involve how we collect, use or share personally identifiable information, we will send an email to Site account holders concerning the changes at least 30 days prior to the changes taking effect.


PASSWORD/USERNAME PROTECTION

You will need to set up a Site account through our pre-approval process in order to use some of the services on the Site. You are responsible for maintaining the confidentiality of your Site account access information, and agree to notify Fairmont if your access information is lost, stolen, or disclosed to an unauthorized party. You are responsible for all activities that occur under your Site account.


SUBMISSION OF CONTENT

The Site does not generally allow for the submission of content from Site users (?UGC?). However, there may be times when you send to us UGC, such as when you place a Site order or otherwise contact us with an inquiry. In this regard, Fairmont will do its part to keep such information confidential. However, if you contact us with a new product or business idea or for any other reason other than related to a potential or existing Site order, all such UGC will be deemed to have been provided on a non-proprietary and non-confidential basis. You also agree that Fairmont has a royalty-free, perpetual, sub-licensable, transferrable, irrevocable, worldwide, non-exclusive right, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC contemplated by this paragraph for the purpose of marketing the Site or conducting its business. Please do not send us UGC that is illegal because you will be completely liable for any damages or harm we or others may incur as a result of sending us such UGC. Fairmont reserves the right to cooperate with and reveal to law enforcement or courts any UGC you submit to us. 


COPYRIGHT INFRINGEMENT NOTIFICATION

If you believe that any UGC or other content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Fairmont?s designated agent for notice of claims of copyright infringement:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Fairmont to locate the material.

(iv) Information reasonably sufficient to permit Fairmont to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fairmont?s Designated Agent is: Copyright Agent / 437 Jefferson Avenue, Washington, PA 15301 / ph: 888-889-9683 / email: sales@fairmontsupply.com

Please note that Fairmont takes copyright infringement very seriously and will remove infringing content from the Site. Fairmont will also terminate the Site account of any person determined to be a repeat infringer.


PROHIBITED CONDUCT

In connection with your access and/or use of the Site, you agree not to:

-violate any federal, state, or local laws or regulations;

- use any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site;

- impose an unreasonable or disproportionately large network strain on Fairmont?s computer and network infrastructure;

- hack into or gain unauthorized access to protected areas of the Site, Fairmont?s computers, servers or networks, and/or any computers or systems used by other users of the Site;

- destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Fairmont or other users; - make unauthorized attempts to modify any information stored on, accessed, or collected by the Site;

- defeat or circumvent Site security features; or

- submit false or misleading information when signing up for a Site account, or create an account on behalf of someone else.

The previous list of prohibitions is not exclusive. Fairmont reserves the right to terminate your access to the Site for any behavior Fairmont deems inappropriate. By accepting these Terms, you waive and hold harmless Fairmont from any legal claims resulting from any action (or inaction) taken (not taken) by Fairmont during or as a result of Fairmont?s investigation into inappropriate or illegal behavior and/or from any actions taken as a consequence of investigations by either Fairmont or law enforcement related to your use of the Site.


DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR OWN RISK. FAIRMONT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. FAIRMONT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITE.

FAIRMONT DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE. FAIRMONT DOES NOT WARRANT THAT ANY SITE ERRORS WILL BE CORRECTED. THE SITE, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.


LIMITATION OF LIABILITY

IN NO EVENT WILL FAIRMONT, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF FAIRMONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE, EVEN IF FAIRMONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR RESULTING DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FAIRMONT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO FAIRMONT FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF THAT IS THE CASE, FAIRMONT?S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.


INDEMNITY

You agree to indemnify, defend and hold harmless Fairmont, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (?Indemnified Parties?), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Fairmont or any of the Indemnified Parties suffer arising from any claim or demand from a third party that relates to your use of the Site, your breach of these Terms, or use of the Site by any person using your Site account password. Your indemnification obligation shall survive the termination of these Terms.


PRIVACY POLICY

Your use of the Site is also governed by Fairmont?s Privacy Policy . The Fairmont Privacy Policy is incorporated by reference into these Terms.


LINKS TO THIRD PARTY SITES

The Site may contain links to third party sites not controlled or affiliated with Fairmont. Fairmont is not responsible for the content at the linked sites. Fairmont?s display of the links are not meant to imply that Fairmont approves or endorses the linked sites or any products/services available on those linked sites.

You visit the linked sites at your own risk and should consult the linked sites? own policies.


THIRD PARTY ADVERTISEMENTS

The Site may display third party advertisements, some of which may link to the advertisers? own sites. The placement and appearance of third party advertisements on the Site is not meant to suggest that Fairmont endorses or approves of the advertiser, advertisement, advertiser's site, or any of the products and/or services being advertised. You visit the advertiser's site and/or purchase the advertiser's products or services at your own risk.


MISCELLANEOUS

Any disputes relating to these Terms or the Site are governed by, and will be interpreted in accordance with, the laws of Pennsylvania without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Pennsylvania (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in Pennsylvania courts, and agree not to plead or claim in any court that such litigation brought therein has been brought in an inconvenient forum.

Fairmont reserves the right without notice and reason to disable the Site.

These Terms constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Fairmont with respect to the Site.



If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

If you violate any portion of these Terms, Fairmont reserves the right, without an obligation to do so, to deny you access to the Site.   Fairmont has the right to terminate any password-restricted Site account for any reason.

Fairmont?s failure to enforce any portion of these Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these Terms.

If you interact with us through your Site account for any reason, including for the purposes of obtaining a product quote or information, or in connection with placing a product order, such interaction or product order may have additional terms you will be bound by in addition to these Terms. If any additional term contemplated under this paragraph is inconsistent with these Terms, the additional term will govern.


If you need to contact Fairmont for any reason not already specified in these Terms, please use the following contact information: 437 Jefferson Avenue Washington, PA 15301 / ph: 888-889-9683 / email: sales@fairmontsupply.com

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