The Web Site, www.NapaFireSprinklers.com, (referred to herein, as the “Web Site”) is owned and operated by Sam Cowell Fire Protection. The following Terms of Use, (together with our Privacy Policy), describe the terms, covenants, and conditions which govern your use of the Web Site. By your use of the Web Site, you agree to follow and be bound by these Terms of Use. If you do not agree or accept the terms and conditions set forth herein, you will be denied access and we will not authorize you to use the Web Site.
Agreement
These Terms of Use constitute an agreement between you and Sam Cowell Fire Protection with respect to your use of the Web Site and the receipt by you of any services, documents and/or data from the Web Site. By accessing the Web Site, you acknowledge that you have read and understand the Terms of Use set forth herein and agree to be legally bound by them.
When you register as a user of the Web Site or for any feature offered thereon, you will be prompted to affirmatively agree to these Terms of Use by clicking on the words “I agree” or “I accept”. Your agreement or acceptance of these Terms of Use is a condition to gaining access to the Web Site and by clicking the words “I agree” or “I accept”, you will confirm that you have read these Terms of Use and the Privacy Policy and agree to be legally bound by them and understand that your continued use of the Web Site is expressly conditioned upon your compliance with these Terms of Use. If you do not agree or accept all of these Terms of Use, you will not be given authorization or access to use the Web Site. You may unsubscribe to any feature or service for which you have previously subscribed by clicking on the “unsubscribe” link available on the Web Site.
You may be required to pay for the use of certain products or services, or to access certain of the information and/or documentation on the Web Site. We will charge your credit card only after we have verified your information through the proper channels. This is for your protection as well as ours and will further aid us in the prevention of fraud. If your credit card information cannot be verified, we will have no alternative but to decline your order.
Eligibility to Use the Web Site
You must be at least eighteen (18) years of age or have reached the age of legal consent in your jurisdiction to access the Web Site. You may use the Web Site and any of their features provided your use does not and will not violate any law in any applicable jurisdiction nor violate the terms and provisions of these Terms of Use. You may not, at any time during your use of the Web Site, impair, impede, damage, disrupt or in any way interfere with the Web Site. Without limiting the generality of the foregoing, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep-link, scrape, data mine, or otherwise use any information or material accessed, viewed, downloaded or otherwise obtained from the Web Site. You may not post any content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, blogs or other Web Site without the prior written permission of Sam Cowell Fire Protection, which may be given or denied in its sole and exclusive discretion.
You further agree not to use the Web Site or any information made available to you on the Web Site (collectively, “Information”) for any unlawful purpose whatsoever. You hereby agree that you will cooperate in all respects with any requests by Sam Cowell Fire Protection to protect its rights or the rights of its subsidiaries, affiliates, licensors, and third-parties which provide data and other Information to the Web Site (collectively, “Third Party Providers”) to protect their respective rights in the Web Site and in the Information.
Ownership of Information
The Web Site are made available to you for the limited purposes set forth in and subject, at all times, to these Terms of Use. Unless expressly stated otherwise in these Terms of Use, all right, title and interest in and to the Web Site, and the Information contained therein, including, without limitation, all copyrights, trademarks and other proprietary or protected property, are and shall continue to be the exclusive property of Sam Cowell Fire Protection and its Third Party Providers and you acknowledge and agree that these Terms of Use are expressly subject to any agreements between Sam Cowell Fire Protection and its Third Party Providers relating to the Information. Sam Cowell Fire Protection will use commercially reasonable efforts to protect all proprietary information on the Web Site. If you believe that any Information posted on the Web Site infringes your rights under any trademark or copyright law, please contact us immediately in writing at the following email address:
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Content Disclaimer
Sam Cowell Fire Protection and its Third Party Providers do not guarantee the accuracy, reliability, completeness, or timeliness of the Information on the Web Site. All Information contained in the Web Site are provided “as is” and as available. Sam Cowell Fire Protection does not guarantee or warrant, and makes no representations that any Information comprising the Web Site are appropriate for a particular use and you assume the sole risk of using or relying upon any Information or services available to you through the Web Site.
Third Party Content Disclaimer
If you access content from Web Site through a link on the Web Site (“Links”), YOU DO SO AT YOUR OWN RISK. Sam Cowell Fire Protection expressly disclaims, is not responsible for, and makes no representation and/or warranty that any content accessed through Links has been screened by Sam Cowell Fire Protection or that such content is accurate, free from errors or Viruses (as defined below), or that the content is consistent with what the third party represents it to be. You hereby agree that Sam Cowell Fire Protection shall not have any liability to you with respect to any damages which may result from your use of any Links which may appear on the Web Site.
Downloaded Information
Subject to these Terms of Use, you will be permitted to download Information from the Web Site only when the Web Site expressly authorize you to do so (“Downloaded Information”). Downloaded Information may only be copied for your internal, non-commercial use and for no other purpose whatsoever. Any copies of Downloaded Information made in compliance with this Paragraph 6 must contain all copyright notices and trademarks exactly as they appear on the original documents. You may not, under any circumstances whatsoever, modify, amend, change or otherwise use the Downloaded Information in any way other than as expressly stated in these Terms of Use. Without limiting any other right or remedy available to Sam Cowell Fire Protection at law or in equity, the permission to use Downloaded Information granted to you herein will automatically terminate in the event that you modify or otherwise use such materials in violation of this Paragraph, at which time you must immediately destroy all Downloaded Information and any copies thereof in your possession, custody or control.
Sam Cowell Fire Protection expressly disclaims any responsibility and makes no representation or warranty that Downloaded Information will be free from viruses, worms, Trojan horses or other code (collectively “Viruses”) that may contaminate or destroy your property. Should you download Downloaded Information, you do so at your own risk. You are solely responsible for implementing adequate procedures and protections to safeguard yourself, your data and your property from Viruses and for maintaining adequate means to restore and/or reconstruct programs, data and/or other information which may be destroyed or otherwise corrupted by Viruses. YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, COSTS AND EXPENSES INCURRED AS A RESULT OF YOUR USE OF DOWNLOADED INFORMATION AND THE WEB SITE.
No Advice or Solicitation
The Information and the Web Site are to be used by you for informational purposes only and do not constitute and are not an offer or a solicitation of an offer to buy or sell any security, or an endorsement or recommendation of any security by Sam Cowell Fire Protection, its subsidiaries, affiliates, officers, directors, employees, agents or Third Party Providers. You acknowledge and agree that you are not to rely upon the Web Site or any of the Information therein as investment or financial advice, you will make your own investigation independent of the Information and Web Site prior to making any investment or financial decisions and that any investment or financial decisions made in reliance on the Information contained in the Web Site are made at your own risk.
Disclaimer of Warranties and Limitation of Liability
THE WEB SITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND THE ACCURACY OF THE INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BY YOU BEFORE YOU RELY UPON IT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO EXPRESS OR IMPLIED (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR USE, OR (C) WARRANTY OF ANY KIND REGARDING THE WEB SITE, THE INFORMATION AVAILABLE ON THE WEB SITE OR ANY ASPECT OF THE SERVICES PROVIDED BY THE WEB SITE (INCLUDING BY NOT LIMITED TO DOWNLOADED INFORMATION). NEITHER SAM COWELL FIRE PROTECTION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, NOR REPRESENTATIVES, NOR ITS THIRD PARTY PROVIDERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU, WHETHER CONTINGENT OR OTHERWISE, FOR THE TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION COMPRISING THE WEB SITE OR FOR YOUR USE OF OR ANY ACTIONS TAKEN BY YOU IN RELIANCE ON THE INFORMATION AND THE WEBSITES. NEITHER SAM COWELL FIRE PROTECTION NOR ITS THIRD PARTY PROVIDERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PARTY UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THE INFORMATION AND THE WEB SITE.
Indemnification
You agree to indemnify and hold harmless Sam Cowell Fire Protection, its subsidiaries, affiliates and their respective officers, directors, employees, agents and representatives, and the Third Party Providers and their officers, directors, employees, agents and representatives, from and against any and all third party claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to (i) your use of the Web Site, the Information or Downloaded Information, and/or (ii) any violation by you of these Terms of Use and/or any third party’s rights, including but not limited to copyright, proprietary and privacy rights.
Personal Data
Your personal information and our use of such information, is governed by our Privacy Policy set forth below. We urge you to carefully review our Privacy Policy to learn how we handle and safeguard such information.
Force Majeure
Sam Cowell Fire Protection shall not be held liable for its failure to comply with any of the terms and conditions of these Terms of Use if such failure, interruption of services or delay is directly or indirectly due to causes beyond its reasonable control, including, without limitations, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of Third Party Providers and/or other unaffiliated third parties, third party software providers or communication interruptions.
Entire Agreement
These Terms of Use and the Privacy Policy which follows embody the entire understanding between you and Sam Cowell Fire Protection with respect to the Web Site and the Information and supersede any and all prior representations and agreements, if any, oral or written, with respect thereto.
Term and Termination and Amendments
These Terms of Use are effective immediately upon the date and time when you first use the Web Site. We reserve the right to terminate these Terms of Use at any time and from time to time without further notice and we can deny you access to the Web Site or any portion thereof at our sole and exclusive discretion. We reserve the right to change the terms and conditions of these Terms of Use upon notice, which notice requirement may be satisfied by us by posting any change or modification on the Web Site, or through the use of e-mail. Any change or modification shall take effect immediately when posted on the Web Site or as of the date which we send such change or modification directly to you, whether by e-mail or otherwise. Your continued use of the Web Site following the effective date of such change or modification will be conclusively deemed an acceptance of the amended Terms of Use. You agree that posting of changes and modifications to these Terms of Use constitutes reasonable and sufficient notice of any change or modification to the Terms of Use.
Severability
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule by a court in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but this Agreement shall be construed and enforced in the affected jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.
Waiver
Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any default or failure of performance. No waiver by Sam Cowell Fire Protection or any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Any waiver hereunder must be in writing signed by the party to be charged.
Governing Law And Venue
These Terms of Use are governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction of, and venue in, Napa County, located in the State of California for the purposes of adjudicating any matter arising from or in connection with these Terms of Use.
Assignment
These Terms of Use shall not be assigned by you under any circumstances; however, Sam Cowell Fire Protection reserves the right to assign its rights and obligations under these Terms of Use.
Last Updated: July 9, 2019