Terms and Conditions
ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.FIREKING.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
FireKing International reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. FireKing International may, at any time, in its discretion terminate your access to this Web Site. Access to the Web Site may be monitored by FireKing International If you are accessing this Web Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.
FireKing International maintains copyright protection in all materials, information, and publications (collectively, "Web Site Information") it places on this Web Site, FireKing International consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web Site Information will retain all copyright and other proprietary notices and that you will not modify the Web Site Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web Site Information, in whole or in part, without the prior written consent of FireKing International.
As a condition of your use of this Web Site, you will not use the Web Site or the Web Site Information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web Site in any manner that could damage, disable, overload, or impair the operation of this Web Site or use by third parties.
Certain restricted product information is available on this Web Site only to licensed customers of FireKing International that are registered to receive information via passwords issued by FireKing International. This restricted information is considered confidential and proprietary information of FireKing International. If you are a registered customer or a representative of a registered customer, FireKing International authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by FireKing International Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of their license, product or service agreement with FireKing International You shall not transfer your password to unauthorized parties. You will immediately notify FireKing International of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.
Certain information available on this Web Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the party who originated it and that FireKing International has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web-link to another party's web site an endorsement of such other party, their products or their services.
You may link to the FireKing International home page but are not authorized to link to any other page on the FireKing International Web site without the prior express written consent of FireKing International provided that FireKing International reserves the right to withdraw this consent at any time in its discretion. You may not use any of FireKing International's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by FireKing Internationals; 2) cause confusion, mistake, or deception; 3) dilute FireKing International's trademarks, service marks or trade names; or 4) otherwise violate applicable law.
FireKing International makes no representations or promises to develop, provide, or market any software, service or product discussed on this Web Site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.
Web Site Information may refer to products, programs or services that are not available in your country. Consult your local FireKing International representative for information about the products, programs and services that may be available to you.
Any software that is available for download from this Web Site is the copyrighted property of FireKing International and/or its supplies. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service.
Neither FireKing International nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (collectively, the "BMC Group") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of FireKing International shall have no responsibility to provide access to this Web Site while the interruption of this Web Site due to any such cause shall continue. FireKing International may discontinue providing access to this Web Site at any time.
Disclaimer; Limitation of Liability; Indemnity
This Web Site and all Web Site Information is provided "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL ANY MEMBER OF FIREKING INTERNATIONAL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.FIREKING.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF FIREKING INTERNATIONAL SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold FireKing International harmless from and against all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Web Site or any Web Site Information.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Information provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.
Submissions
Any information, material, or idea you submit to this Web Site by any means will be treated as non-confidential and non-proprietary and may be used by FireKing International and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web Site will be used by FireKing International in accordance with its Privacy policy. You shall not post or otherwise transmit to or from this Web Site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.
Restricted Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web Site Information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Web Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is FireKing International, 800 Hicks Dr., Elburn, IL 60119, USA. Any contract notices should be sent to this address.
Severability
If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of User.
See FireKing International's Privacy statement relating to the collection and use of information through this Web Site.
Product Orders
While we will use our best efforts to fulfill all orders, FireKing cannot guarantee the availability of any particular product displayed on this Site. FireKing reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. FireKing reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).