Terms of Use

. Use Of The Website

The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Fisk Industries, Inc. (“Fisk Industries Inc” or the "Company") has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from Fisk Industries Inc. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Fisk Industries, Inc. or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Fisk Industries, Inc. or cause Fisk Industries, Inc. to lose (in whole or in part) the services of our suppliers.

These products and services made available by Fisk Industries, Inc. and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Fisk Industries, Inc.'s prior written consent. Fisk Industries, Inc. and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to your purchase and are incorporated by reference herein.

You acknowledge and agree that you have read and consent to the terms of the Fisk Industries, Inc. Privacy Policy, which is incorporated by reference herein.

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Fisk Industries, Inc. and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Fisk Industries, Inc. and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Fisk Industries, Inc. trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.

You agree that all ideas, comments, suggestions or other information that You provide to Fisk Industries, Inc. regarding the Site or products and services provided on the Site (the "Feedback") shall be Fisk Industries, Inc.'s property, and may be used by Fisk Industries, Inc. on a non-confidential and unrestricted basis, without compensation to you.

You agree that Fisk Industries, Inc. has no obligation to, but may monitor and review information You transmit over the Site. You agree that Fisk Industries, Inc. may censor, edit, remove or prohibit the transmission or receipt of any information that Fisk Industries, Inc. deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of Fisk Industries, Inc.. You agree that Fisk Industries, Inc. may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

This Site includes links to other web sites. Fisk Industries, Inc. provides such links solely as a convenience to you and for informational purposes only. Fisk Industries, Inc. has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Fisk Industries, Inc.'s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Fisk Industries, Inc., nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Fisk Industries, Inc. is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Fisk Industries, Inc. reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

SEE SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS

Fisk Industries, Inc. and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Fisk Industries, Inc. and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.

SEE SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. FISK INDUSTRIES, INC. HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

SEE SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS

YOU AGREE THAT IN NO EVENT SHALL FISK INDUSTRIES, INC., ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY FISK INDUSTRIES, INC. OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.

SEE SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS

You agree to indemnify and hold Fisk Industries, Inc. and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. Fisk Industries, Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

SEE SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

You agree that any dispute will be governed by the law of the State of New York and that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with your use of the Company’s website, its products, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever banned.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 14.

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 8, 9, 10, 11, 12 and 13 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Fisk Industries, Inc. reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 13 (formal dispute resolution by binding arbitration).

Fisk Industries, Inc. may at any time amend, modify or supplement any terms and conditions applicable to the Site, and your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.