Please
read these terms and conditions carefully before using this site. Use
of this site constitutes your agreement to the terms and conditions of
use set forth in this Agreement and in all documents and materials
incorporated by reference here, including, but not limited to, our
license and warranty. If you do not agree to our Terms of Use, please
do not use the site.
OSHA Fast Fix Services
Terms of Use
OSHA
Fast Fix does not guarantee that you will be satisfied with products or
services purchased from vendors, advertisers or other third parties
that link to or from OSHAfastfix.com. We do not endorse any individual
vendor or advertiser or any of their products or services, and have not
taken any steps to confirm the accuracy or reliability of any of the
information provided by them. As a service to both buyers and sellers,
we will capture your order information, create an authorization with
your merchant account (e.g., with your credit card company), and
provide the order information to the participating vendor, along with
the authorization from the merchant bank. OSHAfastfix.com does not
design, make, sell, or ship any of these products or accessories.
OSHAfastfix.com has no control over the quality, safety or legality of
any item advertised or listed. Quantities of some items may be limited.
All orders are subject to prior sale. Neither OSHAfastfix.com nor its
vendors guarantee that all orders will be filled.
The
content of the OSHAFastfix.com web site, such as text, graphics,
images, information and other material ('content') contained on the
site is for informational purposes only. The content is not intended to
be a substitute for professional or legal advice. Always seek the
advice of your attorney with any questions you may have regarding a
regulatory compliance issue or situation.
You must be 18 or over to order anything online. There may be restrictions depending on individual vendor policies.
Payments
At
this time, all payments must be made via a credit card. You are solely
responsible for charges owed for all goods and services purchased
through this site, including applicable taxes, shipping charges,
insurance, and any other costs.
Vendor warranties, guarantees and return policies
Vendors
and advertisers are solely responsible for warranties and guarantees on
goods or services sold, and on return policies. Users should check
individual policies before purchasing anything online.
No agency
You
and our vendors and advertisers are independent contractors. No agency,
partnership, joint venture, employer/employee, or franchiser/franchisee
relationship is intended or created by this User Agreement between
OSHAFastFix.com and their affiliates or subsidiaries, and either you or
any vendor or advertiser at this site.
Intellectual property
1. Copyright
Copyright
to all featured articles, how-to manuals and all other content on the
site is owned by OSHAFastfix.com, OSHA Fast Fix, Inc., or its
affiliates or subsidiaries, or is licensed to them. No material from
this site may be copied, reproduced, republished, uploaded, posted,
transmitted, or redistributed in any way in any medium whatsoever now
known or later invented. Any attempt to modify these materials or to
use these materials for any other purpose constitutes a violation of
our copyright and other proprietary rights, and may subject you to
injunctive relief, statutory damages and other penalties. The use of
any such material on any other web site or networked computer
environment is prohibited.
2. Trademarks
All
trademarks, trade names or service marks mentioned on this site are
either owned by OSHAFastfix.com, OSHA Fast Fix, Inc. or its affiliates,
or licensed or otherwise are authorized for our use.
Privacy
It
is our policy to respect the privacy of visitors at our site. We only
collect personally identifiable information when you voluntarily submit
it. We do collect anonymous, aggregate demographic information, and
share it with our vendors, advertisers and others. Our privacy policy
is incorporated by reference into this Terms of Use Agreement.
Limitation of warranty
OSHAFASTFIX.COM
PROVIDES THIS WEB SITE AND THE INFORMATION AND SERVICES ON OR THROUGH
IT AS IS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR
STATUTORY. OSHAFASTFIX.COM AND OSHA FAST FIX, INC. SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some
states may not allow the exclusion of implied warranties, so check
local laws. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state.
Limitation of liability
OSHAFastfix.com
does not warrant that the services at the site or functions contained
in the materials at the site will be uninterrupted or error-free, that
defects will be corrected, that this site or the server that makes it
available are free of viruses or other harmful components, that all
products listed or advertised are available, or that all transactions
will be completed. Neither OSHAfastfix.com nor any of their officers,
directors, employees, representatives, agents, affiliates or
subsidiaries warrant or make any representations that the materials or
information contained at this site are correct, accurate, complete,
and/or reliable.
IN NO
EVENT SHALL OSHAFASTFIX.COM, OR ANYONE WHO HELPED DEVELOP, CREATE,
PRODUCE OR DELIVER THE MATERIAL AND INFORMATION USED IN THIS SITE BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE,
INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES
YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER
IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
Some states do not allow the limitation of liability, so check local laws.
Indemnity and hold harmless
We
are not responsible for the accuracy, quality, safety, legality,
intellectual property compliance, privacy policy, or content of any
information, product or service offered by our vendors, advertisers,
promotional partners or any third-party sites, and you irrevocably
waive any claim against OSHAFastfix.com, OSHA Fast Fix, INC., their
respective officers, directors, employees, representatives, agents,
subsidiaries and affiliates with respect to the same. You assume the
risk of their use and the entire cost of all necessary loss, servicing,
repair or correction as a result of their use. User agrees to hold
OSHAFastfix.com, OSHA Fast Fix, INC, and their respective officers,
directors, employees, representatives, agents, affiliates and
subsidiaries harmless from any and all claims, demands and damages
(actual and consequential) of every kind or nature, known and unknown,
disclosed or undisclosed, arising out of, or any way connected with the
use of any information at this site, any transaction occurring through
this site, the safety or quality of any goods or services purchased or
sold through this site, or the truth or accuracy of any claim made
about such goods or services. California residents expressly agree to
waive California Civil Code '1542, which states: "A general release
does not extend the claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor".
User
also agrees to indemnify and hold OSHAFastfix.com, OSHA Fast Fix, INC.,
and their respective officers, directors, employees, representatives,
agents, affiliates and subsidiaries harmless from any loss, claim or
demand, including reasonable attorney fees, made by any third party due
to or arising out of your breach of this Agreement or the documents
that it incorporates by reference, or your violation of any law or the
rights of any third party in connection with your use of this site.
Termination of services
Without
limiting any other remedy, OSHAFastfix.com reserves the right to
immediately issue a warning to temporarily or permanently suspend or
terminate your participation in the site, and to refuse to provide our
services to you, if you breach this Terms of Use Agreement or any of
the rules or documents it incorporates by reference, if we are unable
to verify or authenticate any billing information you provide to us, or
if we believe that your actions may cause legal liability for you, our
vendors or advertisers, our other visitors, or us.
Notices
Unless
explicitly stated otherwise in the site, all notices or complaints
shall be provided to OSHAFastfix.com via e-mail. All notices from
OSHAFastfix.com to you will be sent to the e-mail address you provide
to us. Notice shall be deemed given 24 hours after e-mail is sent,
unless we are notified that the e-mail address is invalid.
OSHAFastfix.com reserves the right to send you notice by certified
mail, postage prepaid and return receipt requested, to the address you
provided to us during the ordering or registration process. In such
event, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any
controversy or claim arising out of or relating to this Terms of Use
Agreement or to the services provided by OSHAFastfix.com shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration should be conducted in
Santa Barbara, California, and judgment on the arbitration or word may
be entered into any court having jurisdiction thereof.
Jurisdiction and venue
Any dispute arising from your use of the site will be governed by California law and resolved in the courts of California.
General terms and conditions
OSHAFastfix.com
reserves the right, in its sole discretion, to change, modify, add, or
remove portions of these terms and conditions of use at any time, so
please check periodically for changes. Unless legally required to do so
immediately, changes in these terms and conditions of use and our
privacy policy will not go into effect until they have been posted for
thirty (30) days. Continued use of OSHAFastfix.com following the
effective date of any changes to those terms constitutes your
acceptance of those changes.
If
any provision of this Terms of Use Agreement is held to be invalid or
unenforceable, it shall be stricken without affecting the validity of
the remaining portions of this agreement. Headings are for convenience
only, and are not intended to in anyway to confine, limit, construe or
describe the scope or extent of such section. No waiver by
OSHAFastfix.com of any breach of this Terms of Use Agreement by you
shall constitute a waiver of this Agreement or alter or limit our right
to act with respect to subsequent or similar breaches.
Entire agreement
This
Terms of Use Agreement and the materials incorporated by reference
hereto form the entire understanding and agreement between you and
OSHAFastfix.com with respect to use of this site and the services
offered hereunder, and may be modified only in accordance with the
procedures specified herein.