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AGREEMENT

Welcome to pFOkUS's web site, pFOkUS.com (the "Site"), owned and operated by pFOkUS LLC. and its affiliates . This Agreement contains the terms and conditions (the "Terms and Conditions") upon which you (also referred to in this Agreement as "User") may access the valuable information and services available through this Site. 

ALL USERS! BEFORE ACCESSING THIS SITE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF AND ANY MATERIAL AVAILABLE THROUGH THIS SITE. 

Terms and Conditions

By accessing, viewing, or using the materials or services available on or through this Site, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept and are legally bound by such Terms and Conditions. pFOkUS reserves the right to change the Terms and Conditions under which this Site is offered to you. Upon reasonable notice from pFOkUS, any changes will appear in the Agreement at this space on this Site. If you continue to use this Site after pFOkUS changes the Agreement, you will be bound by the Agreement as revised.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY D'SAPONE TO ACCESS OR OTHERWISE USE THIS SITE.

1. Grant of License. This Site and the materials and information available on or through this Site are provided by pFOkUS as a service to its Users. This Agreement provides you, the User, with a personal, revocable, nonexclusive, non-transferable license to use this Site conditioned on your continued compliance with the Terms and Conditions. Except as expressly permitted, you may not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell, mirror, frame, link to, or otherwise use any information obtained from this Site. As a further condition of use of this Site, you warrant to pFOkUS that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. 

2. Nature of Services. pFOkUS is a chemical and glass retailer and manufacture specializing in service. This Site provides information on pFOkUS services as well as other material of interest to our customers.

3. Intellectual Property Rights. All material contained on or available through this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, pFOkUS does not grant any express or implied right(s) to you (or any other User) under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. pFOkUS actively and aggressively enforces its intellectual property rights to the fullest extent of the law. 

The contents of and all materials distributed in conjunction with the Site are Copyright 2009-2014 pFOkUS LLC. and/or its affiliates. All rights reserved. pFOkUS also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content. 

pFOkUS, the pFOkUS Logo, and all other names, logos, and icons identifying pFOkUS's products and services are proprietary marks of pFOkUS and its affiliates, and any use of such marks without the express written permission of pFOkUS is strictly prohibited. Other product and company names mentioned on this Site may be the marks of their respective owners. 

4. Privacy Policy. pFOkUS considers your personal data to be private and operates this Site by keeping any collected information confidential. Please see pFOkUS's Privacy Policy for a summary of pFOkUS's personal data collection and use practices. 

5. Password Policy. Use of certain portions of this Site requires both log-in information and a password. The log-in information is your E-mail address ("User I.D."). During the registration process for this Site, you must choose a unique sign-on password ("Password"). Each User I.D. and corresponding Password can only be used by one individual or entity.

Anyone with knowledge of both a User's User I.D. and Password can gain access to the restricted portions of this Site and the information that is available to the User. Accordingly, all Passwords must be kept secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective Password, as well as for any communications entered through the Site using the Password. 

As a condition of use, you must immediately notify pFOkUS if you become aware of any loss or theft of your Password or any unauthorized use of your Password. pFOkUS reserves the right to reset any Passwords that may have been compromised. 

6. Confidentiality on Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Although pFOkUS has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, pFOkUS and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of your reliance on such information. You assume sole and complete risk for using this Site and must make your own determination as to these matters. For more private communication, Users may contact pFOkUS by telephone at the numbers listed in the "Contact Us" portion of this Site.

7. Security of Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, pFOkUS reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. pFOkUS will also comply with all court orders involving requests for such information. 

8. Registration Participation Limitation. When registering with pFOkUS, you represent and warrant that: (i) you are 18 years old or older; (ii) you are using your actual identity and that any information you provide to PPL is accurate and complete, and (iii) your registration with pFOkUS and use of this Site will not violate any local, state, national, or international laws or regulations. 

9. Links to Other Sites. pFOkUS may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services. These sites have not been reviewed by pFOkUS and are maintained by third parties over which pFOkUS exercises no control, and accordingly, pFOkUS expressly disclaims any responsibility for the content, the accuracy of the information, and the quality of any products or services provided by or advertised on these third-party Web sites. 

10. Events Beyond pFOkUS's Control. pFOkUS will not be responsible for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. 

11. DISCLAIMERS. ALTHOUGH D'SAPONE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, D'SAPONE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.

THUS, YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. D'SAPONE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. 

IN NO EVENT SHALL D'SAPONE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF D'SAPONE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF  D'SAPONE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED TOTAL AMOUNT PAID BY USER TO D'SAPONE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

12. Indemnity. You agree to defend, indemnify, and hold harmless pFOkUS and its affiliates and all of their employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, and any breach by you of this Agreement. 

13. Contact Information. If you have questions regarding this site or if you are interested in obtaining more information concerning pFOkUS's products and services, please refer to the "Contact Us" section of this Site. 

pFOkUS welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for pFOkUS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. 

14. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Georgia law, as applied to agreements entered into and completely performed in Georgia. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Canton, Georgia, U.S., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by pFOkUS from its offices within the United States. pFOkUS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. 

15. Term and Termination. This Agreement will take effect at the time the User begins using this Site (thereby indicating acceptance of these Terms and Conditions). pFOkUS reserves the right at any time to deny you or any User access to the Site or any portion thereof, and to terminate this Agreement. 

16. Entire Agreement. These Terms and Conditions and pFOkUS's Privacy Policy, which is incorporated here by reference, represents the entire agreement between you an pFOkUS with respect to use of and material available on or through this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and pFOkUS with respect to this Site.

17. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. 

18. Admissibility. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

19. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

19. User/pFOkUS. No joint venture, partnership, employment, or agency relationship exists between you and pFOkUS as a result of this Agreement or your use of this Site.

20. Reservation of Rights. Any rights not expressly granted are reserved by pFOkUS. 



 

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pFOkUS

6567 Commerce Pkwy, Woodstock, Ga. 30189

Telephone: 404.551.3308 Email_pFOkUS