ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the “Terms and Conditions”), all of which constitute an agreement between you and FlowRider inc. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from FlowRider inc. are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and FlowRider inc., except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
These Terms and Conditions are effective as of Jan 1/2013. We reserve the right to change them by posting a revision on this web site.
WEB SITE USE
GRANT OF LIMITED USE LICENSE
FlowRider inc. grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. FlowRider inc. retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by FlowRider inc. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, downloading CAD models, software or any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of FlowRider inc. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in any such disclosure have been waived. FlowRider inc. reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don’t include taxes, duties or shipping and may be changed without notice. Open accounts are available on approval. Payment on open accounts is due immediately on checkout, Visa and MasterCard are accepted for telephone, and web site orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
Information about products is as provided by our supplier. We make no warranty or representation concerning that information. UPON REQUEST, WE WILL FURNISH YOU WITH MATERIAL SAFETY DATA SHEETS FOR HAZARDOUS SUBSTANCES.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). Upon request, we will provide you with origin information. If you require other information or have other special needs, please contact Sales and Customer Service.
SALES OR USE TAX YOU MAY OWE TO YOUR STATE
It is the responsibility of the purchaser to pay for any sales or use tax for their jurisdiction.
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THIS WEB SITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD FLOWRIDER INC. LTD. HARMLESS FROM, AND YOU COVENANT NOT TO SUE FLOWRIDER INC. LTD. FOR, ANY CLAIMS BASED ON USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FLOWRIDER INC. LTD BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
This policy is intended to help you understand how our Company collects, uses and safeguards the information you provide on our web site. It does not apply to the use or disclosure of information that is collected or obtained by us through other means. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. When you place an order for a product, we need to know your name, e-mail and mailing addresses, and your billing information so that we can fill, confirm and ship your order, and notify you of your order status. We don’t rent, sell or otherwise distribute to others any information about our customers, except that we may provide shipping and contact details to companies engaged to deliver your order. We endeavor to use reasonable efforts to safeguard the confidentiality of your information. If we become aware of a security breach involving this web site, FlowRider inc. will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement.
JURISDICTION AND CHOICE OF LAW
All transactions will be subject to the laws of the Province British Columbia. The courts of British Columbia shall have exclusive jurisdiction in respect to any disputes.