TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and all other applicable laws.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fire Smart Promotions. The collective work includes works that are licensed to Fire Smart Promotions. Copyright 2013, Fire Smart Promotions ALL RIGHTS RESERVED. Limited permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fire Smart Promotions or purchasing Fire Smart Promotions products. Unless authorized by Fire Smart Promotions, any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Fire Smart Promotions used in the site are trademarks of Fire Smart Promotions.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible by law, Fire Smart Promotions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fire Smart Promotions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fire Smart Promotions does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
To the fullest extent permissible by law, Fire Smart Promotions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fire Smart Promotions has been advised of the possibility of such damages.
Reserve the Right to Cancel Order
Fire Smart Promotions reserves the right to refuse or cancel an order for any reason. If your credit card has already been charged for the purchase and your order is cancelled, Fire Smart Promotions will issue a credit to your credit card account. Additionally, Fire Smart Promotions reserves the right to short-and-ship an order if all existing inventory stock is sold before your order is shipped.
Picture Discrepancies
Fire Smart Promotions utilizes the pictures provided by the manufacturer of the product. Fire Smart Promotions makes every effort to ensure that all pictures are an accurate representation of their respective product. Any minor inconsistencies or discrepancies are not valid reasons for refund.
Term; Termination
These terms and conditions are applicable to you upon your access and use of the site. These terms and conditions, or any part of them, may be terminated by Fire Smart Promotions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Fire Smart Promotions may deliver notice to you through e-mail, a general notice on the site, or by other reliable methods using the information you have provided to Fire Smart Promotions.
Miscellaneous
Your use of this site is governed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fire Smart Promotions products) shall be in the state courts located in Cumberland County, Pennsylvania or federal courts located in Dauphin County, Pennsylvania. Fire Smart Promotion’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fire Smart Promotions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including e-mail or chat, is strictly forbidden. Impersonation of others, including a Fire Smart Promotions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
Uploads to the Site
Fire Smart Promotions reserves the right to block or remove communications or materials uploaded to the site that it determines in its sole discretion to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; or (d) offensive or otherwise unacceptable. Fire Smart Promotions may require documentation that shows you are authorized to use the artwork uploaded.
Indemnification
You agree to indemnify, defend, and hold harmless Fire Smart Promotions, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fire Smart Promotions may link to sites operated by third parties. Fire Smart Promotions has no control over these linked sites, all of which have separate privacy and data collection practices. These linked sites are for your convenience. If you choose to access them, you should review their independent terms and conditions and privacy and data collection practices. Nonetheless, Fire Smart Promotions seeks to protect the integrity of its web site and the links placed upon it and therefore, requests any feedback on not only its own site, but for sites it links to as well (i.e., if a specific link does not work).