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
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.
All trademarks, service marks and trade names of Fire Smart Promotions used in
the site are trademarks of Fire Smart Promotions.
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.
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
Reserve the Right to
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.
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.
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.
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.
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.
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.
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.
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).