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Terms and Conditions

WEBSITE CONDITIONS OF USE
PRO FASTENING SYSTEMS, INC.

Welcome to the Pro Fastening Systems, Inc. Internet Website at (the “PFS Website”). Pro Fastening Systems, Inc. and its affiliates (collectively, “PFS”) provide their goods and services to you subject to the following terms and conditions. By visiting or using the PFS Website, including submitting electronic purchase orders, you accept these terms and conditions. Please read them carefully. If you do not agree with these terms and conditions, you should immediately cease use of the PFS Website.

1. PRIVACY NOTICE

Customer Information. PFS receives and stores any information you leave or enter on the PFS Website or give PFS in any other way, including, for example, your name, e-mail address, password, computer and connection information, phone number, mailing address, credit card information, purchase and PFS Website use history. PFS uses such information to respond to your requests, improve customer service, complete sales transactions, communicate with you, manage the PFS Website, and tell you about the products and services PFS offers. PFS will not disclose your information to any third parties other than to conduct the business of PFS, including the fulfillment of your order, if ordered directly on this PFS Website. PFS may disclose your information to third party service providers who may fill orders, deliver packages, send postal mail and e-mail, remove repetitive information from customer lists, analyze data, provide marketing assistance, provide search results and links (including paid listings and links), process credit card payments, and provide customer service. Third party service providers may have access to your information needed to perform their functions, but have agreed not to use it for any other purpose.

Release of Information. PFS releases account and other personal information when PFS believes release is appropriate to comply with the law; enforce or apply these Conditions of Use and other agreements; or protect the rights, property, or safety of PFS, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Security. PFS uses reasonable safeguards to protect your information received and stored from your use of the PFS Website from unauthorized access, use, modification, or disclosure.

2. LICENSE TO USE PFS WEBSITE

Limited License. PFS grants you a limited license to access and make personal use of this site solely for your review of the goods and services offered by PFS, and your possible purchase of goods from PFS, and you agree not to download or modify it, or any portion of it. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PFS. You may not use any meta tags or any other "hidden text" utilizing PFS’s name or trademarks without the express written consent of PFS. Any unauthorized use or use inconsistent with these terms shall automatically terminate the permission or license granted by PFS herein.

Intellectual Property. All content included on the PFS Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PFS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PFS and protected by U.S. and international copyright laws. In addition, PFS, PFS and other product and service names, graphics, logos, page headers, button icons, scripts, appearing on the PFS Website are trademarks, registered trademarks or trade dress of PFS in the U.S. and/or other countries. PFS trademarks and trade dress may not be used in connection with any product or service that is not PFS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PFS. All other trademarks not owned by PFS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PFS. Nothing contained on the PFS Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PFS's intellectual property displayed on the PFS Website without the written permission of PFS. You agree that you will not use any robot, spider, scraper or other automated means to access the PFS Website for any purpose. Additionally, you agree that you will not: (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your Information) from the PFS Website without the prior expressed written permission of PFS and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the PFS Website or any activities conducted on the PFS Websites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the PFS Websites.

3. SALES TRANSACTIONS FOR PRODUCTS PURCHASED DIRECTLY FROM THE PFS WEBSITE

Account Access.If you use this site for the direct purchase of goods or services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including, without limitation, electronic submission of purchase orders (also referred to herein as “Internet Purchase Orders”).

Refusal of Service.PFS reserves the right to refuse service, terminate accounts, remove or edit content, and/or cancel orders in its sole discretion.

Internet Purchase Orders.Internet Purchase Orders may generate an automatic confirmation and response e-mail. Any automatic confirmation and response e-mail is subject to correction prior to delivery due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. The PFS Website pages are an invitation for you to make us an offer to buy the products and/or services described, and PFS’s delivery constitutes acceptance of your offer. PFS will notify you of any corrections or changes and ask for your approval before PFS completes your order. PFS will not complete your order until PFS has your approval. PFS reserves the right to limit sales, including the right to prohibit sales to resellers, even after PFS has received and confirmed your order. All PFS sales are subject to PFS's Terms and Conditions of Sale. Commencement of any work by PFS or acceptance of delivery of any goods under your purchase order shall constitute your acceptance of PFS's Terms and Conditions of Sale. In the event of a conflict between PFS’s Terms and Conditions of Sale and the terms in this Section 3 (Sales Transactions) with regard to the sale of products and/or services pursuant to an Internet Purchase Order, the terms in this Section shall govern.

Pricing. Prices and specifications are subject to change without notice and are valid only on the day the order is placed. PFS Website prices, e-mail offers and other advertisements are subject to correction. Published prices do not include shipping, sales tax and insurance. Proof of purchase and postage may be required for rebates.

Shipment.Delivery dates are estimates only and are based on manufacturer inventory and normal shipping conditions (shipping conditions and actual ship dates may vary). Shipping and handling charges will be added to the price of any products and/or services purchased by Internet Purchase Order via the PFS Website. PFS reserves the right to make partial shipments until a purchase order is shipped complete. PFS will notify you if products and/or services have been discontinued and/or are no longer available, and such products and/or services will be cancelled from pending purchase orders with a credit for any paid, but unshipped products and/or services.

Risk of Loss.All products and/or services purchased from the PFS Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon PFS’s delivery to the carrier, at PFS’s shipping point. PFS will not be responsible for goods lost in transit. Purchaser is solely responsible for filing claims with the carrier for losses. Claims for shortages in shipment not chargeable to the carrier must be reported within ten (10) days from receipt of merchandise. PFS Products and Services. PFS reserves the right to modify and/or discontinue products and/or services, at any time, and at PFS’s sole discretion.

Return Policy.If you are not satisfied with your purchase and you return products within thirty (30) days of receipt, you may exchange the product or receive a refund or credit, according to this Return Policy, provided the returned products are in the same condition as the date shipped ("as new" condition), and returned in the original box and packaging, along with a copy of the Internet Purchase Order, shipping documents, proof of delivery, and any warranty cards. No PFS product or part can be returned for credit unless written authorization has been given in advance. Merchandise returned must be identified as to the original date of purchase, purchase order number, and shipper's name and address. Service and handling charge is 15% of net billing price, except in the case of defective parts. Any freight paid by Illinois Lock will be deducted from the amount of credit issued, except in the case of defective parts. Merchandise returned in unsaleable condition will not be acceptable. The return of obsolete, discontinued, modified or special parts is not permissible. PFS reserves the right to charge for all work completed or materials purchased when an order is canceled or reduced prior to shipment, where special or modified parts are involved. PFS reserves the right to assess an additional cancellation charge, other than the normal 15% handling charge, in the event the quantity canceled is in excess of our normal stock requirements. Prices are subject to change in the event purchaser receives original order quantity.

Limited Warranty. PFS strives to produce quality products at reasonable prices. If you are not satisfied with our product because of a defect, we will repair or replace the defective part or parts free of charge for a period of one year from the date of purchase. In the event you claim that the product contains a defect, simply notify PFS of the defect, and we will arrange for repair or replacement. The sole and exclusive remedy against PFS relating in any way to a product defect shall be the repair or replacement of defective parts as provided for under this LIMITED WARRANTY. No other remedy, including, but not limited to, incidental or consequential loss, is available. This LIMITED WARRANTY shall not be deemed to have failed of its essential purpose so long as PFS is willing and able to repair or replace defective parts in the manner prescribed in this LIMITED WARRANTY. Any action for breach relating to the sale of an PFS product must be commenced within one year after the cause of action has accrued. This LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISCLAIMER. THIS SITE IS PROVIDED BY PFS "AS IS" AND "AS AVAILABLE" BASIS. PFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PFS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PFS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PFS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. FOR PRODUCTS PURCHASED DIRECTLY ON THIS SITE, PFS’S LIABILITY, IF ANY, IS EXPRESSLY LIMITED TO THE PURCHASE PRICE OF ANY PRODUCT PURCHASED BY ELECTRONIC PURCHASE ORDER SUBMITTED PURSUANT TO THIS PFS WEBSITE.

Website Links. In the event any website is linked to the PFS Website, such linked website is not under the control of PFS and PFS is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. PFS may provide links to you only as a convenience, and the inclusion of any link does not imply endorsement by PFS of the website. Descriptions of, or references to, products, publications or sites not owned by PFS do not imply endorsement of that product, publication or linked website. PFS has not reviewed all material linked to the PFS Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Indemnity. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

5. MISCELLANEOUS

Applicable Law. By visiting the PFS Website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PFS. Notwithstanding the foregoing, the PFS Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that PFS intends to make such products or services available in such countries.

Contact Information. Toll free number (USA and Canada): 800-826-9070

Force Majeure.PFS’s failure to perform any term or condition of these Conditions of Use as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, pandemics, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Conditions of Use.

Dispute Resolution.Any dispute arising out of or related to the Agreement will be governed by and construed according to the laws of the State of Illinois and litigated exclusively in a state or federal court located in Cook County, Illinois. The parties hereto expressly release and waive any and all rights to a jury trial and consent to have any dispute heard solely by a court of competent jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement. If either party commences litigation concerning any provision of the Agreement or if the parties agree to alternative dispute resolution, the prevailing party is entitled, in addition to the relief granted, to a reasonable sum for their attorney’s fees in such litigation or mutually agreed upon alternative dispute resolution, provided if each party prevails in part, such fees will be allocated in the manner as the court or mediator determines to be equitable in view of the relative merits and amounts of the parties’ claims.

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Pro Fastening Systems, Inc. 44 E University Drive - Arlington Heights, Illinois 60004. Phone: 800-826-9070