ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.
USE OF SITE
FLY ALL FLAGS CORPORATION (“FAF”) permits you to view and download the materials at this web site (“Site”) only for your personal, non-commercial use, on the condition that you retain all copyright and other proprietary notices used in the original materials on any copies of the materials. You are not permitted to modify the materials at this Site in any way or publicly display or reproduce, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is strictly prohibited. All materials at this Site are copyrighted and unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site will be automatically terminated and you agree to and you shall immediately destroy any downloaded or printed materials. FAF also reserves the right to terminate your authorization to use any and all services at the Site and to delete, with or without cause, any one or more of your related accounts, immediately and at any time.
Other than personally identifiable information, which is set forth in the FAF Online Privacy Statement, any material, information or other communications that you transmit or post to this Site shall be considered non-confidential and non-proprietary (“Communications”). FAF shall have no obligations with respect to the Communications. FAF and its designees are free to disclose, distribute, copy, incorporate and/or otherwise use the Communications and all images, data, text, sounds and other elements embodied therein for any and all commercial and/or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, libelous, threatening, defamatory, obscene, pornographic, or any other material that would violate any law.
LINKS TO OTHER WEB SITES
As a convenience to you, FAF may provide, on this site, links to Web sites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. links do not imply that FAF endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FAF or any of its affiliates or subsidiaries.
Whether your request is accepted or not is based on the examination by FLY ALL FLAGS, and the criteria is subject to change without prior notice at the sole discretion of FLY ALL FLAGS. In the event that you will not receive the item listed here within 3 weeks, the request may be rejected.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FAF further does not warrant the accuracy and completeness of the materials or services at this Site. FAF may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and FAF makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local FAF office business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL FAF, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.
The Site is controlled and operated in whole or in part by FAF from its offices NEW JERSEY, U.S.A. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN NEW JERSEY, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. FAF makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited.
FAF may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
FAF may revise these Terms at any time by updating this posting.
NOTE: ANYONE LINKING TO FAF’S WEB SITE MUST COMPLY WITH THE GUIDELINES FOR LINKING TO FAF’S WEB SITE AND ALL APPLICABLE LAWS.
GENERAL TERMS AND CONDITIONS PERTAINING TO FLY ALL FLAGS PRODUCTS
The following terms and conditions will govern FLY ALL FLAGS products (“Product(s)”). Any terms and conditions in Buyer’s purchase orders or other communications contradictory to the following terms and conditions will be void. FLY ALL FLAGS reserves the right to modify the following terms and conditions from time to time in writing.
1. DELIVERY; RE-STOCK CHARGE: Shipments of the Products shall be subject to freight space available, and partial shipments shall be allowed. Each delivery shall be considered a separate sale. Buyer waives the right to assert offsets, defenses or counterclaims. The Products are sold F.O.B., shipping point and, upon delivery to carrier at shipping point, Buyer assumes all risk of loss or damage to the Products. Any return for exchange or credit must be made within fourteen (14) days of the invoiced date, and Buyer must pay a 30% re-stock charge for such return.
2. PRODUCT MODIFICATION; DISCONTINUANCE: FLY ALL FLAGS reserves the right to modify unordered Products from time to time, including the right to discontinue the Products.
3. PRICES AND PAYMENTS: All payments are due net 30 days of invoice dates unless otherwise expressly stated in the invoice. Prices and terms of payment stated in the invoice are not subject to any discount, rebate or modification, except if, during the time between the invoice date and the payment date, the Products’ cost to FLY ALL FLAGS is increased by reason of (a) any new legislation or regulations, any additional duty or tariff, or any “Force Majeure described below, such an increase may be added to the invoice and shall be payable by Buyer; and (b) any change in the foreign currency exchange rate, the invoice may be subject to renegotiation for adjustment or may be canceled by FLY ALL FLAGS without any penalties. Buyer shall pay interest at the maximum rate allowed in Illinois on all overdue bills, and Buyer shall be liable for all costs and attorneys’ fees incurred by FLY ALL FLAGS in the collection of delinquent accounts. FLY ALL FLAGS may alter or suspend credit or stop selling to Buyer, whenever the payment history or financial condition of Buyer warrants such action.
4. SHORTAGE: Credit will not be given for shortage in the ordered quantities unless Buyer notifies FLY ALL FLAGS in writing of such shortage within fourteen (14) days after receipt of the Products.
5. FORCE MAJEURE: FLY ALL FLAGS shall not be liable for any loss or damage due to delayed delivery or non-delivery caused, in part or in whole, by any acts of God, fire, strikes, floods, accidents, riots, lockouts, damages or losses in transportation, quotas, blockage, embargoes, insurrections, mobilization or any other actions of governmental authorities, any non-governmental restrictions, curtailment of production of FLY ALL FLAGS’s factory, equipment failures, power failures, non-performance of third parties or any other cause beyond FLY ALL FLAGS’s control, whether at shipping point or destination point, in transit or wherever such event takes place or in the country for which the factory manufacturing the merchandise is located, and in any such event, FLY ALL FLAGS may cancel the sale without liability to Buyer. If FLY ALL FLAGS, following the happening of any such event beyond FLY ALL FLAGS’s control, elects not to cancel the sale, the time originally specified for the delivery in the invoice shall be deemed extended for a period equal to the period of FLY ALL FLAGS’s inability. In the event of Buyer’s inability to accept the delivery of the cargo by reasons similar to or different from the above enumerated causes, FLY ALL FLAGS, at its option, may cancel the sale without liability to Buyer, or extend the time for delivery originally specified for a period equal to the period of Buyer’s inability.
6. WARRANTIES AND DISCLAIMERS
(1) FLY ALL FLAGS warrants the Products to be free of defects in material and workmanship for one (1) year from shipment. Any Products found to be defective must be shipped to FLY ALL FLAGS, freight prepaid, or offered to FLY ALL FLAGS for inspection and examination. Upon examination, FLY ALL FLAGS, at its sole option, will refund the purchase price of, or repair or replace at no charge, any Products found to be defective. This warranty extends to the original Buyer only, and does not apply to any defects resulting from Buyer’s improper or inappropriate installation, interfacing, repair, modification, application and handling, such as exposure to outdoors air, excessive current, heat, coldness, moisture or vibration. Components which wear are not warranted.(2) FLY ALL FLAGS may offer suggestions on the use of its various Products, but the assessment of usefulness and suitability of the Products for each application rests solely with Buyer. FLY ALL FLAGS will not be responsible for any damages that may result from the use of the Products in Buyer’s application. The Products and any Trial Units (“Products/Trial Units”) supplied to Buyer are not to be used internally in humans, for human transportation, as safety devices or fail-safe systems, unless their written specifications state otherwise. Should any Products/Trial Units be used in such a manner or misused in any way, Buyer will indemnify FLY ALL FLAGS and hold FLY ALL FLAGS harmless from any resulting liability or damage.(3) OTHER THAN AS STATED HEREIN, THE PRODUCTS/TRIAL UNITS ARE PROVIDED WITH NO OTHER WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL FLY ALL FLAGS AND ITS AFFILIATED ENTITIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF FLY ALL FLAGS OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF A POSSIBLE THIRD PARTY’S CLAIM FOR DAMAGES OR ANY OTHER CLAIM AGAINST BUYER. In some jurisdictions, some of the foregoing warranty disclaimers or damage limitations may not apply.
7. EXPORT CONTROL LAWS: The Products/Trial Units are subject to the export laws and regulations of the United States and other countries. Any diversion or re-export contrary to, or any violation of, applicable export control laws and regulations is prohibited.
8. ARBITRATION: Any controversy, dispute or claim in connection with or in relation to the terms and conditions herein (except pertaining to the payment for the Products/Trial Units), including without limitation, their interpretation, construction, coverage, scope, performance, non-performance, breach, termination, validity or enforceability shall be settled, at the request of any party, by arbitration conducted in accordance with the Federal Rules of Civil Procedure, by a sole neutral arbitrator agreed upon by the parties. The arbitration of such issues, including, without limitation, the determination of any amount of damages suffered by any party hereto by reason of the acts or omissions of any party, shall be final and binding upon the parties to the maximum extent permitted by law. The parties intend that this Section shall be valid, binding, enforceable and irrevocable. The place of arbitration shall be Los Angeles, California. No party shall seek punitive damages. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
9. BUYER’S TRANSFER OBLIGATIONS: If the Products/Trial Units purchased by Buyer are to be resold or delivered to a third party, Buyer must provide such third party with a copy of this document, all specifications, manuals, catalogs, leaflets and written information provided to Buyer pertaining to the Products/Trial Units.
10. NON-WAIVER AND SEPARABILITY: FLY ALL FLAGS’s failure to exercise any right or provision of the terms and conditions herein shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these terms and conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these terms and conditions remain in full force and effect.