Last Updated: August 29, 2019
1. INFORMATION COLLECTED
When you use our Sites, we collect your personal information and non-personal information. The types of information we collect from you depends on the Sites and the features you use on the Sites. Personal information refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person. Non-personal information refers to information that does not identify an individual personally, and may include technical information. Please note that over time, non-personal information may become personal information due to regulatory developments, technological advancements or the co-mingling of personal and non-personal information. The various types of information we collect from you may include:
- Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
- Account Information: We may collect your name, email address, mailing address, and phone number if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
2. COOKIES AND OTHER SESSION IDENTIFIERS
Like many sites, we, and third parties we allow, utilize a technology called "cookies."
While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this.
3. HOW WE USE THE INFORMATION COLLECTED
We may use the information we collect as necessary and to fulfill your requests, including in the following ways:
Access and Use: If you provide personal information in order to obtain access to or use of the Sites or any functionality thereof, we will use your personal information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
Internal Business Purposes: We may use your personal information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.
Marketing: We may use your personal information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your personal information or to change your subscription preferences, you may do so as provided herein.
4. HOW WE SHARE YOUR INFORMATION
We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:
Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your personal information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.
Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain personal information. We employ a vetting process to assess our partners’ data protection practices.
Third-Party Marketers, Partners, and other Third Parties: We may also share your personal information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your personal information for their own purposes, or further disclose your information to other third parties. If you prefer we do not share your personal information with these types of parties, please email us at firstname.lastname@example.org.
5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
You can access, correct and/or update certain personal information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites.
6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE
We take commercially reasonable measures to ensure the security and confidentiality of your personal information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your personal information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with personal information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. If we learn of a data security system breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your personal information that we have collected or our system security has been breached, please notify us by e-mailing email@example.com.
7. YOUR CHOICES AND INDIVIDUAL RIGHTS
You have several choices available when it comes to your personal information. We will honor the choices you make regarding your personal information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein to update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Information You Provide: You can use the Sites and limit the personal information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the personal information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
Manage Your Subscription Preferences: We may send your information by email, text message or push notification. If you provide your mobile phone number and ask to receive information, we may provide information in that manner. Additionally, we may send automated messages (if you provide consent).
We provide an "Opt Out" option for all communications from us.
Social Media & Other Public Platforms: You may also manage the sharing of certain personal information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
If you are located in the United States, you have the following individual rights:
You have the right to request information about the categories and specific pieces of personal information we collect about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.
You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.
You have the right to request the deletion of your personal information.
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, you can contact us using the contact information provided below.
8. LINKING TO OR FROM ANOTHER WEBSITE
The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all personal information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your personal information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.
9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.
10. INFORMATION COLLECTED FROM CHILDREN
11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES
13. DISPUTES AND AGREEMENT TO ARBITRATE
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
16. PRODUCT RETURNS
Please give us a call if you would like to return any products.
Southwest Commercial Products, Inc.
2436 Ludelle St.
Fort Worth, TX 76105
(817)413-7871 – Monday thru Friday 8am to 5pm (CST)
Terms & Conditions
Please note the arbitration provision set forth below, requiring—except where and to the extent prohibited by law, which may include the State of Texas—you to arbitrate any claims you may have against Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
2. AGE LIMITATION
By using the Sites you represent that you are at least 13 years old. YOU MAY NOT USE OR REGISTER FOR THE SITES IF YOU ARE UNDER THE AGE OF 13.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the sites and receipt of data, materials and information available at or through the sites.
5. DISPUTES AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, which may include the State of Texas, by using the sites, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent to: Southwest Commercial Products, Inc., 2436 Ludelle St., Fort Worth, TX 76105 800-227-6994
Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
6. CHOICE OF LAW
This Agreement has been made in, and shall be construed in accordance with, the laws of the State of Texas, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
7. OWNERSHIP OF INTELLECTUAL PROPERTY
All Trademark rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the sites confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.
Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the sites are the copyrighted property of Company or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the sites for any purposes. Nothing stated or implied on the sites confers on you any license or right under any copyright of Company or any third party. The sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the sites, or use the contents of the sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns.
8. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide Company with the following information:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the sites that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of copyright infringement on the Sites is Company’s Legal Compliance counsel, who can be reached as follows:
Southwest Commercial Products, Inc.
2436 Ludelle St.
Fort Worth, TX 76105
(817)413-7871 - Monday thru Friday 8am to 5pm (CST)
You do not have to register to view the sites. You can visit the sites, read blog posts and other materials, browse merchandise, post reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the sites. To register, you must create a user account, which requires you to provide your email address, mailing address including zip code, mobile number, birth date, and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be responsible for any losses caused by any unauthorized use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the sites (temporarily or permanently), your account details and/or any files or other various sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to firstname.lastname@example.org.
We welcome your comments and feedback about the sites and our products. In addition, in some places the sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) on the sites or sent to us, whether through the sites, email, facsimile, U.S. mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.
Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.
11. LICENSE AND SITE ACCESS
Company grants you a limited, revocable and nonexclusive license to access and make personal use of the sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the sites nor any portion of the sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the sites, other than the home page of the sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the sites must comply will all applicable laws, rules and regulations.
12. THIRD-PARTY AND CO-BRANDED SITES
The sites may contain hyperlinks (“links”) to websites operated by persons or entities other than Company (“third-party Websites”) or to co-branded websites operated by a third party, including Company's affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our sites. Your use of any website linked to from the sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
13. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the sites, you warrant that you will not use the sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the sites or any co-branded Website must be accurate, complete, and current.
By using the sites, you agree not to violate or attempt to violate the security of the sites, including, by way of illustration but not limitation, actions such as:
accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Sites;
sending unsolicited or unauthorized email, including promotions and/or advertising of products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and forging any TCP/IP packet header or any part of the header information in any email or posting;
using the Sites in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
interfering with or disrupting the sites, services connected to the sites, or otherwise interfering with operations or services of the sites in any way;
infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
causing us to lose (in whole or part) the services of our internet service providers or other suppliers;
linking to materials or other content, directly or indirectly, to which you do not have a right to link;
using the site in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Company in its sole discretion;
harvesting or otherwise automatically collecting any information (including without limitation personal information) about other users of the sites, including, without limitation, e-mail addresses, without the express consent of such users;
copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the sites or any portion thereof;
violating, or encouraging anyone to violate, any applicable local, state, national, or international law, regulation or order.
14. TERMINATION OR RESTRICTION
Company may terminate or restrict your access to all or any part of the sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
15. RISK OF LOSS
All products purchased from the sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the sites, as well as the risk of loss for such products, passes to you when Company delivers these items to the carrier.
16. PRODUCT INFORMATION
Company attempts to be accurate in describing its products and services on the sites. We do not warrant that product and service descriptions or other content of this or any other sites are complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the colors of our products that appear on the sites. However, as the actual colors you see depend on your computer monitor and other factors beyond Company's control, we cannot guarantee that your computer's display of any color on the sites will be accurate.
Most Company products displayed on the sites are available in select retail stores in the United States and Canada while supplies last. In some cases, merchandise displayed for sale at the sites may not be available in retail stores. Unless otherwise stated, the prices displayed at the sites are quoted in U.S. Dollars.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE STATE OF TEXAS, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. MISCELLANEOUS LEGAL PROVISIONS
Company may discontinue the sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the sites at any time for any reason, without notice.
Company reserves the right to update and/or change the terms of this Agreement. If we make any material changes to this Agreement (as determined by us), we will post a notice on the sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes. This Agreement was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Agreement become effective shall indicate your agreement with the terms of such revised and then-current Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the sites and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the sites and their contents.
All rights not expressly granted herein are hereby reserved to Company.
19. CONTACT US
If you have any questions or concerns regarding the sites or this Agreement, please contact us by email at email@example.com or write to us at the following address:
Southwest Commercial Products, Inc.
2436 Ludelle St.
Fort Worth, TX 76105 (817)413-7871 – Monday thru Friday 8am to 5pm (CST)
Please give us a call if you would like to return a product.
You may also email us at firstname.lastname@example.org to request a Return Materials Authorization (RMA).
Southwest Commercial Products, Inc.
2436 Ludelle Street
Fort Worth, TX 76105
Shipping Methods & Timelines
Shipping Methods & Timelines
We use Fedex and USPS as our shipping partners. Please refer to their published delivery times. We ship from Fort Worth, TX 76105
We do not have UPS delivery available. We do allow you to make arrangements (on your account) for UPS to pick up at our location.
NOTE: During checkout, our site displays estimated transit times.
Customer Requested Cancellations
Our system is designed to process and ship orders as quickly as possible. After you have clicked "Place Your Order", you cannot cancel or change your order. Once you receive your order in the mail, you may simply return any unwanted items by following our Return Instructions.