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Field
Controls, LLC LEGAL STATEMENT
Please read
this Legal Statement carefully before using the Field Controls, LLC Internet
Web site(s). If you do not agree to the terms of this Legal Statement,
please do not use the Field Controls, LLC Internet Web site(s).
Field Controls,
LLC and its affiliates provide their services to you subject to the following
notices, terms, and conditions. In addition, when you use any service
of Field Controls, LLC or its Internet Web site(s), you will be subject
to the rules, guidelines, policies, terms, and conditions applicable to
that service and you will be subject to all governing state and federal
laws, including applicable patent, copyright, trademark and other intellectual
property laws.
Copyright
This site, in its entirety, is the sole property of Field Controls, LLC
or its content suppliers and protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly)
of all content on this site is the exclusive property of Field Controls,
LLC and is protected by U.S. and international copyright laws. All software
used on this site is the property of Field Controls, LLC or its affiliates
and is protected by U.S. and international copyright laws. The content
and software on this site may be used as a personal shopping and e-commerce
resource. Any other use, including the reproduction, modification, distribution,
creation of derivative works, transmission, republication, display, or
performance of the content on this site is strictly prohibited. The application
of this site, into any other site, is strictly prohibited unless pre-approved
by Field Controls, LLC.
Trademarks
AirBoot, ClearWave, The Eliminator, EvenAir, EvenMist, Fan-In-A-Can, FreshMist
90, Star-Kap, Thermo-Mist, and Water Sentry.
Use of
Site
By accessing this site you are agreeing to all of the terms, conditions,
and statements included in this legal statement. The entirety of this
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose that is
not expressly permitted by Field Controls, LLC. The Field Controls, LLC
Internet Web site(s) may not be linked to any other site without prior
consent of Field Controls, LLC and its affiliates reserve the right to
refuse service, terminate accounts, and/or cancel orders at its discretion,
including, without limitation, if Field Controls, LLC believes that customer
conduct violates applicable law, disrupts our normal business activities
or is harmful to the interests of Field Controls, LLC and its affiliates.
E-Mail
By registering or placing an order with us, you are consenting to
receive e-mail from us regarding your registration or your order. Additionally,
by registering or placing an order with us, you are consenting to receive
commercial e-mail and mailed promotional product information from us.
Third
Party Property
You agree that you may upload to the software files or otherwise
transmit on or through the Field Controls, LLC Internet Web site(s), only
content that is not subject to any rights of any third parties, or content
in which any holder of such rights has given express authorization for
distribution on the Internet. By submitting content to Field Controls,
LLC, you automatically grant, or warrant that the owner of such content
has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such content.
Reviews
and Comments
If, at any time, Field Controls, LLC enables site visitors to post
reviews of and comments on products featured on the site, then the party
posting that comment or review grants Field Controls, LLC and its affiliates
a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such reviews and comments throughout
the world in any media. You also grant Field Controls, LLC and its affiliates
the right to use the name that you submit with any review or comment,
if any, in connection with such review or comment.
Risk of
Loss
All items purchased from Field Controls, LLC or its Internet Web site(s)
are made pursuant to a shipment contract. Should there be shipping errors,
Field Controls, LLC will offer reasonable assistance in the correction
of that error. However, the risk of loss and title for such items pass
to you upon our delivery to the carrier. You must file any such claims
with that delivery carrier.
Display
of Products
We use commercially reasonable efforts to ensure that the colors, design
and details of the products displayed on the Field Controls, LLC Internet
Web site(s) are accurate. However, we cannot and do not guarantee that
the colors, font types, design, paper stock and/or detail, as displayed
by your monitor, will be accurate and we assume no responsibility whatsoever
for such difference in color, design and details.
Defective
Products
In the event that you received a defective product, please contact
Field Controls, LLC within thirty (30) days from the date of your order.
Your sole remedy for any defective product shall be limited to the repair
or replacement of the product. THE FOREGOING COMPRISES Field Controls,
LLC'S ENTIRE LIABILITY IN CONNECTION WITH YOUR TRANSACTION.
Field Controls,
LLC reserves the right at any time and without notice to change the products
which are available for order. In the event, your selected product is
no longer available, Field Controls, LLC in its sole option and discretion
will either make a substitution or refund your purchase price.
Sales
Tax
In accordance with various statutes, Field Controls, LLC is required to
collect sales tax on any purchase of products shipped to customers located
in the states of all fifty states, the District of Columbia and other
locations as mandated by law. Tax rates, the terms specified herein and
the items subject to tax are subject to change at anytime.
Prohibited
Conduct and Use
You agree to use the Field Controls, LLC Internet Web site(s) only for
lawful purposes. You are expressly prohibited from placing any message
in any product or otherwise transmitting through the Field Controls, LLC
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically or
otherwise objectionable material of any kind, including without limitation,
any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national or international law (collectively, "Prohibited
Conduct"). You agree and acknowledge that Field Controls, LLC is not responsible
or liable to you or any other party for any Prohibited Conduct by any
user of the Field Controls, LLC Internet Web site(s) at any time.
Notwithstanding
anything in this Legal Statement to the contrary, Field Controls, LLC
is in no way obligated to monitor any user's use of the Field Controls,
LLC Internet Web site(s) or to monitor, retain, review and/or edit the
contents of any message sent in a product or otherwise transmitted through
the Field Controls, LLC Internet Web site(s). However, Field Controls,
LLC does reserve the right, at any time, to monitor, review, retain, edit
and/or disclose any information as we determine necessary, in our sole
discretion, to: (i) satisfy any applicable law, regulation, legal process
or governmental request; (ii) protect and defend our rights and property;
(iii) enforce this Legal Statement; (iv) protect against misuse or unauthorized
use of the Field Controls, LLC Internet Web site(s); and (v) protect the
interests of our users or the public.
You are expressly
prohibited from using a false e-mail address or other identifying information.
Further, you may not send products (with or without messages) to people
or other entities on mailing lists that you do not have full rights to
use.
Linked
Sites
The Field Controls, LLC Internet Web site(s) may contain links to other
web sites solely for your convenience. Field Controls, LLC does not endorse
nor make any warranties or representations about any web site you may
access through a link from the Field Controls, LLC Internet Web site(s).
You agree and acknowledge that you (and not Field Controls, LLC) assume
all risk for any dealings or transactions of any nature, including without
limitation, the purchase of any products or services from, or the reliance
upon any information or materials contained in, such linked sites.
Limitation
of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE,
SHALL Field Controls, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS,
GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THE Field Controls,
LLC INTERNET WEB SITE(S), THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
IN THE Field Controls, LLC INTERNET WEB SITE(S), EVEN IF Field Controls,
LLC OR A Field Controls, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Field Controls,
LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF
ANY PRODUCT ON THE Field Controls, LLC INTERNET WEB SITE(S). APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Disclaimer
THE CONTENT, MATERIALS AND PRODUCTS ON THE Field Controls, LLC INTERNET
WEB SITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Field Controls, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Field Controls, LLC DOES NOT WARRANT
THAT THE OPERATION OF THE Field Controls, LLC INTERNET WEB SITE(S), OR
THE FUNCTIONS CONTAINED IN THE CONTENT, MATERIALS, OR PRODUCTS, WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
Field Controls, LLC INTERNET WEB SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Field Controls, LLC DOES
NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS
OF THE USE OF THE CONTENT, MATERIALS, OR PRODUCTS IN THE Field Controls,
LLC INTERNET WEB SITE(S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT Field Controls, LLC) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. Field Controls, LLC RESERVES THE RIGHT TO LIMIT PURCHASE
AND PURCHASE QUANTITY. IN THE EVENT OF ANY SITE ERROR, CUSTOMERS WILL
BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT
TO CHANGE WITHOUT NOTICE.
Usage
by Children
Field Controls, LLC does not solicit the use of the Field Controls, LLC
Internet Web site(s) or purchase of products offered on the Field Controls,
LLC Internet Web site(s) by minors. However, Field Controls, LLC cannot
prevent such use or purchase and cannot prevent minors from visiting the
Field Controls, LLC Internet Web site(s). Parents, guardians and those
responsible for supervising minors are solely responsible for determining
what materials, products and services are suitable for such children to
view and/or purchase.
Field Controls,
LLC requires that use of the Field Controls, LLC Internet Web site(s)
be made either by: (a) individuals 18 years old or older; or (b) individuals
under 18 years of age under the direct supervision of a parent, guardian
or other responsible individual with such parent, guardian or other responsible
individual's verifiable permission for such use, including the collection
by Field Controls, LLC of certain information in accordance with this
Legal Statement. In addition, Field Controls, LLC requires that any purchase
from the Field Controls, LLC Internet Web site(s) be by: (a) individuals
of legal age; or (b) by minors under the direct supervision of a parent,
guardian or other responsible individual with such parent, guardian or
other responsible individual's verifiable permission for such purchase.
EACH TIME YOU USE THE Field Controls, LLC INTERNET WEB SITE(S) OR PURCHASE
A PRODUCT OR SERVICE FROM THE Field Controls, LLC INTERNET WEB SITE(S),
YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER;
OR (B) A MINOR WHO IS USING THE Field Controls, LLC INTERNET WEB SITE(S)
AND PURCHASING SUCH PRODUCT OR SERVICE UNDER THE SUPERVISION, AND WITH
THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE
INDIVIDUAL FOR SUCH PURCHASE AND FOR THE COLLECTION OF CERTAIN INFORMATION
IN ACCORDANCE WITH THIS LEGAL STATEMENT.
Jurisdictional
Issues
Unless otherwise specified, the materials in the Field Controls, LLC Internet
Web site(s) are presented solely for the purpose of promoting products
and services available in the United States, its territories, possessions
and protectorates. Field Controls, LLC makes no representation that materials
in the Field Controls, LLC Internet Web site(s), or the products and services
promoted in the Field Controls, LLC Internet Web site(s), are appropriate
or available for use outside the United States. Those who choose to access
the Field Controls, LLC Internet Web site(s) from outside the United States
do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Software from
the Field Controls, LLC Internet Web site(s) is further subject to United
States export controls. No software from the Field Controls, LLC Internet
Web site(s) may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the United States has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the software, you represent and warrant that you
are not located in, under the control of, or a national or resident of
any such country or on any such list.
Applicable
Law
Field Controls, LLC is incorporated in the State of Delaware, USA. As
such, the laws of the State of Delaware will govern these disclaimers,
terms, and conditions, without giving effect to any principles of conflicts
of laws. We reserve the right to make changes to our site and these disclaimers,
terms, and conditions at any time.
Our Address
and Telephone Number
Field Controls, LLC
2630 Airport Road
Kinston, NC
252.522.3031
Effective
Date
June 19, 2001
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