TERMS & CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the Tyndale FRC Website, located at http://tyndalefrc.tyndaleusa.com, as well as any online features, services and/or programs offered by Tyndale (collectively, the “Website”). By accessing or using the Website, you, as a customer or potential customer of Tyndale (“Customer”), agree to the following Terms. Customer should review these Terms regularly as they may change at any time in the sole discretion of Tyndale. If Customer does not agree to any portion of these Terms, it should not access or otherwise use the Website. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.
1. CONVENIENCE AND INFORMATION ONLY
The Website is provided to Customer without charge as a convenience and for Customer’s information only. By merely providing access to the Website, Tyndale does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Tyndale has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) Customer’s access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT
Customer may view, copy or print pages from the Website solely for personal, non-commercial purposes. Customer may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Tyndale. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.
3. FAMILIARITY WITH PRODUCTS
Customer acknowledges that: (a) he/she has reviewed the information on the Website and is familiar with Company’s labeling and literature concerning products available through the Website (“Products”), (b) Customer will ensure that anyone who uses or handles such Products will have reviewed and will be familiar with such labeling and literature; and (c) information presented by the Company should not be used as a substitute for reviewing regulations of the U.S. Occupational Safety and Health Administration (“OSHA”) and recognized safety standards, nor should any such information take the place of official employee safety training or hazard analysis. Customer shall be responsible for determining that the flame resistant clothing that is selected is appropriate for the intended use and will provide the protection level needed to safely perform the task or job in question.
4. USER ACCOUNT, PASSWORD AND SECURITY
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for Customer’s protection and/or Customer’s use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of our Customers’ UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, Customer’s UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. Customer, however, is ultimately responsible for protecting its own UserID, password, User Account information and credit card information from disclosure to third parties, and Customer is not permitted to circumvent the use of required encryption technologies. Customer agrees to (i) immediately notify Tyndale of any unauthorized use of Customer’s UserID, password or User Account, or any other breach of security, and (ii) ensure that Customer exits from Customer’s User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect Customer’s confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using Customer’s User Account on the Website, Customer agrees to: (i) provide true, accurate, current and complete information about Customer on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Customer provides any information that is untrue, inaccurate, not current or incomplete, or if Tyndale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Customer’s User Account and refuse any and all current or future use of Customer’s User Account.
5. DISCLAIMERS; WARRANTIES
(a) NO WARRANTIES AS TO WEBSITE. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER’S USE OF THE WEBSITE IS AT CUSTOMER’S SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR CUSTOMER’S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. This exclusion of warranties does not apply to any products that Customer may purchase from Tyndale. TYNDALE PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. TYNDALE DOES NOT GUARANTEE THAT CUSTOMER WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF CUSTOMER’S CHOOSING, OR THAT TYNDALE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS TYNDALE OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF TYNDALE, THE ENTIRE LIABILITY OF TYNDALE AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE WILL BE THE CANCELLATION OF CUSTOMER’S USER ACCOUNT.
(b) PRODUCT WARRANTY. Tyndale warrants that all Products will conform to the specifications and descriptions set forth on the garment tag and on the Website and be merchantable, new and fit for the purpose intended as stated in such Product labeling and on the Website. If any Products provided by Tyndale fail to conform to the warranties set forth above, Tyndale will, at its sole expense and at its option, promptly repair, replace or refund the amount paid for the nonconforming Products within sixty (60) days of the date purchase, as outlined in “Shipping & Returns”. EXCEPT AS EXPRESSLY OTHERWISE SET FORTH ABOVE, TYNDALE PROVIDES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS (OR ANY SERVICES PERFORMED RELATED TO THE PRODUCTS). Any warranty provided by Tyndale is expressly conditioned upon the following: (i) the user adhering to all washing and care instructions provided by Tyndale, (ii) the Products being used for their intended purpose, as stated on the Product label, and (iii) the Product not being modified, changed, altered or repaired by anyone other than Tyndale. If Customer or the ultimate user fails to follow the requirements set forth above, then any warranty provided by Tyndale shall be void and of no force and effect.
(a) INDEMNIFICATION BY TYNDALE. Tyndale agrees to defend, indemnify and hold Customer and its directors, officers, employees and agents harmless from and against any and all losses, claims, demands and/or liabilities for damage to property, injury or death of any third party or any other loss or damage that Customer may incur, including all reasonable expenses, legal or otherwise, arising out of the use of the Products sold by Tyndale through this Website to Customer, except to the extent caused by any modification of any Product by Customer or any third party, the breach of these Terms, Customer’s negligence or misconduct or the negligence or misconduct of Customer’s employees or agents, or the use of the Products sold hereunder in violation of law or other than for their intended purpose, as set forth on the Product label. Without intending to limit the foregoing sentence, Tyndale shall not be responsible for any injuries, deaths, damages, losses, liability or expenses caused by: (i) Customer’s work procedures, (ii) the failure of Customer or a user to follow such work procedures or written instructions from Tyndale or on the Product label, (iii) selection or approval by Customer of Products in a catalogue or on the Website to the extent that Tyndale delivers such Products, (iv) items purchased from providers or vendors other than Tyndale, (v) the failure of Customer or user to institute, perform or follow proper arc flash hazard analysis or analogous or similar tests required to determine the appropriate materials or products to be purchased, (vi) any accident, abuse or misuse of or involving the Products, or (vii) any failure to adhere to Tyndale’s washing and care instructions; all of which shall be due to the sole negligence of the customer.
(b) INDEMNIFICATION BY CUSTOMER. Customer agree to defend, indemnify and hold harmless Tyndale and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) that Tyndale may incur with respect to or arising out of: (i) Customer’s failure to comply with these Terms or any law, rule or regulation, (ii) Customer’s negligence, misconduct or breach of Customer’s obligations under these Terms, (iii) Customer’s use of any Product other than for its intended purpose as stated on the Product label, (iv) any action as described in the second sentence of Section 6(a) above, and/or (v) Customer’s use of the rights granted hereunder, including without limitation any claims made by any third parties.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL TYNDALE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, LIQUIDATED, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF WHATEVER NATURE OR ANY LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOSS OF INCOME, LOSS OF BUSINESS OR CONTRACT, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR LOSS OR CORRUPTION OF DATA, HOWSOEVER CAUSED, ARISING FROM CUSTOMER’S USE OF THE WEBSITE AND/OR THE PURCHASE OR SALE OF ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO CUSTOMER’S USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PURCHASED OR PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF TYNDALE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. THIRD PARTY CONTENT
(a) Tyndale may provide hyperlinks to other websites maintained by third parties, or Tyndale may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR CUSTOMER’S CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER TYNDALE’S CONTROL AND TYNDALE IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF CUSTOMER DECIDES TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, CUSTOMER DOES SO ENTIRELY AT CUSTOMER’S OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Tyndale. In most cases, Tyndale is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Tyndale’s Content; (ii) may not create a browser, border environment or frame Tyndale’s Content; (iii) may not imply that Tyndale is endorsing it or its products or services; (iv) may not misrepresent its relationship with Tyndale; (v) may not present false or misleading information about Tyndale’s Products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
10. COPYRIGHT AND TRADEMARKS
The trademarks, service marks and logos used and displayed on the Website are Tyndale’s, or its affiliates’ or suppliers’, registered and unregistered trademarks. Tyndale is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Tyndale, or its affiliates, that may be referred to on the Website are the property of Tyndale, or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Tyndale’s, or its affiliates’ or suppliers’, trademarks, service marks or copyrights without Tyndale’s prior written permission. Tyndale aggressively enforces its intellectual property rights. Neither the name of Tyndale, its affiliates, nor any of Tyndale other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Tyndale’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 9(b) above may use the name “Tyndale” in or as part of that link.
Information that Tyndale publishes on the Website may contain references or cross-references to products, programs or services of Tyndale, its partners, suppliers or affiliates, that are not necessarily announced or available in Customer’s area. Such references do not mean that Tyndale, or any of its partners, suppliers or affiliates, will announce any of those products, programs or services in Customer’s area at any time in the future. Customer should contact Tyndale for information regarding the products, programs and services that may be available to Customer, if any.
13. NON-TRANSFERABILITY OF USER ACCOUNTS
User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
14. COPYRIGHT COMPLAINTS
Tyndale owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Tyndale. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Tyndale will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to Tyndale Customer Service, 5050 Applebutter Road, Pipersville, PA 18947.
15. TERMINATION OF SERVICE
We may terminate Customer’s account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Tyndale, to its partners or suppliers, to the business of the Website’s internet service provider, or to other information providers.
16. GOVERNING LAW
These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing the Website, Customer agrees that any action at law or in equity arising out of or relating to Customer’s use of the Website or these Terms will be filed only in the state courts sitting in Bucks County, Pennsylvania, or the District Court for the Eastern District of Pennsylvania, and Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
17. LOCAL LAWS
Tyndale makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Nor does Tyndale represent that its Products can be sent to or used in all countries and jurisdictions. Access to and purchases from the Website from jurisdictions where such access and/or purchases is illegal are prohibited. If Customer chooses to access the Website from other jurisdictions, Customer does so on Customer’s own initiative and is responsible for compliance with applicable local laws. Tyndale is not responsible for any violation of law. Customer may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which Customer resides (if different from the United States).
19. MOBILE TERMS
When you provide us with your mobile phone number, you agree that Tyndale may send you text messages (including SMS and MMS) to that phone number. Tyndale will send you up to 2 messages per month. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode 31996. You agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to short code 31996. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
How do I sign up for these text messages?
All you have to do is text "frc" to 31996. (Up to 2 messages a month, message and data rates may apply, and you can always text HELP for help & STOP to cancel.)
Will I be charged for the text messages I receive?
Tyndale will never charge you for the text messages you receive. You might see some message & data rate charges from your mobile provider, though, so be sure to check your plan.
CUSTOMER CONSENT TO THIS AGREEMENT
Tyndale Company, Inc.
5050 Applebutter Road
Pipersville, PA 18947
Attn: Customer Care - Website Issues
Copyright © 2013 Tyndale. All Rights Reserved.EFFECTIVE AS OF: AUGUST 29, 2013 LAST UPDATED: JUNE 6, 2014