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Terms Of Use

 
 

First Choice Products Online Store
Terms of Use

Welcome to the First Choice Products online store website at www.FirstChoiceProducts.net

Terms of Use

1. Copyrights and Trademarks. Unless otherwise noted, you should assume that all designs, graphics, software, content, photographs, video clips, text and images, displayed on or downloaded from the Site (collectively, the "Materials") are either the copyrighted property of Upland Group, Inc., or are the copyrighted property of third parties and are used with permission. The Site as a whole is protected by copyright and trade dress of which all worldwide rights, titles and interests and in and to are owned by Upland Group, Inc.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Upland Group, Inc. and used by First Choice Products and throughout the world (the "Trademarks"). The Trademarks displayed on the Site are registered and unregistered Trademarks of Upland Group, Inc., and First Choice Products, are registered Trademarks of Upland Group, Inc.

2. No License. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark, copyright, patent or other intellectual property right of any other third party. In the event that you misuse any Trademark and/or Materials in violation of these Terms of Use, Upland Group, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Non-Commercial Use Only. This Site is for your personal shopping use only. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. No right, title or interest in any downloaded Materials is transferred to you as a result of such downloading. You may not modify, alter, or change any Materials on the Site or distribute, publish, transmit, reuse, re-post, or use any Materials on the Site for any public or commercial purposes, including without limitation, any advertising or advertising revenue generation activity on your own site.

4. Unauthorized Use of Materials Unauthorized use of the Materials (including without limitation, the Trademarks) is strictly prohibited and is a violation of the rights of Upland Group, Inc. and/or other third parties, including without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. Upland Group, Inc. neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Upland Group, Inc. Notwithstanding and without limiting the foregoing, certain third party software that may be downloaded from the Site may be subject to the terms of any end-user license agreement that may accompany the download.

5. Product Information Relating to U.S. Only. Materials and product information on the Site are subject to change without notice. Information regarding Upland Group, Inc. products and services is applicable only in the United States (excluding its territories and possessions) unless otherwise noted. Some products and services mentioned may not be available in certain areas. Upland Group, Inc. makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

6. Limitations of Liabilities. Use of and browsing in the Site is done at user's own risk. Neither Upland Group, Inc. nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access the Site, or downloading of any Materials, from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or telecommunications equipment other property as a result thereof.
While Upland Group, Inc. uses reasonable efforts to include accurate and up to date information and Materials in the Site, Upland Group, Inc. makes no warranties or representations as to the accuracy, currency, correctness, completeness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the content of the Site. You bear all risks of the completeness, accuracy or usefulness of any Materials found on the Site.

7. Disclaimer. Without limiting the foregoing, all Materials on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UPLAND GROUP, INC. DOES NOT ASSUME ANY LIABILITY FOR THE ACCURATENESS, COMPLETENESS, RELIABILITY OR USEFULNESS OF MATERIALS DISCLOSED OR ACCESSED ON THE SITE. FIRST CHOICE PRODUCTS DOES NOT WARRANT THAT THE MATERIALS ON THE SITE AND THE FUNCTIONS OF THE SITE ITSELF WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

8. User Comments and Feedback. From time to time, Upland Group, Inc. may ask that you transmit to the Site by electronic mail your feedback on First Choice Products products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Upland Group, Inc., (b) become the property of Upland Group, Inc., and Upland Group, Inc. shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used for any purpose without restriction by Upland Group, Inc. or its subsidiaries, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Upland Group, Inc. shall be under no obligation to respond to any such communication.

9. Submissions. Notwithstanding the foregoing, Upland Group, Inc. maintains a longstanding policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions"), and therefore, you should not make any Submissions to Upland Group, Inc. in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of First Choice Products and Upland Group, Inc. shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Upland Group, Inc. shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Upland Group, Inc. shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission to any future Upland Group, Inc. operations, programs and/or services.

10. Third Party Sites. From time to time, this Site may link to other sites not controlled, operated maintained by or related to Upland Group, Inc.. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of First Choice Products. Upland Group, Inc. may have not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. Those sites may collect data or solicit personal information from you. Upland Group, Inc. is not responsible for the privacy policies of those sites, or the use of any information those sites may collect.

11. Access. In addition to any remedy that Upland Group, Inc. may have at law or in equity, Upland Group, Inc. may deny access to the Site, or any part thereof, at any time without notice, to any user, if Upland Group, Inc. determines, in its sole discretion, that such user has violated any part of these Terms of Use or has engaged in any activity that is not respectful of the rights of others. Upland Group, Inc. judgements in all respects are final.

12. Purchase Terms. With regard to products available for purchase, Upland Group, Inc. has made every effort to display the products and their colors as accurately as possible. The colors of products that you see will depend upon your monitor, and may vary from actual color. In some instances, weights and measures may be approximated. First Choice Products is not responsible for typographical errors regarding price or any product descriptions. Some products displayed may be out of stock or discontinued. All products and prices are subject to change without notice. The prices displayed are in U.S. Dollars. Payment is only accepted in U.S. Dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Sales tax, where applicable, will be automatically added to the order upon checkout. International orders may be accepted on a case-by-case basis as determined by First Choice Products. In such instances, the purchaser is responsible for customs and import duties of the delivery country. Duties will vary by country.

13. Export Controls. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (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) anyone on the United States 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.

14. Governing Law. Upland Group, Inc. maintains and operates this Site from its offices in the State of Oregon, United States. These Terms of Use are governed and interpreted under the laws of the state of Oregon, United States of America. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.

15. Relationship. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Upland Group, Inc. as a result of your use of the Site.

16. Entire Agreement These Terms of Use set forth the entire understanding and agreement between you and Upland Group, Inc. with respect to the Site. You acknowledge that any other agreements between you and Upland Group, Inc. with respect to the Site are superseded and of no force or effect.

Contact Information
If you have any questions or comments about our products or service, please Email us at [email protected]. If a response is requested, we will respond within 24 hours, Monday-Friday.