Terms and Conditions
Last updated: July 24, 2020
These are the Terms and Conditions (“Terms”, “Agreement”) are an agreement between You (“User”, “you” or “your”) and Practical Supply Company (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference, govern the access and use of PracticalSupply.co website and any of its products or services (collectively, “Website”, “Service”, or “Services”).
These Terms and Conditions apply to all visitors, users and others who access or use the Website or the Service.
Please read these Terms and Conditions carefully before you start to use the Website.
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By accessing or using any part of the Website or the Service, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these terms in this Agreement, including the agreements incorporated by reference herein, you must not use or access the Website and the Service.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
General Usage Rules
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the Service strictly in accordance with these Terms.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with other User’s use of the Website. You further agree not to alter, tamper or distribute any of the with any content displayed or used on the Website.
Prohibited Uses
In addition to other terms as set forth in this Agreement, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Privacy and Personal Information
Your use of the Website and submission of personal information is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website. Our Privacy Policy informs users of our data collection practices, along with use and disclosure of your personal information when you use the Website or our Services. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.
Intellectual Property
These Terms do not transfer to you any intellectual property owned by the Company or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Company.
The Company name, the Company logo, and all related names, logos, product and service names, service marks, and graphics are trademarks of the Company or its affiliates or licensors.
All other names, logos, product and service names, trademarks, service marks, and graphics used in connection with the Website or Services may be the trademarks of their respective owners. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any the Company or third-party trademarks.
Links to Third-Party Websites and Services
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. If you click on a third-party link, you will be directed to that third party’s website. We strongly advise you to review the Privacy Policy of every site you visit.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, and practices of any third-party web sites or services, including without limitation any changes or updates to a third-party website.
We are not responsible for examining or evaluating the content or accuracy and we, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, services or content of third-parties.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of on any such goods, services, or content available on or through any third-party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Disclaimer of Warranties
The Company makes no warranties regarding the performance or operation of this website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, content, materials, products or services included on or through this website. We have done our best to ensure that the content on this Website are accurate and error-free, but we cannot guarantee or warrant the accuracy of the information.
We do not guarantee any particular results that may be obtained from the use of the Website or related Services, including any information or content obtained as a result of using the Website or Services will be effective, reliable, accurate or meet your requirements. You agree that prior results do not guarantee a similar outcome.
To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability and non-infringement. You use the Website at your own risk., directors, employees, agents, licensors, and suppliers
In no event shall the Company, our directors, officers, employees, affiliates, agents, contractors, licensors, suppliers, or service providers, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of whatsoever, including, without limitation, damages for loss of profits, loss of data or other information, loss of goodwill, work stoppage, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service or any product, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some states or jurisdictions do not allow the exclusion of certain types of warranties or the limitation of liability for consequential or incidental damages, so some or all of the above exclusions and limitations may not apply to You. In such states or jurisdictions, exclusions and limitations set forth in this section shall be applied to the maximum extent permitted by law.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, affiliates, agents, contractors, licensors, suppliers, and service providers, for any losses, costs, liabilities and expenses, including without limitation reasonable legal and related fees and expenses, resulting from, or alleged to result from your use of or inability to use the Website or services, or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.
If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at practicalsupplyco@gmail.com, with the subject line: “Copyright Infringement” and include a detailed description of the alleged infringement. Our copyright agent is Gwynne Barry. The following is his/her contact information: practicalsupplyco@gmail.com.
Termination
The Company may terminate or suspend your access to the Website and the related services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Website or Services will cease immediately.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Governing Law
The laws of the North Carolina, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Service. Your use of the Website and Services may also be subject to other local, state, national, or international laws.
Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
International Users
The Website and Service is controlled, operated and administered by the Company from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms relating to the Website or Services at any time without any prior notice to you, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website or our Service after any such changes shall constitute your consent to such changes. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Questions
If you have any questions about these Terms and Conditions, please contact us at practicalsupplyco@gmail.com.