By accessing any areas of this Internet site or by ordering any product through the use of this Internet site, user agrees with 4SProducts that user is bound by the terms set forth below. The terms of this Agreement include terms on use of this Internet site, terms on the purchase of products, and terms regarding copyright and trademark matters.
Copyright and Trademark
Copyright © 2001, 4SProducts. All rights reserved.
This Internet site contains information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and 4SProducts owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works form, or in any way exploit any of the Content, in whole or part. All Content is copyrighted and 4SProducts owns a copyright in the selection, coordination, arrangement and enhancement of the Content, page headers, custom graphics and button icons.
4SProducts grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this Internet site as a personal shopping resource, (3) communicating with 4SProducts about a 4SProducts product, or (4) placing an order with 4SProducts. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without 4SProductssÂ’ prior written permission.
All other trademarks, product names, and company names and logos appearing on 4SProducts are the property of their respective owners. User must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.
4SProducts and the blue logo are registered trademarks of FOUR S GROUP, Inc., used under license.
On Line Conduct
Any conduct by a user that in 4SProducts sole discretion restricts or inhibits any other user from using or enjoying this Internet site will not be permitted. User will use this Internet site only for lawful purposes.
User may not post on or transmit through this Internet site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
4SProducts may prohibit conduct, communication, or Content that it, in its sole discretion, believes to be harmful or objectionable to individual users, 4SProducts or its affiliates, or any rights of 4SProducts or any third party, or to violate applicable laws. Notwithstanding the foregoing, 4SProducts cannot ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither 4SProducts, nor any of its affiliates, nor the officers, directors, employees and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content on this Internet site.
No Warranties; Limitation of Liability
Use of this Internet site is at user’s sole risk. Neither 4SProducts, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that this Internet site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Internet site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Internet site.
4SPRODUCTS IS PROVIDING THIS INTERNET SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS INTERNET SITE OR ITS CONTENT. 4SPRODUCTS DISCLAIMS ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, 4SPRODUCTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.
Except as otherwise specifically stated on this Internet site, neither 4SProducts nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Internet site, including mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4SProducts respects the privacy of the users of this Internet site and personal electronic communication generally. Currently, 4SProducts does not share your email address or other personal profile information, such as name, address, gender or age, with third parties for marketing purposes without your prior consent. 4SProducts also does not include a functionality allowing third parties to perform “reverse searches” to identify users from e-mail addresses.
4SProducts may use your personal profile information to create personalized content, services, and advertising on or related to 4SProducts and the total product and services offering 4SProducts provides to you. 4SProducts also uses your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information.
User in using this Internet site may provide information regarding the user’s tastes, ratings, and preferences. User authorizes 4SProducts to use such information in connection with any online or off-line offering or any electronic mail offerings by 4SProducts directed to user. 4SProducts and its affiliates may use user’s email in connection with any such offering or campaign.
Notwithstanding the foregoing and in compliance with applicable laws, 4SProducts (1) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to 4SProducts on or through this Internet site) or purported unlawful activities of any user and (2) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, 4SProducts may be required to disclose personal information. In addition 4SProducts may elect to electronically monitor the user submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate 4SProducts; or (iii) to protect the rights or property of 4SProducts or others.
Prices are exclusive of federal, state, or local taxes of any nature.
All taxes applicable to products ordered shall be paid by the Buyer, or in lieu thereof, Buyer shall provide 4SProducts with a tax exemption certificate acceptable to the taxing authorities. In the absence of a tax exemption certificate, taxes will be charged and payable until a valid tax exemption certificate is on file.
Payment terms to Buyers of satisfactory credit: Net 30 Days from Date of Invoice
A monthly interest charge of the lesser of 1 1/2 percent or the maximum permitted by law in the Buyer’s state may be added to all amounts not paid by the due date.
Overdue and delinquent account balances are subject to being placed for collection, and Buyer shall pay all expenses incurred, including collection fees, court costs, and reasonable attorney fees.
Buyer agrees that 4SProducts, its subsidiaries, parent, or affiliates may offset the account balance, or any portion thereof, against any funds due Buyer by 4SProducts, its subsidiaries, parent, or affiliates, irrespective of whether the amounts arise out of the same transaction.
Buyer’s Purchase Order – Conflict of Terms
In the event Buyer shall submit purchase orders and the written terms of which are at variance or conflict with the terms and conditions of sale contained herein, such purchase order terms shall have no effect to the extent that they may conflict, and the 4SProducts terms and conditions of sale shall prevail.
Deliveries shall be subject to and contingent upon timely receipt of order by 4SProducts, together with Buyer qualification of credit requirements; and 4SProducts shall not be liable for failure to meet required delivery due to credit clearance requirements or causes beyond its control, including and without limitation, unavailability of product from 4SProducts source of supply, strikes and other labor difficulty, riot, war, fire, delay or default of common carrier, or other delays beyond 4SProductsÂ’s reasonable control.
Discrepancy Claim – Failed Delivery Claims
Merchandise is shipped FOB shipping point. Risk of loss due to damage or shortage or non-delivery due to carrier fault lies with the Buyer. All claims for damage or shortages should be made by Buyer upon receipt of material and filed with the carrier handling the shipment.
Claims resulting from discrepancies between invoiced descriptions or quantities and actual product received by Buyer due to error by 4SProducts must be made in writing within sixty (60) days of invoice date. Any such claim not presented by Buyer within the time limit specified will be waived and actual delivery of invoiced descriptions or quantities will be conclusively presumed.
Any Buyer who wishes to dispute a delivery of merchandise may make written request upon 4SProducts for a copy of carriers’ proof of delivery within sixty (60) days from date of invoice. Failure by Buyer to request such proof of delivery within the 60-day time period will result in a waiver of Buyer’s right to raise the issue of delivery, and thereafter delivery will be conclusively presumed.
Product Installation and Operation
Buyer assumes all responsibility for the proper selection, installation, operation, and maintenance of the merchandise purchased from 4SProducts. 4SProducts SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, CONTINGENT, SPECIAL, OR INCIDENTAL DAMAGES whatsoever, except as specifically set forth in the Limited Warranty clause in paragraph 4.
No product or equipment of any kind shall be returned without prior approval and specific shipping instructions from 4SProducts.
Unless otherwise agreed, a restock charge will be assessed upon the return of products because of Buyer ordering error, when the product has suffered damage while in Buyer’s possession, or due to late cancellation of order.
Alteration of Terms and Conditions
No alteration or waiver of the terms contained herein shall be effective unless such authorization or waiver is in writing, signed by a duly authorized 4SProducts officer.
Presumption as to Authority of Buyer’s Personnel
4SProducts assumes and is entitled to rely upon the apparent authority of all Buyers’ employees and agents in placing orders under Buyer’s account.
Change of Buyer’s Name or Address; Reorganization
Buyer hereby agrees to notify 4SProductsÂ’s Credit Department in writing of any changes of name or address, or of any corporate reorganization or change of ownership which results in a change of name or location of the Buyer.
Acceptance of Sales Orders
All sales are subject to acceptance and no sales are final until accepted by 4SProducts at its principal place of business: 2333 Ponce De Leon Boulevard, Suite 308, Coral Gables, FL 33134, USA.
4SProducts will process your order upon obtaining a valid authorization for the sale amount. Settlement will occur when the product has been shipped. Returned materials will be credited back through your credit card.
Termination of Access
4SProducts may terminate your access to all or part of this Internet site without notice, for any conduct that 4SProducts, in its sole discretion, believes to be harmful to individual users, 4SProducts or any of its affiliates, or any rights of 4SProducts or any third party, or to violate applicable laws. It is the Buyer’s responsibility to notify 4SProducts of a terminated employee so access can be terminated.
Change in the Internet Site or in User Agreement
This Internet site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change.
4SProducts may modify this User Agreement at any time by posting the revised agreement on the Internet site. Any revised User Agreement is effective upon the user accessing this Internet site.