Terms & Conditions of Use
Acceptance of Agreement
Welcome to tifco.com. Please read the following Terms & Conditions of Use very carefully. By using this tifco.com Website (hereafter referred to as, Website) you are acknowledging that you have carefully read the following Terms & Conditions of Use and that you have accepted and agree to be bound by all of the Terms & Conditions of Use listed below. Tifco Industries, Inc. (hereafter referred to as, TIFCO) reserves the right to modify or change, without prior notice, these Terms & Conditions of Use from time to time as posted on this Website. Any use of this Website implies your agreement with and binds you unconditionally to this Website's Terms & Conditions of Use and to any such modifications or changes that are made to these Terms & Conditions of Use. Your use of this Website after any such modification or change constitutes your agreement with and binds you unconditionally to our Website's Terms & Conditions of Use as modified or changed. We encourage you to continually review these Terms & Conditions of Use when you are utilizing this Website. If you do not agree to be bound by these Terms & Conditions of Use listed above then you should not utilize this Website. Any use of this Website is at the sole risk of the user. If any of these Terms & Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Copyrights, Trademarks and Intellectual Property
Unless otherwise noted, all materials, including photographs, images, icons, designs, illustrations, programs and written and other materials that are part of this tifco.com Website (here and to referred to as, the "Contents") are copyrights, trademarks, and other intellectual property owned, or controlled by TIFCO and as such, TIFCO expressly reserves all the intellectual property rights for all the "Contents" which appear on this Website. The collection, arrangement, and construction of all "Contents" on this Website are the exclusive property of TIFCO.
References on this Website to any third party trademarks, service marks, products or services of any third party or hypertext links to third party Websites are provided solely as a convenience to you and do not in any way constitute or imply TIFCO's endorsement or recommendation of the third parties, information, product or service. Any such third party trademarks and service marks are the property of their respective companies. TIFCO is not responsible for the content of any third party Websites and does not make any statements regarding the content or accuracy of material on such Websites. If you decide to link to any such third party Websites, you do so entirely at your own risk. TIFCO disclaims any liability for links from another Website to tifco.com and to another Website from tifco.com.
Security
Users are not allowed to violate or attempt to violate the security of the Website, including and without limitation, (i) accessing data not intended for the user or logging onto or attempting to log onto a server which the user is not authorized to access; (ii) attempting to scan or test the vulnerability of a system or network without proper authorization; (iii) attempting to interfere with service of the site including, without limitation, via means of submitting a virus, worm, or trojan to the Website, overloading, "spamming". Violations of system or network security may result in civil or criminal liability.
Site Uses
No right, title or interest for any downloaded materials or software is transferred to the downloaded user or copier. You may not reproduce, publish, distribute, display, modify, sell or participate in any sale of or exploit in any way the "Contents" of this Website. All software used on this site is the property of TIFCO or its suppliers and protected by U.S. copyright laws. The content on this Website may be used only as an informational and merchant resource. Any other use, including the reproduction, modification, distribution, republication, or display, of the content on this site is strictly prohibited.
Indemnification
You agree not to hold TIFCO liable from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
Electronic Communication
When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Sales Tax
TIFCO is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided.
Payment Terms
For customers with established credit terms are net thirty (30) days from date of shipment. These terms do not apply to credit card purchases. At TIFCO's sole option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa, MasterCard, or American Express. All payments must be in U.S. currency. If customer fails to make payment within thirty (30) days, TIFCO may defer future shipments until such payment is made.
Credit Balance
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance by TIFCO. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND TIFCO SHALL HAVE NO FURTHER LIABILITY TO CUSTOMER.
Terms of User Registration
Agreeing to the Terms of Registration indicates your acceptance of the following terms. You certify, represent, and warrant that all purchases made by employees/agents of your organization utilizing your TIFCO account number are authorized purchases of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with purchasing from TIFCO and our Website. Furthermore, you expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall TIFCO be liable for any damages that result from the use of this Website. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from TIFCO.
License and Site Access
TIFCO grants you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with express written consent of TIFCO. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TIFCO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Website without express written consent of TIFCO. You may not use any meta tags or any other "hidden text" utilizing tifco.com's name or trademarks without the express written consent of TIFCO. Any unauthorized use terminates the permission or license granted by TIFCO. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of tifco.com so long as the link does not portray tifco.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any tifco.com logo, trademark, service mark or other proprietary graphic as part of the link without express written permission from TIFCO.
Access and Use of Information
Access to this Website is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by Tifco.com at this Website. Any access or attempt to access other areas of the tifco.com computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Website other than in connection with a legitimate business purpose.
User Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TIFCO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Risk of Loss
All items purchased from tifco.com is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY TIFCO ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIFCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TIFCO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR ANY MERCHANDISE OFFERED FOR SALE ON THIS WEBSITE. TIFCO DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIFCO DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TIFCO OR ANY OF ITS EMPLOYEES, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TIFCO.COM WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Submission & User Feedback
All comments, suggestions, ideas, graphics or other information (herein referred to as "Information") submitted or offered to tifco.com will forever be the property of TIFCO. Unless otherwise specified in writing, all "Information" submitted to tifco.com will be presumed to be public and tifco.com will not be required to treat the "Information" as confidential. TIFCO shall have exclusive ownership of all present and future existing rights in the "Information", without compensation to the user sending the "Information".
Agreement & Applicable Law
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If for any reason some sections of this agreement are deemed not legally binding other terms of this Agreement shall remain in full force and effect. By visiting this Website, you agree that this Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas. Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the state or federal courts of Harris County, Texas.
Indemnification
You agree not to hold TIFCO liable from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
Termination
These terms are effective unless and until terminated by either you or TIFCO. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website and remove all software or downloaded materials you have obtained from this Website. TIFCO may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in TIFCO's sole discretion, you fail to comply with any term or condition of this Agreement.