Terms of Use
Phantom Screens of Georgia ('SofG' ) offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the 'Website' ), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. These Terms and Conditions of Use constitute an agreement between SofG and its affiliates (collectively, ' SofG' ) and you. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices and any amendments in effect at the time of your visit. This Agreement expressly incorporates by reference and includes SofG's Privacy Statement and any guidelines, rules or disclaimers that may be posted and updated on specific SofG web pages. You understand that your right to use the Website is derived solely from, and is expressly limited by, these Terms and Conditions of Use.
SofG reserves the right to amend these Terms and Conditions of Use from time to time. We encourage you to review these Terms and Conditions of Use upon each visit to the Website because any changes will be binding on you.
General
This Website is owned and operated by SofG. SofG has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website.
Use of Materials
The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to SofG that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.
Limitations
The descriptions of SofG products and services contained in the Website are not offers to sell or solicitations for any product or service. The descriptions of products and services contained on the Website are offered as a convenience and do not contain all of the terms, conditions, limitations and exclusions that may be applicable. Descriptions of SofG products contained within this Website shall not constitute product labeling. Any use of SofG products should be conducted in accordance with the instructions contained on the cartons and labels found on those products.
No Warranties
The Website may contain inaccuracies or typographical errors. SofG makes no representations about the accuracy, reliability, completeness, or timeliness of the material. The use of the Website and the material is at your own risk. No agent or representative has the authority to create any warranty regarding the Website on behalf of SofG. Changes are periodically made to the Website and may be made at any time. SofG DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE RELIABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN - AS IS - BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SofG BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, MALFUNCTION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, COMPATIBILITY PROBLEM OR BREAKDOWN WITH RESPECT TO THE WEBSITE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SofG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential damages, the above limitation may not apply to you. WITHOUT LIMITING THE FOREGOING EXCLUSION OF LIABILITY, IN NO EVENT SHALL SofG' S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Featured Links
For your convenience, the Website may contain hyperlinks to Websites offered by parties other than SofG. Such hyperlinks are provided for your reference and convenience only. SofG does not control such other Websites and is not responsible for their content; nor does SofG' s inclusion of hyperlinks to such Websites imply any endorsement of the material on such Websites or any association with their operators. SofG has not reviewed all of the sites which are linked to the Website. Use of any information obtained from such third-party websites is at your own risk, and reliance on such information should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of a link in this Website nor reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by SofG.
Linking to This Website
Unless you are subsequently advised otherwise by SofG, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. SofG reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you ' frame' the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider' s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Website (including all text, graphics, images, software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without express prior written permission from SofG. The use of any portion of this material on any other Website or in a networked computer environment for any purpose is prohibited, without express prior written permission from SofG. Requests to reproduce materials on the Website for distribution or other purposes should be submitted via our contact page.
Trademarks
Phantom Screens� is the trademark of Phantom Mfg. (Int�l) Ltd. and is protected by state and federal trademark laws. All product names, whether or not appearing in large print or with the trademark symbol, are likewise trademarks of Phantom Mfg. (Int�l) Ltd. or SofG, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.
From time to time, SofG may make fair use on this Website of trademarks owned and used by its competitors. Any such marks are clearly noted, and SofG makes no claim to ownership of those marks.
Indemnity
By using this Website, you agree to defend, indemnify, and hold harmless SofG, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which SofG may become obligated to pay arising or resulting from your use of the site material or your breach of these Terms and Conditions of Use. SofG shall provide notice to you promptly of any such action or claim and reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Termination of Privileges
SofG reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms and Conditions of Use.
Children' s Privacy
The following additional terms, conditions and notices apply to use of the Website by children under the age of 13 years whenever SofG becomes aware that a user is in that age range:
- Users under 13 years of age may not submit or post information on the Website without the consent of the user' s parent or legal guardian. Prior to collecting any personal information about a child under 13, SofG makes reasonable efforts to obtain consent from the child' s parent after informing the parent about the types of information SofG will collect, how it will be used, and under what circumstances it will be disclosed.
- Although SofG will apply these children' s terms and conditions whenever it becomes aware that a user who submits personal information is less than 13 years old, no method is foolproof. SofG strongly encourages parents and guardians to supervise their children' s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
- Personal information collected from children may include any of the information listed in SofG' s Privacy Statement and may be used by SofG for the same purposes. SofG does not rent, sell, barter or give away any lists containing a child' s personal information for use by any outside company, except as necessary to process a child' s requests or orders placed with advertisers or merchants featured on the Website, subject to prior parental permission.
- If a child enters a game, contest or other activity sponsored by SofG on the Website, the child may be required by SofG to provide the minimum personal information reasonably necessary for the child to participate in such activity.
- A child' s parent or legal guardian may request SofG to provide a description of the personal information that SofG has collected from the child, as well as instruct SofG to cease further use, maintenance and collection of personal information from the child.
- If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
Other Provisions
These Terms and Conditions of Use constitute the entire agreement and understanding between you and SofG with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. SofG reserves the right to make changes to these Terms and Conditions of Use immediately by posting the changed Terms and Conditions of Use in this location. By continuing to use the Website, you are agreeing to all changes made by SofG. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Website is controlled and operated by SofG from its principal office in the State of California, United States of America. This Website contains information about health products that may or may not be available in certain parts of the world, and/or that may be subject to approval or clearance processes in some countries by various governmental agencies, and this may result in different indications, ingredients, restrictions, and labeling. Because of these variables, the product information contained in this Website is intended for use by residents of the United States of America only. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the United States of America, and SofG makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, including but not limited to export and import regulations, if and to the extent local laws are applicable. The Website is not intended to subject SofG to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
The materials on this Website are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
If any provision of these Terms and Conditions of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.