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Legal Statements
TERMS OF USE
BY USING THE PLAN-IT SAFETY, INC. WEB SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE.
Changes to Terms
Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Site Contents
Everything you see, hear or receive from or on the Site ("Content") is copyright, trademark, trade dress or other intellectual property owned by PLAN-IT SAFETY, INC. or its licensors. Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. PLAN-IT SAFETY, INC. may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
User Comments and Submissions
We welcome your comments regarding our Site, our products and our services. However, any information you transmit to the Site is not, and will not be treated as private, confidential or proprietary. PLAN-IT SAFETY, INC may make unrestricted use of any information you transmit to us through the Site. This may include personal information about you and your use of the Site. Please review our Privacy Policy for more information.
Use of the Site
You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Site any materials that (a) contain a software virus or other harmful component, (b) contain advertising or commercial material, or (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful. You are solely responsible for the content of any material you publish on the Site. PLAN-IT SAFETY, INC.™ is not responsible or liable for the conduct of any Site user, or for materials published to the Site by any Site user other than PLAN-IT SAFETY, INC.™. You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content; (b) interfere with the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) send unsolicited e-mail through the Site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or (e) insert any code or product or manipulate the Content in any way that affects any user's experience of the Site.
Information
Products displayed on the Site can be delivered only within the United States. Prices are valid only in the United States. Prices are subject to change without notice. We do not warrant the currency, accuracy or reliability of any Site information, including information about product price or availability.
Links to Other Sites
The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from the Site do not constitute PLAN-IT SAFETY, INC endorsement of any third party, its web site, or its goods or services. PLAN-IT SAFETY, INC. is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.
Disclaimer
If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, PLAN-IT SAFETY, INCMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. PLAN-IT SAFETY, INC. PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS." PLAN-IT SAFETY, INC. DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
PLAN-IT SAFETY, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF PLAN-IT SAFETY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. PLAN-IT SAFETY, INC. does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.
Indemnification
You agree to defend, indemnify and hold harmless PLAN-IT SAFETY, INC and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms.
Miscellaneous
PLAN-IT SAFETY, INC. displays this Site and the Content solely to market and promote PLAN-IT SAFETY, INC. products and services in the United States. PLAN-IT SAFETY, INC. controls and operates this Site from its offices in Plainview, New York. The Terms shall be construed according to New York law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, or products or services purchased using the Site, shall be resolved exclusively by the state and federal courts of the State of Ohio. By using the Site, you consent to the jurisdiction and venue of Ohio courts with respect to any such dispute.
If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the rest of the Terms shall remain in full force and effect.
The Terms are the entire agreement between you and PLAN-IT SAFETY, INC. relating to the Site. These Terms supersede and cancel any prior written or oral agreement between you and PLAN-IT SAFETY, INC. relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved.
Termination
Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. Your obligations to PLAN-IT SAFETY, INC. shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
Contact Information
Please feel free to contact us at:
PLAN-IT SAFETY PRODUCTS, INC.™
Phone: 877-553-7526
E-mail: info@PLANITSAFETY.com
SHIPPING AND RETURN POLICY
Any product can be returned for a full refund within 30 days as long as the product is returned in its original condition and packaging. We will replace any product or component that was damaged during shipment or is otherwise defective. We may only replace the component that was damaged or defective and not the entire kit. PLAN-IT SAFETY PRODUCTS, INC. will pay the return shipping cost only for items that are damaged or defective. The customer is responsible for shipping charges for products ordered in error. Please note that food and water are not returnable. We will issue credit for these items.
TERMS & CONDITIONS OF SALE
1. Orders
All orders are subject to acceptance by Plan-it Safety Products, Inc.. Orders for standard Products/Services ("Standard Products/Services") may be cancelled or rescheduled prior to shipment by Plan-it Safety Products, Inc.. Notwithstanding any provision of these Terms and Conditions to the contrary, orders for special, custom, and other non-standard Products/Services, including products to be assembled in kit form, and/or any Products/Services identified by Plan-it Safety Products, Inc. as "Non-Cancelable” and/or “Non-Returnable" ("Non-Standard Products/Services") shall be non-cancelable and non-returnable after the order has been placed.
2. Prices
Prices shall be as specified by Plan-it Safety Products, Inc.. Prices are exclusive of taxes (if applicable) and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, and shipping charges imposed by Plan-it Safety Products, Inc. (as specified by Plan-it Safety Products, Inc.). If Plan-it Safety Products, Inc. shall be liable for or shall pay any of the foregoing, the same shall be paid by Buyer to Plan-it Safety Products, Inc. in addition to the price of the Products/Services.
3. Terms of Payment
Plan-it Safety Products, Inc. accepts at its sole discretion, major credit cards, and company Bank checks. The full purchase price, including freight and taxes, is due at the time when goods are ordered, unless Plan-it Safety Products, Inc., in its sole discretion, approves Buyer's creditworthiness, in which case full payment shall be due within receipt of products and or 30 days days from date of shipment or as otherwise specified by Plan-it Safety Products, Inc.. Buyer agrees to pay the entire amount of each invoice from Plan-it Safety Products, Inc. pursuant to the terms of each such invoice without offset or deduction. Plan-it Safety Products, Inc. may, in its sole discretion, change the terms of Buyer's credit at any time, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Buyer's order before shipment of any or all of the Products/Services. If Plan-it Safety Products, Inc. believes in good faith that Buyer's ability to make payments may be impaired or if Buyer shall fail to pay any invoice when due, Plan-it Safety Products, Inc. may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Buyer shall remain liable to pay for any Products/Services already shipped and all Non-Standard Products/Services ordered by Buyer. Buyer agrees to submit such financial information from time to time as may be reasonably requested by Plan-it Safety Products, Inc. for the establishment and/or continuation of credit terms.
DELIVERY AND TITLE
Unless otherwise specified in the Sales Order, all shipments by Plan-it Safety Products, Inc. are F.O.B. point of origin and all transportation charges shall be paid by Buyer in addition to the price of the Products/Services, unless otherwise specified by Plan-it Safety Products, Inc.. Subject to Plan-it Safety Products, Inc.' right of stoppage in transit, delivery of the Products/Services to the carrier shall constitute delivery to Buyer and title and risk of loss shall thereupon pass to Buyer. Selection of the carrier and delivery route shall be made by Plan-it Safety Products, Inc. unless specified by Buyer. Plan-it Safety Products, Inc. shall use reasonable efforts to initiate shipment and schedule delivery as close as possible to Buyer's requested delivery dates. Buyer acknowledges that delivery dates provided by Plan-it Safety Products, Inc. are estimates only and that Plan-it Safety Products, Inc. is not liable for failure to deliver on such dates. Plan-it Safety Products, Inc. reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Buyer of the obligation to accept delivery and pay for the Products/Services delivered. Delay in delivery of one installment shall not entitle Buyer to cancel other installments.
FORCE MAJEURE
Plan-it Safety Products, Inc. will make every effort to complete shipment of the goods described herein, but in no event shall Plan-it Safety Products, Inc. be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Plan-it Safety Products, Inc.' time for performance of any such obligation shall be extended for the time period of such delay or Plan-it Safety Products, Inc. may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.
LIMITATION OF LIABILITIES
BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND PLAN-IT SAFETY PRODUCTS, INC. (AND PLAN-IT SAFETY PRODUCTS, INC.'S VENDORS AND LICENSORS) SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, PROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF PLAN-IT SAFETY PRODUCTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROM PLAN-IT SAFETY PRODUCTS, INC. FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE PRODUCT(S) GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. PLAN-IT SAFETY PRODUCTS, INC. SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD PLAN-IT SAFETY PRODUCTS, INC. HARMLESS FROM ANY CLAIMS BASED ON PLAN-IT SAFETY PRODUCTS, INC.'S COMPLIANCE WITH BUYER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR INFORMATION SUPPLIED BY BUYER TO PLAN-IT SAFETY PRODUCTS, INC. IN CONNECTION WITH THE DELIVERY OF PRODUCTS/SERVICES OR MODIFICATION OF ANY PRODUCTS/SERVICES BY PARTIES OTHER THAN PLAN-IT SAFETY PRODUCTS, INC., OR USE IN COMBINATION WITH OTHER PRODUCTS/SERVICES.
USE OF EMERGENCY PRODUCTS/SERVICES IN DISASTERS
(1) Buyer acknowledges that the use of the Products/Services (including any Emergency Action Plan or any other safety document prepared for Buyer in connection with an emergency, life support or other disasters is at Buyer's sole risk and buyer is strongly urged to test the Products/Services and determine the efficacy, safety and suitability of the Products/Services for their own purposes; (2) Buyer agrees that Plan-it Safety Products, Inc. and the manufacturer of the Products/Services are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Plan-it Safety Products, Inc. and the manufacturer of the Products/Services harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use of the Products/Services. In addition, Buyer understands that while reasonable efforts will be made to ensure the accuracy and efficacy of any Emergency Action Plan or any other safety document prepared by Plan-it Safety Products, Inc., however Plan-it Safety Products, Inc. has compiled the information as supplied by the client and Plan-it Safety Products, Inc. takes no responsibility or liability of any kind for its accuracy or completeness or for any additions or modifications make to the plan. Buyer agrees to review the Plan for its accuracy prior to its use.
STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Buyer, such statements or advice shall be deemed to be given as an accommodation to Buyer and without charge and Plan-it Safety Products, Inc. shall have no responsibility or liability for the content or use of such statements or advice and such advice/accommodation shall in no way be deemed a warranty or assurance of any kind.