PF Fishpole Hoists, Inc.
Website Terms and Conditions
Last Updated 2015-02-05

Introduction
These terms and conditions govern your use of www.pfhoists.com (the “website”).  The website is owned by PF Fishpole Hoists, Inc. (the “Owner”).  By using the website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

License to use website
Unless otherwise stated, the Owner and/or its licensors own the intellectual property rights in the website and material on the website, including all copyrights, trademarks, patents, trade dress, and any and all other intellectual properties therein and to the materials incorporated therein.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other available materials from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • republish material from the website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from the website except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without the Owner’s express written consent.

You must not use the website for any purposes related to marketing without the Owner’s express written consent.

Restricted access
Access to certain areas of the website may be restricted.  The Owner reserves the right to restrict access to other areas of the website, or indeed the entire website, at the Owner’s discretion.

If the Owner provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the user ID and password are kept confidential.  

The Owner may disable your user ID and password in the Owner’s sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.

You grant to the Owner a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to the Owner the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Owner or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Owner reserves the right to edit or remove any material submitted to the website, or stored on the Owner’s servers, or hosted or published upon the website.

Notwithstanding the Owner’s rights under these terms and conditions in relation to user content, the Owner does not undertake to monitor the submission of such content to, or the publication of such content on, the website.

No warranties
The website is provided “as is” without any representations or warranties, express or implied.  The Owner makes no representations or warranties in relation to the website or the information and materials provided on the website.  

Without prejudice to the generality of the foregoing paragraph, the Owner does not warrant that:

  • the website will be constantly available, or available at all; or
  • the information on the website is complete, true, accurate or non-misleading. 

Nothing on the website constitutes, or is meant to constitute, advice of any kind.  

Limitations of liability
The Owner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. 

These limitations of liability apply even if the Owner has been expressly advised of the potential loss.

Exceptions
Nothing in the website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms or conditions will exclude or limit the Owner’s liability in respect of any:

  • death or personal injury caused by the Owner’s negligence;
  • fraud or fraudulent misrepresentation on the part of the Owner; or
  • matter which it would be illegal or unlawful for the Owner to exclude or limit, or to attempt or purport to exclude or limit, its liability.  

Reasonableness
By using the website, you agree that the exclusions and limitations of liability set out in the website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use the website.

Unenforceable provisions
If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.

Indemnity
By using the website, you hereby indemnify the Owner and undertake to keep the Owner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute) incurred or suffered by the Owner arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to the Owner’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Owner may take such action as the Owner deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
The Owner may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions on the website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment
The Owner may transfer, sub-contract or otherwise assign the Owner’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise assign your rights and/or obligations under these terms and conditions. 

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions, together with the website’s privacy policy, constitute the entire agreement between you and the Owner in relation to your use of the website, and supersede all previous agreements in respect of your use of the website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Washington, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of King County.

This website is owned by PF Fishpole Hoists, Inc., 1505 S. 93rd Street, Suite BL, Seattle, WA 98108.  PF Fishpole Hoists, Inc. is a Washington corporation.

If you have any questions regarding these terms and conditions or feel we are not abiding by its terms, you should contact us immediately via telephone at (206) 767-3887 or via email at info@pfhoists.com.