Use of Site
This website is provided solely for the use of current and future customers of the FP Horak Company to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. Any materials subject to trademark, copyright, or other laws protecting any materials or date of others in the absence of a valid license or other right to do so.
In addition, you agree not to use the Service to:
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another; or
- use or attempt to use another’s account, service or system without authorization from The FP Horak Company, or create a false identity on this Service.
Term and Termination
This Agreement shall remain in full force and effect while you use the Services. The FP Horak Company may terminate this Agreement at any time for any reason. You understand that termination of your account may involve deletion of your information from the FP Horak Company’s data bases, as well as any information that you have uploaded to the Service or created on the Service using your account. You agree that FP Horak Company will not have any liability whatsoever to you for any termination of your account or related deletion of your information or content.
You acknowledge that the FP Horak Company reserves the right to charge for Service and to change its fees from time to time in its discretion, upon posting such policy on the Service. Thereafter, upon using the Service, you will be responsible for the payment of any applicable fees as set forth on the Service.
Without limiting its other remedies, the FP Horak Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
Creation of Account by Log-In and Account Security
In order to purchase products through the Service, you will be asked to create an account by using the special log on feature. When you create an account using this feature, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, e-mail address, or password of any other person. You are solely responsible for all activity by anyone using your account and/or password. If suspect unauthorized use of your account or your password, please contact us at firstname.lastname@example.org.
Eligibility and Credit Card Terms
To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order books or any other products hereunder, including all of the following:
- Your name as it appears on the card
- The credit card type
- The date of expiration of your credit card
- Billing address
- Any activation numbers or codes needed to charge your credit card.
The FP Horak Company does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before The FP Horak Company invoices the credit card for all amounts due and payable. By providing The FP Horak Company with your credit card number and associated payment information, you agree that the FP Horak Company is authorized to immediately invoice your account for all fees and charges due and payable to the FP Horak Company as a result of your purchase of any books or other products. You agree to immediately notify the FP Horak Company of any change in the credit card used for payment hereunder or in any associated information. The FP Horak Company reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. The FP Horak Company may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as the FP Horak Company has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Inspire Me To Customer Service, 401 Saginaw Street, Bay City, MI 48708.
Site Contents and Ownership
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials [“Materials”] are the property of The FP Horak Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Contents. Except as provided in this Notice, The FP Horak Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Disclaimer of Warranty
You expressly agree that the use of this Website is at your sole risk. Neither the FP Horak Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors [collectively, “Providers”], or the like , warrant that this 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 site, or as to the accuracy, completeness, reliability, security, or currency of the materials.
The materials may contain errors, omissions inaccuracies, or outdated information. Further, the FP Horak Company does not warrant reliability of any statement or other inforamtin displayed or distributed through the site. The FP Horak Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The FP Horak Company may make any other changes to this site, the materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WHERE AVAILABLE” BASIS. THE FP HORAK COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE FP HORAK COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OR MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liabilities
You agree that the FP Horak Company’s maximum liability to you for any claim whatsoever arising out of this Agreement, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the FP Horak Company for the Service, including any purchase and use of books or products under this Agreement. You agree that the FP Horak Company shall not be liable for any other damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site, or your use of the Service or purchase and use of the products purchased from the FP Horak Company regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall the FP Horak Company be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of good will, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site, or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this Agreement, regardless of whether the FP Horak Company has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless the FP Horak Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on Claim
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by the FP Horak Company. The content, accuracy, opinions, expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the FP Horak Company. The FP Horak Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the FP Horak Company. Links do not imply that the FP Horak Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through he links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the FP Horak Company or any of its affiliates or subsidiaries. Except for links to information authored by the FP Horak Company, the FP Horak Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. The FP Horak Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. The FP Horak Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Bay, Michigan for any disputes with the FP Horak Company arising out of your use of this site.
This Agreement constitutes the entire agreement between the FP Horak Company and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the FP Horak Company with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The FP Horak Company does not and will not assume any obligation to notify you of changes to this Agreement.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from the FP Horak Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.