PF Pros Legal Notices
PF Pros Terms & Conditions
Your use of the pfpros.com web site (the "Site") is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.
These terms and conditions may be changed by Pond & Fountain Pros. in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the pfpros.com web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on February 25, 2001.
PF Pros Copyright
(c)2000 Pond & Fountain Pros. All rights reserved.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of Pond & Fountain Pros or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of Pond & Fountain Pros or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
PF Pros Trademarks
PFPros and the Pond & Fountain Pros Logo are service marks of Pond & Fountain Pros in the United States and other countries. Pond & Fountain Pros' service marks may not be used in connection with any product or service that is not provided by Pond & Fountain Pros, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pond & Fountain Pros. All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Pond & Fountain Pros and these companies.
PF Pros Pricing and Typographical Errors
All prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Pond & Fountain Pros shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
- While we make every attempt to verify prices before charging your credit card, Pond & Fountain Pros shall have the right to refuse or cancel any orders placed on mis-priced product whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pond & Fountain Pros shall immediately issue a credit to your credit card account in the amount of the incorrect price.
PF Pros Order Acceptancy Policy
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pond & Fountain Pros reserves the right at any time after receipt of your order to accept or decline your order. We may require additional verifications or information before accepting any order.
PF Pros Disclaimer and Limitation of Liability
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY POND & FOUNTAIN PROS. POND & FOUNTAIN PROS DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POND & FOUNTAIN PROS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
YOU AGREE THAT, (tm)POND & FOUNTAIN PROS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON POND & FOUNTAIN PROS' SITE.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF POND & FOUNTAIN PROS. AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although Pond & Fountain Pros attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Pond & Fountain Pros. so that it can be corrected.
Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. Pond & Fountain Pros will not be liable for any lack of availability of products and services you may order through the Site.
PF Pros Title Transfer
Pond & Fountain Pros retains title to items purchased until the said purchaser pays for items at which time the title passes to purchaser. In the event of default in payment by the purchaser, it is expressly understood and agreed that Pond & Fountain Pros shall reserve the right to retake possession of all unpaid merchandise, by entering upon the premises of the purchaser, through replevin, or through any other means provided by law.
It is expressly understood and agreed that all costs, including legal and collection costs, incurred by Pond & Fountain Pros for the collection of debt or repossession of merchandise will be paid for by the purchaser.
PF Pros Purchase for Export
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Pond & Fountain Pros reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited.
This site is controlled and operated by Pond & Fountain Pros from its offices within the State of California, United States of America. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.
If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours.
PF Pros Governing Law
Transactions between you and Pond & Fountain Pros shall be governed by and construed in accordance with the laws of the State of California, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and Pond & Fountain Pros shall be brought in the state or federal courts located in Sonoma County, California and the customer hereby agrees and submits to such jurisdiction and venue as proper.
PF Pros Miscellaneous
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.