Making a Visible Difference in Roadway Safety

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Terms & Conditions

TERMS OF SERVICE

OVERVIEW

This website is operated by Professional Pavement Products,Inc. Throughout the site, the terms “we”, “us” and “our” refer to ProfessionalPavement Products, Inc.. Professional Pavement Products, Inc. offers thiswebsite, including all information, tools and services available from this siteto you, the user, conditioned upon your acceptance of all terms, conditions,policies and notices stated here.

By visiting our site and/ or purchasing something from us,you engage in our “Service” and agree to be bound by the following terms andconditions (“Terms of Service”, “Terms”), including those additional terms andconditions and policies referenced herein and/or available by hyperlink. TheseTerms of Service apply to all users of the site, including without limitationusers who are browsers, vendors, customers, merchants, and/ or contributors ofcontent.

Please read these Terms of Service carefully beforeaccessing or using our website. By accessing or using any part of the site, youagree to be bound by these Terms of Service. If you do not agree to all theterms and conditions of this agreement, then you may not access the website oruse any services. If these Terms of Service are considered an offer, acceptanceis expressly limited to these Terms of Service.

Any new features or tools which are added to the current siteor store shall also be subject to the Terms of Service. You can review the mostcurrent version of the Terms of Service at any time on this page. We reservethe right to update, change or replace any part of these Terms of Service byposting updates and/or changes to our website. It is your responsibility tocheck this page periodically for changes. Your continued use of or access tothe website following the posting of any changes constitutes acceptance ofthose changes.

SECTION 1 – WEBSITEAND ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent thatyou are at least the age of majority in your state or province of residence, orthat you are the age of majority in your state or province of residence and youhave given us your consent to allow any of your minor dependents to use thissite.

You may not use our products for any illegal or unauthorizedpurpose nor may you, in the use of the Service, violate any laws in yourjurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of adestructive nature.

A breach or violation of any of the Terms will result in animmediate termination of your Services.

SECTION 2 - GENERALCONDITIONS

We reserve the right to refuse service to anyone for anyreason at any time.

You understand that your content (not including credit cardinformation), may be transferred unencrypted and involve (a) transmissions overvarious networks; and (b) changes to conform and adapt to technicalrequirements of connecting networks or devices. Credit card information isalways encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell orexploit any portion of the Service, use of the Service, or access to theService or any contact on the website through which the service is provided,without express written permission by us.

The headings used in this agreement are included forconvenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY,COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on thissite is not accurate, complete or current. The material on this site isprovided for general information only and should not be relied upon or used asthe sole basis for making decisions without consulting primary, more accurate,more complete or more timely sources of information. Any reliance on thematerial on this site is at your own risk.

This site may contain certain historical information.Historical information, necessarily, is not current and is provided for yourreference only. We reserve the right to modify the contents of this site at anytime, but we have no obligation to update any information on our site. Youagree that it is your responsibility to monitor changes to our site.

SECTION 4 -MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change withoutnotice.

We reserve the right at any time to modify or discontinuethe Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for anymodification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTSOR SERVICES

Certain products or services may be available exclusivelyonline through the website. These products or services may have limitedquantities and are subject to return or exchange only according to our ReturnPolicy.

We have made every effort to display as accurately aspossible the colors and images of our products that appear at the store. Wecannot guarantee that your computer monitor's display of any color will beaccurate.

We reserve the right, but are not obligated, to limit thesales of our products or Services to any person, geographic region orjurisdiction. We may exercise this right on a case-by-case basis. We reservethe right to limit the quantities of any products or services that we offer.All descriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service madeon this site is void where prohibited.

We do not warrant that the quality of any products,services, information, or other material purchased or obtained by you will meetyour expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACYOF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.We may, in our sole discretion, limit or cancel quantities purchased perperson, per household or per order. These restrictions may include ordersplaced by or under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the event that wemake a change to or cancel an order, we may attempt to notify you by contactingthe e-mail and/or billing address/phone number provided at the time the orderwas made. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchaseand account information for all purchases made at our store. You agree topromptly update your account and other information, including your emailaddress and credit card numbers and expiration dates, so that we can completeyour transactions and contact you as needed.

For more detail, please review our Returns Policy.

ORDERING TERMS:

Due to the complexity of shipping involved with a mass majority of our products and our desire to get our customers the best possible pricing available, we do not provide online pricing. You may submit a quote online and a PPP representative will work with you to get the best pricing possible with freight included or simply call toll free (888-717-7771) during normal business hours (M-F, 8am - 6pm Eastern) to place your order. In many instances, next day delivery to your place of business or jobsite may be available.

  • Orders must be received by 2pm Eastern, Monday - Friday, to be eligible for same day shipping
  • Next day delivery is not guaranteed
  • Items are shipped UPS, FedEx or LTL motor freight -Whichever will benefit you the most!
  • Prices, brands and specifications are subject to change
  • Orders with shortages or damages must be reported to Professional Pavement Products within 48 hours of receipt of goods - inspect all goods upon delivery - notate all discrepancies on the carrier delivery ticket and on your copy; ensure both copies are signed by the driver; and notify us immediately
  • All Refunds/Returns require the original invoice/packing slip and the product must be in original condition with original packing
  • Refunds can only be issued within (30) thirty days of receipt of product
  • There are no refunds on special orders, equipment or parts
  • Returns on product purchased by credit card will be assessed the appropriate processing fees as charged by the credit card company - this applies to the original purchase and the return
  • All Returns are subject to a minimum 15% restocking fee and return freight charges are the responsibility of the buyer
  • All major credit cards accepted - American Express, Discover Card, MasterCard, Visa

SECTION 7 - OPTIONALTOOLS

We may provide you with access to additional or third-partytools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to suchtools ”as is” and “as available” without any warranties, representations orconditions of any kind and without any endorsement. We shall have no liabilitywhatsoever arising from or relating to your use of additional and optional third-partytools.

Any use by you of optional tools offered through the site isentirely at your own risk and discretion and you should ensure that you arefamiliar with and approve of the terms on which tools are provided by therelevant third-party provider(s).

We may also, in the future, offer new services and/orfeatures through the website (including, the release of new tools andresources). Such new features and/or services shall also be subject to theseTerms of Service.

SECTION 8 -THIRD-PARTY LINKS

Certain content, products and services available via ourService may include materials from third-parties.

Third-party links on this site may direct you to third-partywebsites that are not affiliated with us. We are not responsible for examiningor evaluating the content or accuracy and we do not warrant and will not haveany liability or responsibility for any third-party materials or websites, orfor any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to thepurchase or use of goods, services, resources, content, or any othertransactions made in connection with any third-party websites. Please reviewcarefully the third-party's policies and practices and make sure you understandthem before you engage in any transaction. Complaints, claims, concerns, orquestions regarding third-party products should be directed to the third-party.

SECTION 9 - USERCOMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions(for example contest entries) or without a request from us you send creativeideas, suggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments'), you agree thatwe may, at any time, without restriction, edit, copy, publish, distribute,translate and otherwise use in any medium any comments that you forward to us.We are and shall be under no obligation (1) to maintain any comments inconfidence; (2) to pay compensation for any comments; or (3) to respond to anycomments.

We may, but have no obligation to, monitor, edit or removecontent that we determine in our sole discretion are unlawful, offensive,threatening, libelous, defamatory, pornographic, obscene or otherwiseobjectionable or violates any party’s intellectual property or these Terms ofService.

You agree that your comments will not violate any right ofany third-party, including copyright, trademark, privacy, personality or otherpersonal or proprietary right. You further agree that your comments will notcontain libelous or otherwise unlawful, abusive or obscene material, or containany computer virus or other malware that could in any way affect the operationof the Service or any related website. You may not use a false e-mail address, pretendto be someone other than yourself, or otherwise mislead us or third-parties asto the origin of any comments. You are solely responsible for any comments youmake and their accuracy. We take no responsibility and assume no liability forany comments posted by you or any third-party.

SECTION 10 - PERSONALINFORMATION

Your submission of personal information through the websiteand/ or online store is governed by our Privacy Policy.

SECTION 11 - ERRORS,INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in theService that contains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, product shippingcharges, transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update information orcancel orders if any information in the Service or on any related website isinaccurate at any time without prior notice (including after you have submittedyour order).

We undertake no obligation to update, amend or clarifyinformation in the Service or on any related website, including withoutlimitation, pricing information, except as required by law. No specified updateor refresh date applied in the Service or on any related website, should betaken to indicate that all information in the Service or on any related websitehas been modified or updated.

SECTION 12 -PROHIBITED USES

In addition to other prohibitions as set forth in the Termsof Service, you are prohibited from using the site or its content: (a) for anyunlawful purpose; (b) to solicit others to perform or participate in anyunlawful acts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon or violateour intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on gender, sexual orientation, religion, ethnicity, race,age, national origin, or disability; (f) to submit false or misleadinginformation; (g) to upload or transmit viruses or any other type of maliciouscode that will or may be used in any way that will affect the functionality oroperation of the Service or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others; (i) tospam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene orimmoral purpose; or (k) to interfere with or circumvent the security featuresof the Service or any related website, other websites, or the Internet. Wereserve the right to terminate your use of the Service or any related websitefor violating any of the prohibited uses.

SECTION 13 -DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use ofour service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained fromthe use of the service will be accurate or reliable.

You agree that from time to time we may remove the servicefor indefinite periods of time or cancel the service at any time, withoutnotice to you.

You expressly agree that your use of, or inability to use,the service is at your sole risk. The service and all products and servicesdelivered to you through the service are (except as expressly stated by us)provided 'as is' and 'as available' for your use, without any representation,warranties or conditions of any kind, either express or implied, including allimplied warranties or conditions of merchantability, merchantable quality,fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Professional Pavement Products, Inc., ourdirectors, officers, employees, affiliates, agents, contractors, interns,suppliers, service providers or licensors be liable for any injury, loss,claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue,lost savings, loss of data, replacement costs, or any similar damages, whetherbased in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.

SECTION 14 -INDEMNIFICATION

You agree to indemnify, defend and hold harmlessProfessional Pavement Products, Inc. and our parent, subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, serviceproviders, subcontractors, suppliers, interns and employees, harmless from anyclaim or demand, including reasonable attorneys’ fees, made by any third-partydue to or arising out of your breach of these Terms of Service or the documentsthey incorporate by reference, or your violation of any law or the rights of athird-party.

SECTION 15 -SEVERABILITY

In the event that any provision of these Terms of Service isdetermined to be unlawful, void or unenforceable, such provision shallnonetheless be enforceable to the fullest extent permitted by applicable law,and the unenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability ofany other remaining provisions.

SECTION 16 -TERMINATION

The obligations and liabilities of the parties incurredprior to the termination date shall survive the termination of this agreementfor all purposes.

These Terms of Service are effective unless and untilterminated by either you or us. You may terminate these Terms of Service at anytime by notifying us that you no longer wish to use our Services, or when youcease using our site.

If in our sole judgment you fail, or we suspect that youhave failed, to comply with any term or provision of these Terms of Service, wealso may terminate this agreement at any time without notice and you willremain liable for all amounts due up to and including the date of termination;and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIREAGREEMENT

The failure of us to exercise or enforce any right orprovision of these Terms of Service shall not constitute a waiver of such rightor provision.

These Terms of Service and any policies or operating rulesposted by us on this site or in respect to The Service constitutes the entireagreement and understanding between you and us and govern your use of theService, superseding any prior or contemporaneous agreements, communicationsand proposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms ofService shall not be construed against the drafting party.

SECTION 18 -GOVERNING LAW

These Terms of Service and any separate agreements wherebywe provide you Services shall be governed by and construed in accordance withthe laws of 9556 Historic Kings Rd. South, Suite 302 Jacksonville FL USA 32257.

SECTION 19 - CHANGESTO TERMS OF SERVICE

You can review the most current version of the Terms ofService at any time at this page.

We reserve the right, at our sole discretion, to update,change or replace any part of these Terms of Service by posting updates andchanges to our website. It is your responsibility to check our websiteperiodically for changes. Your continued use of or access to our website or theService following the posting of any changes to these Terms of Serviceconstitutes acceptance of those changes.

SECTION 20 - CONTACTINFORMATION

Questions about the Terms of Service should be sent to us atinfo@alert-brands.com.