Terms and Conditions
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Falcon Plastics, Inc. (“Falcon”, “we”, “us” and “our”) owns and operates this site. All information, text, graphics, software, and other content that make up this site (“Materials”) are
the property of Falcon or its licensors. Copyright © Falcon Plastics, Inc. All rights reserved.
No Materials from this site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way, except that you may download one copy of the Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms and Conditions and copyright and other proprietary rights. Use of any such Material on any other web site or networked computer environment is prohibited. You may cite or refer to the URL (Uniform Resource Locator) of this site without limitation.
All trademarks, service marks and trade names appearing in this site are the property of their respective owners.
Any rights not expressly granted in these Terms and Conditions are reserved.
THIRD-PARTY PRODUCTS AND SERVICES, SITES AND LINKS
The site may refer to products and services from various independent third parties (“Third-Party Products and Services”). The site may contain links to web sites operated by parties other than Falcon. Falcon provides this information and these links for your reference and convenience only. By including Third-Party Products and Services and links to third-party web sites, we do not imply any guarantee of such Third-Party Products and Services, web sites or their contents, or any association with such third parties. We have no authority or control over, and are not responsible for, the operation, performance, availability, content or other aspects of any Third-Party Products and Services or web sites or the Internet. We are not liable for any failure to products or services advertised on third-party web sites. Be advised that third-party web sites may also provide less security than ours.
We reserve the right to modify, suspend or discontinue any portion of the site, Materials or services at any time, with or without notice. We can also modify any part of these Terms and Conditions at any time. Any modifications shall be effective upon posting to the site. You agree to review these Terms and Conditions periodically so that you are aware of any such modifications. Your continued use of the site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms and Conditions. If at any time the Terms and Conditions are not acceptable to you, you should immediately cease use of the site. You agree that the above-stated standard for notice of modifications is reasonable.
The site, the materials it contains, and any products or services provided on or in connection with the site are provided on an “as is, “as available” basis without warranties of any kind. To the fullest extent permissible under applicable law, Falcon disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. Falcon does not warrant that this site or the server that makes it available is free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair or correction. We make no representations or warranties regarding (1) the currency, correctness, completeness, reliability, suitability, availability, or operation of the site, materials, products or services; (2) your use of the site, materials, products or services; or (3) any third-party products and services you may obtain or any third-party web site you may access through this site. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
In no event will Falcon, its suppliers, or licensors, their respective officers, directors, employees, agents, and affiliates and each of them be liable for any direct, indirect, special or consequential damages or lost profits (including, but not limited to, claims for failure of performance; loss, theft, destructions, unauthorized access to, alternation of, or use of your records or information; loss of goodwill; loss of data; use of or reliance on the content or the service; damages associated with any viruses that may infect your computer equipment; stoppage of other work; or impairment of other assets) arising out of or related to the use of, delay in being able to use, or inability to use, this site, the materials, products and services it provides, or any other hyperlinked web site or any third-party products or services regardless of legal theory, even if Falcon has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
You agree to indemnity and hold harmless Falcon, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the site, any Materials it contains, any products or services provided by Falcon; any Third-Party Products or Services; your failure to comply with these Terms and Conditions; your infringement, violation, or misappropriation of any third-party rights or any application law or regulation.
Any offer for any programs, services or products made in the Materials is void where prohibited. This site is controlled and operated by Falcon Plastics, Inc. from its offices in the State of South Dakota, United States of America. Your access and use of this website is subject to these Terms and Conditions as well as all applicable laws, as governed by and interpreted pursuant to the laws of South Dakota, United States of America. Falcon makes no representation that Materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance. Any legal actions will be brought in Circuit Court in Brookings, South Dakota or in Federal Court in Sioux Falls, South Dakota.