Pyromart.com Conditions of Use
Last updated: November 13, 2020
Welcome to www.Pyromart.com. Pyromart Inc., and/or its affiliates ("Pyromart.com") provide web site features and other products and services to you when you visit or shop at Pyromart.com, use Pyromart.com products or services, use Pyromart.com applications for mobile, or use software provided by Pyromart.com in connection with any of the foregoing (collectively, "Pyromart.com Services"). Pyromart.com provides the Pyromart.com Services subject to the following conditions.
By using Pyromart.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Pyromart.com Services, and sometimes additional terms may apply. When you use a Pyromart.com Service, you will also be subject to the guidelines, terms and agreements applicable to that Pyromart.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Pyromart.com Service, or send emails, text messages, and other communications from your computer or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Pyromart.com Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Pyromart.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Pyromart.com or its content suppliers/vendors and protected by U.S, Canadian and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pyromart.com Service are trademarks or trade dress of Pyromart.com, Inc., or its affiliates, in the United States, Canada and other countries. Pyromart Inc.'s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not Pyromart Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pyromart Inc. or its affiliates. All other trademarks not owned by Pyromart.com, Inc. or its affiliates that appear in any Pyromart.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pyromart Inc. or its affiliates. Pyromart Inc. is not responsible for the logos and usernames provided by the content supplier/vendors.
One or more patents owned by Pyromart Inc. may apply to the Pyromart.com Services and to the features and services accessible via the Pyromart.com Services. Portions of the Pyromart Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Pyromart.com or its content suppliers/vendors grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Pyromart.com Services. This license does not include any resale or commercial use of any Pyromart.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pyromart.com Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pyromart.com or its licensors, suppliers, vendors, publishers, rightsholders, or other content providers. No Pyromart.com Service, nor any part of any Pyromart.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pyromart.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pyromart.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pyromart.com's name or trademarks without the express written consent of Pyromart.com. You may not misuse the Pyromart.com Services. You may use the Pyromart.com Services only as permitted by law and these Conditions of Use. The licenses granted by Pyromart.com terminate automatically if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Pyromart account to use certain Pyromart.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Pyromart.com does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the Pyromart.com Services only with involvement of a parent or guardian. Pyromart.com reserves the right to refuse service, terminate accounts, terminate your rights to use Pyromart.com Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pyromart.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Pyromart.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Pyromart.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pyromart.com for all claims resulting from content you supply. Pyromart.com has the right but not the obligation to monitor and edit or remove any activity or content. Pyromart.com takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Pyromart.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Intellectual Property Infringement (below).
RISK OF LOSS
Risk of loss and title for items purchased from Pyromart.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in the country the content supplier/vendor is located.
RETURNS, REFUNDS AND TITLE
Pyromart.com does not take title to returned items and any exchanges should be handled directly with the content suppliers/vendors and is subject to the individual suppliers’/vendor’s policies. At our discretion, a refund may be issued without requiring a return. For more information about our returns, exchanges and refunds in general, please see the Service Terms of the applicable content supplier/vendor.
Pyromart.com attempts to be as accurate as possible. However, Pyromart.com does not warrant that product descriptions or other content of any Pyromart.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Pyromart.com itself is not as described, your sole remedy is to return it in unused condition to the content supplier/vendor.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, vendor or seller. We regularly check List Prices against prices recently found on Pyromart.com and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Pyromart.com.
With respect to items sold on Pyromart.com, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold on Pyromart.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other content suppliers/vendors may follow different policies in the event of a mispriced item according to their Service Terms.
We generally do not charge your credit card until after your order has entered the shipping/pick-up process or, for digital products, until we make the digital product available to you.
When you use apps created by Pyromart.com, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Pyromart.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Pyromart.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Pyromart Software), technology, and services.
Parties other than Pyromart.com operate stores, provide services or software, or sell product lines through the Pyromart.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Pyromart. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their web sites). Pyromart.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PYROMART.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PYROMART SERVICES ARE PROVIDED BY PYROMART.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PYROMART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PYROMART.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PYROMART.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PYROMART.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PYROMART.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PYROMART.COM DOES NOT WARRANT THAT THE PYROMART.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PYROMART.COM SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PYROMART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PYROMART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PYROMART.COM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PYROMART.COM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Pyromart.com Service, or to any products or services sold or distributed by Pyromart.com or through Pyromart.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Pyromart Inc., 8 The Green STE, Dover, DE, 19901, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(Not applicable to Quebec consumers) By using any Pyromart.com Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Delaware, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pyromart.com.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Pyromart.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Please review our other policies posted on the Pyromart.com site. These policies also govern your use of Pyromart.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8 The Green STE,
Dover, DE, 19901, USA
ADDITIONAL PYROMART SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Pyromart.com Services (the "Pyromart Software").
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint by e-mail to email@example.com. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
Such claims are intended for use by intellectual property rights owners and their agents to notify Pyromart of alleged intellectual property infringements such as copyright and trademark concerns. If you are not an intellectual property rights owner or their agent, Pyromart will not be able to process complaints.
You may also send notices for the following concerns:
We Do Not Enforce
Detail Page Ownership and Image Restrictions: When a detail page is created, it becomes a permanent catalog page on Pyromart.com that will remain even if the creator's inventory sells out. Additionally, when you add your copyrighted image to a detail page, you grant Pyromart.com and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.
Other sellers can list their items for sale against pages that you have created or added your copyrighted images to. However, we do require sellers to list only against detail pages that exactly match their items. If you believe sellers are listing against detail pages that do not exactly match their items, we ask that you report the violation to firstname.lastname@example.org
If your copyrighted image has been added to our catalog without your consent, please notify us at email@example.com
Exclusive or Selective Distribution: Pyromart.com respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, violations of such agreements generally do not constitute intellectual property rights infringement. As the enforcement of these agreements is most often a matter between the manufacturer and the retailers, it would not be appropriate for Pyromart.com to assist in enforcement activities in most cases.