How is your information collected?
Proflame’s Website allows you to voluntarily submit your personal information to make your transactions with Proflame as convenient as possible, including, but not limited to, ordering products or services, payments for the products and services, requests for information, or responses to survey questions. Your personal information may include your first and last name, mailing address, email address, telephone/cell or mobile phone number, and other personally identifying information.
How is your information used?
Disclosure of Personal Information
Proflame may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as otherwise may be required by applicable law or regulation; (2) to protect and defend Proflame’s rights or property or those of its affiliates, distributors, dealers, business partners, or others; or (3) as Proflame believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety or property of any person or organization.
If Proflame becomes involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, Proflame may share or transfer your information to a third party or parties in connection therewith.
Proflame must release your credit card information to credit card authorization service providers and the credit card-issuing bank to confirm and settle payment for products or services purchased through Proflame’s Website and to facilitate returns or refunds. Proflame may share aggregated anonymous information relating to visitors to and users of Proflame’s Website with third parties.
By entering your personal information on Proflame’s Website, you consent to our collection, use and disclosure of such information for the foregoing purposes.
II. Website Terms and Conditions
By accessing, browsing and using Proflame’s website, or any Proflame mobile application, you agree to accept and abide by the Website Terms and Conditions. Throughout the Website Terms and Conditions, “Proflame’s Website” also includes Proflame’s mobile application.
If you do not agree to accept and abide by the Website Terms and Conditions, you may not access or use Proflame’s Website. Proflame has the right, in its sole discretion, to modify part or all of the Website Terms and Conditions at any time. Any change will be effective when notice of updated Website Terms and Conditions is posted above. Please review the Website Terms and Conditions frequently for updates. Your continued access, browsing or use of Proflame’s Website after any such changes are posted will constitute acceptance of these changes.
All works, content and materials on Proflame’s Website and mobile applications, including without limitation, all information, text, design, graphics, images, drawings, code and software (the “Materials”) and all organization and presentation of the Materials which form a part of Proflame’s Website are the exclusive property of Proflame or its licensors and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on Proflame’s Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Website Terms and Conditions. The trademarks, service marks, logos, slogans and Internet domain names on Proflame’s Website are the exclusive property of Proflame or its licensors. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.
You agree that you shall:
- not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from Proflame’s Website in any way except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and proprietary notices;
- use the Materials solely for lawful purposes;
- not create derivative works from, exploit or modify the Materials in any way;
- not interfere with the security of, or otherwise abuse Proflame’s Website or any system resources, services or networks connected to or accessible through Proflame’s Website; and
- acknowledge that the unauthorized use of the Materials may cause irreparable harm to Proflame and that in the event of an unauthorized use, Proflame shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Proflame.
No Endorsement of Third Parties
Proflame may provide links to Internet websites of third parties for your convenience only. Because Proflame has no control over such websites and resources therein, you acknowledge and agree that Proflame is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, products or services or other materials or information on or available from any such websites. You acknowledge and agree that you access such websites at your own risk. You further acknowledge and agree that Proflame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services other materials or information on or available through any such websites.
Proflame assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, use of or browsing on Proflame’s Website or your downloading of any the Materials from Proflame’s Website.
Information Supplied to Proflame
With respect to any information and materials provided to Proflame through the contact form on Proflame’s Website, you acknowledge and agree that:
The information and materials become the property of Proflame and are not confidential; and
Proflame has no obligation regarding such information and materials and may use, reproduce and disclose the same for any purpose.
No Representation or Warranty
PROFLAME’S WEBSITE AND ALL MATERIALS ON PROFLAME’S WEBSITE OR MADE AVAILABLE THROUGH PROFLAME’S WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF PROFLAME’S WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS CONTAINED THEREIN. IN NO EVENT WILL PROFLAME, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF PROFLAME’S WEBSITE.
You agree at all times to indemnify, defend and hold harmless Proflame and its affiliates, subsidiaries, agents, licensors, suppliers, and their respective officers, directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by Proflame directly or indirectly in respect of:
any information, materials or other content you provide on or through Proflame’s Website; or
your, or any party that you are responsible for or who accesses or uses Proflame’s Website as a result of your use or misuse of the Materials on Proflame’s Website, including, without limitation, infringement claims.
The Website Terms and Conditions are effective until terminated by Proflame, which may take place at any time, with or without notice, in Proflame’s sole discretion. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to Proflame.
Proflame’s Website is controlled, operated and administered from Rochester, New York.
By using Proflame’s Website, you acknowledge and agree that all matters relating to access to, or use of Proflame’s Website shall be governed by the laws of the State of New York and the federal laws of the United States where applicable. You also agree that any dispute arising out of the use of Proflame’s Website shall be brought in New York State Supreme Court, Monroe County or the United States District Court for the Western District of New York.
Proflame’s failure to insist upon or enforce strict performance of any provision of the Website Terms and Conditions shall not be construed as a waiver of any provision or right.
Should any part of the Website Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Website Terms and Conditions had been eliminated.
The Website Terms and Conditions shall inure to the benefit of and be binding on Proflame and you, and Proflame and your permitted successors and assigns.
All rights not expressly granted herein are reserved.