Terms and Conditions

This Terms of Use Agreement (“Agreement”) is a legal agreement between Phifer Incorporated (hereinafter referred to as “Phifer”), and you, as a user (“User”) of the web site located at www.phifer.com (“Web Site”). By accessing information on this Web Site, User acknowledges that User has read, understands and agrees to comply with the terms and conditions stated within this Agreement. By using the Web Site and/or submitting any content, User agrees to be bound by and comply with this Agreement. If you do not wish to be bound by this Agreement, do not use the Web Site. Phifer may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Web Site thereafter. User’s continued use of the Web Site following the posting of revised Terms of Use means that User accepts and agrees to the changes. User is expected to check this page from time to time so User is aware of any changes.

You understand and agree that the Web Site is public and is provided to you on an AS IS and AS AVAILABLE basis. Phifer reserves the right to modify, suspend, or discontinue the Web Site with or without notice at any time and without any liability to you.

(1) User Conduct. User agrees that all the information accessed will be used only to allow the User to use the services and products offered by Phifer. You may use the Web Site for lawful purposes only. User will not make any other unauthorized use of this Web Site, or any interactive features available on this Web Site.  You agree that you are responsible for your own use of the Web Site, for any content you submit to Phifer, and for any consequences thereof. To access the Web Site or some of the resources it offers, User may be asked to provide certain registration details or other information. It is a condition of User’s use of the Website that all the information User provides on the Web Site is truthful, accurate, current, and complete. This Web Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Web Site, you represent and warrant that you are of legal age to form a binding contract with Phifer and meet all of the foregoing eligibility requirements. If you do not meet all of the requirements, you must not access or use the Website.

(2) Prohibited Uses.
You may use the Web Site only for lawful purposes and in accordance with the Terms of Use. You agree not to:

  • Use the Web Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Web Site to engage in conduct which is defamatory, libelous, threatening, or harassing.
  • Use the Website to engage in conduct that infringes on a third party’s intellectual property or other proprietary rights.
  • Use the Web Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation.
  • Impersonate or attempt to impersonate Phifer, any Phifer employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing.
  • Use the Web Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by Phifer, may harm Phifer or Users of the Web Site or expose any of the foregoing to liability.
  • Use the Web Site in any manner that could disable, overburden, damage, or impair the Web Site or interfere with any other party’s use of the Web Site, including their ability to engage in real time activities through the Web Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Web Site for any purpose, including monitoring or copying any of the material on the Web Site.
  • Use any manual process to monitor or copy any of the material on the Web Site or for any other unauthorized purpose without Phifer’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Web Site, including attacking the Web Site via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Web Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Web Site, the server on which the Web Site is stored, or any server, computer, or database connected to the Web Site.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

(3) Termination. You agree that Phifer, in its sole discretion, may terminate your access to or use of the Web Site, at any time and for any reason, including without limitation if Phifer believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the Web Site. Upon any such termination, your right to use the Web Site will immediately cease. You agree that any termination of your access to or use of the Web Site may be effected without prior notice, and that Phifer may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither Phifer nor any affiliated entity will be liable to you or any third party for any termination of your access to the Web Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

(4) Trademarks. “Phifer” and the terms “SheerWeave” “Trackless” “Sun Screen” “Block the Sun, Not the View” “SunTex” “Lite Kote” “PhiferTex” “Pet Screen” “Phifershield” “MuroTex” “Earth Friendly” “Tuff Screen” and “Geobella” are registered trademarks of Phifer or its affiliates (collectively, “Marks”). User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Phifer’s prior written permission. The use of Phifer Marks on any other web site, without authorization, is prohibited.

(5) Proprietary Rights to Content. The Web Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) (“Content”), are owned by Phifer, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

  • You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Web Site or any portion of it, or access or use, for any commercial purposes, any part of the Web Site.
  • You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Web Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent
  • You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Modify copies of any materials from this Web Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Web Site or any Content on the Web Site is transferred to you, and all rights not expressly granted are reserved by Phifer. Any use of the Web Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

(6) Copyright Claims. To make a complaint about a copyright violation on the Web Site, send an email to info@phifer.com and it will be delivered to and addressed by the appropriate company staff.

(7) Links to Third Party Sites. At times, the Web Site may contain links to third-party web sites, which are not under the control of Phifer. Phifer makes no representations whatsoever about any other web site to which User may have access through the Web Site. When User accesses another web site, User does so at User’s own risk and acknowledges that Phifer is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Phifer shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third-party companies and web sites on the Web Site is for informational purposes only and does not constitute an endorsement or recommendation.

(8) Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT PHIFER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR ANY WEB SITES LINKED TO THE WEB SITE, ANY CONTENT ON THE WEB SITE OR SUCH OTHER WEB SITES, OR ANY INTERACTIVE FEATURES, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF PHIFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE AND DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ANY EVENT, PHIFER’S LIABILITY TO USER FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT USER HAS PAID TO ACCESS PHIFER’S WEBSITE.

(9) Disclaimer of Warranties. The information presented on or through the Web Site is made available solely for general information purposes. Phifer makes no warranty that the Web Site will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does Phifer make any warranty as to the usefulness, accuracy or completeness of the information in the Web Site, nor to the results that may be obtained from the use of the Web Site or as to the accuracy or reliability of any information obtained through this Web Site. You understand that Phifer cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free from viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. PHIFER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO THE WEBSITE. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, PHIFER PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

This Web Site may include content, including advertising, provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Phifer, are solely the opinions and the responsibility of the person or entity providing those materials. These third party materials do not necessarily reflect the opinion of Phifer. Phifer is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

(10) Indemnification. User agrees, at User’s expense, to indemnify, defend and hold harmless Phifer, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of these Terms of Use or in connection with User’s use of this Web Site or any product or service related thereto.

(11) Governing Law. This Agreement and the relationship between User and Phifer shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its choice of laws provisions.  User (a) consents to the exclusive personal jurisdiction and venue of the federal and state courts in or for Tuscaloosa County, Alabama in any action arising out of or relating to this Agreement; and (b) irrevocably waives any objection to personal jurisdiction or venue in such courts, including but not limited to, objections based on the doctrine of forum non conveniens or 28 U.S.C. Section 1404. Should the federal and state courts in or for Tuscaloosa County, Alabama refuse to exercise jurisdiction for any reason, either party to this Agreement may bring a cause of action,  suit, or action in a court of competent jurisdiction located within the United States.

(12) Waiver/Severability. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

(13) Monitoring and Enforcement; Termination. Phifer has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Web Site. Phifer also has the right to terminate or suspend your access to all or part of the Web Site for any or no reason, including, without limitation, any violation of the Terms of Use. Without limiting the foregoing, Phifer has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of accessing and/or using the Web Site. YOU WAIVE AND HOLD HARMLESS PHIFER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.

(14) Reservation of Rights. Any rights not expressly granted herein are reserved. Phifer does business in certain states in the United States. Not all of the services described on this site are available in all states. You may not be eligible for all products and services. Phifer has the right to determine your eligibility as permitted by law. Any quotes generated by the Web Site are estimates based on the information you provide and are not a contract, binder, or agreement to extend insurance coverage. Descriptions of products on the Website are only general descriptions and are not a statement of contract.

(15) Entire Agreement. The Conditions of Use constitute the sole and entire agreement between you and Phifer with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Web Site.

(16) Online Purchases and Other Terms and Conditions. Certain products or services may be subject to specific terms, conditions, representations, or agreements. All purchases through the Web Site or other transactions for the sale of services formed through the Web Site or as a result of visits made by you to the Web Site are governed by the agreement(s), that User enters at the time of the purchase or transaction. In the event of a conflict between a User transaction agreement and the Terms of Use, the terms of the User transaction agreement will control.

(17) Privacy. Phifer collects information about the users of this Web Site. Collection of this information is governed by its Privacy Notice, which may be accessed from www.phifer.com This Privacy Notice does not form a part of this Agreement.

Questions. For any questions, or legal concerns, please contact phifer info@phifer.com