Terms & Conditions
Conditions of Use
Last updated: June 17, 2016
Welcome to P&H Metal Products and/or its affiliates (“P&H") website features and other products and services to you when you visit or shop at P&H Metal, use P&H products or services, use P&H applications for mobile, or use software provided by P&H
By using P&H Metal, you agree to these conditions. Please read them carefully.
Additional terms may apply. When you use an P&H Metal Products, you also will be subject to the guidelines, terms and agreements applicable to that service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of P&H Metal Products, to understand our practices.
When you use any P&H Metal Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site. 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 P&H Metal Products Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of P&H Metal or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any P&H Metal Product service is the exclusive property of P&H Metal and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any P&H Metal Products service are trademarks or trade dress of P&H Metal Products Corp. and other countries. P&H Metal Products trademarks and trade dress may not be used in connection with any product or service that is not P&H Metal’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits P&H. All other trademarks not owned by P&H that appear in any P&H Metal service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by P&H Metal.
One or more patents owned by P&H Metal apply to the P&H Metal Product services.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, P&H Metal Products or its content providers grant you a limited, non- exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the P&H Metal services. This license does not include any resale or commercial use of any P&H Metal service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any P&H Metal 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 P&H Metal or its licensors, suppliers, publishers, rights holders, or other content providers. No P&H Metal service, nor any part of any P&H Metal service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of P&H Metal Products. 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 P&H Metal without express written consent. You may not use any meta tags or any other "hidden text" utilizing P&H Metal’s name or trademarks without the express written consent of P&H Metal Products. You may use the P&H Metal services only as permitted by law. The licenses granted by P&H Metal Products terminate if you do not comply with these Conditions of Use or any Service Terms.
RISK OF LOSS
All items purchased from P&H Metal are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
P&H does not take title to returned items until the item arrives at our location. At our discretion, a refund may be issued without requiring a return. In this situation, P&H Metal does not take title to the refunded item. For more information about our returns and refunds, please contact customer service at firstname.lastname@example.org.
P&H Metal attempts to be as accurate as possible. However, P&H does not warrant that product descriptions or other content of any service is accurate, complete, reliable, current, or error-free. If a product offered by P&H itself is not as described, your sole remedy is to return it in unused condition.
P&H Metal SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with P&H Metal.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE P&H SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE P&H SERVICES ARE PROVIDED BY P&H ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. P&H MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE P&H SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE P&H SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE P&H SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, P&H DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. P&H DOES NOT WARRANT THAT THE P&H SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE P&H SERVICES, P&H METAL SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM P&H ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. P&H WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY P&H SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY P&H SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any P&H Service, or to any products or services sold or distributed by P&H or through phfasteners.com 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 Federal Arbitration Act and 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.
By using any P&H service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, 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 P&H Metal Products.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy. These policies also govern your use of P&H Metal 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.
P&H Metal Products Corp.
28625 Braxton Ave.