BUYER TERMS AND CONDITIONS OF USE
WELCOME TO PETRIOT.COM.
The goal of Petriot.com is to provide access to the widest selection of merchandise made in the U.S.A. to the largest group of people possible. To ensure a consistent and fair environment for all of our Buyers, we have established these Buyer Terms and Conditions of Use (referred to herein as the “Buyer Terms”.) By accessing any area of Petriot.com, or by placing an order on or through Petriot.com, you have agreed to accept, to be legally bound by, and to abide by the Buyer Terms. Please read them carefully.
Petriot.com is owned and operated by Petriot, LLC, a Delaware limited liability company. Any references herein to “Petriot” “We” or “Our” shall be deemed to refer to Petriot.com and/or Petriot, LLC, as applicable under the circumstances. Any references herein to “You” or “Your” shall be deemed to refer to any person accessing or using the Petriot.com website.
Petriot gathers Buyer information for a variety of reasons. These reasons include a desire to improve the site, to understand which areas of the site are used most often, to enhance the on-line shopping experience of Buyers, for marketing and promotional purposes, and to demonstrate business operations or performance to third-parties. The types of information gathered includes, but is not limited to, data gathered in the course of processing sales transactions and information provided by Buyers in response to surveys, sweepstakes or contests or in response to other requests for information. The data gathered is at times shared with corporate affiliates of Petriot. It may also be provided to other groups or companies that offer products or services that we believe may be of interest to our Buyers. However, we do not provide Buyer contact information to any third-parties unless the Buyer has given us permission to do so. Petriot reserves the absolute right to disclose or report to any law enforcement or regulatory agency any activity which Petriot suspects may be illegal or otherwise in violation of applicable laws, rules, or regulations. Information to be disclosed or reported includes any and all information pertaining to Buyer which is in Petriot’s possession or control including, but not limited to, data, records, addresses, IP addresses, names, identities, communications, usage data, posted content, sales records, transaction records, bank information, and contact information.
LINKS TO OTHER SITES
Petriot.com’s policy is that there shall be no links within Petriot.com which direct you to sites that are not within Petriot’s control. However, it is possible that such a link may exist on Petriot.com until it is removed pursuant to this policy and users should be aware that you could be directed to other sites that are beyond our control. These other sites may send their own cookies to users, collect data or solicit personal information. While Petriot strives to protect its user’s personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
PROPRIETARY RIGHTS OF PETRIOT
You acknowledge that Petriot.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, functionality, interactive aspects, and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Petriot.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly authorized herein. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. You may not use any part of this Website on any other Website, without Petriot’s prior written consent. Petriot reserves the absolute right to determine and modify all aspects of the appearance, functionality, design, and content of the Website. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Petriot is strictly prohibited.
Petriot.com is a distributor and not a publisher of Content supplied by third parties. Petriot.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including other Buyers or any other user of Petriot.com, are those of the respective authors or distributors and not of Petriot.com or its affiliates or any of their officers, directors, managers, members, employees or agents. Neither Petriot.com nor its affiliates, nor any of their officers, directors, managers, members, employees or agents, nor any third party guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Petriot.com represents the opinions and judgments of a third party not under contract with Petriot.com or under Petriot’s control. Petriot.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Petriot.com by anyone other than authorized Petriot.com employees. Under no circumstances shall Petriot.com, or its affiliates, or any of their officers, directors, managers, members, employees or agents be liable for any loss, damage or harm caused by any user’s reliance on information obtained through Petriot.com. It is the responsibility of Buyers and other users to evaluate the information, opinion, advice, or other Content available through Petriot.com.
DOMESTIC CONTENT RULES
One of the main purposes of Petriot is to encourage the sale of goods which are Made in the U.S.A. Petriot requires that all products sold on Petriot.com make an unqualified or qualified Made in the U.S.A claim as explained in the Enforcement Policy Statement on U.S. Origin Claims of the Federal Trade Commission (see “Complying with the Made in the USA Standard at www.ftc.gov/bcp/edu/pubs/business/adv/bus03.shtm), and any amendments thereto which may be made from time to time. Petriot will not accept for sale any product with less than a 90% U.S. origin qualified claim. Petriot will make every reasonable effort to enforce these Domestic Content Rules; however, Petriot shall not be liable for any inaccuracies in any U.S. origin claims made by manufacturers or suppliers of products to Petriot. Buyer may not obtain a refund because of any such inaccurate U.S. origin claims.
We accept the following credit and debit cards if they are issued by U.S. institutions: Visa, MasterCard, and Discover.
When placing an order online, you will need:
- The address the card's statement is sent to (billing address).
- The card number and expiration date.
- The 3 or 4 digit security code found only on the card itself.
SHIPMENT AND DELIVERY
Sellers will provide Buyer with all shipping and delivery information for each Item sold on Petriot.com, including, but not limited to, origination location, tracking information, order numbers, and drop dates. Petriot reserves the right, but not the obligation, to investigate all circumstances which may arise from shipment disputes between Sellers and Buyers. Our Sellers have agreed to honor any Street Dates for Delivery or Disclosure designated by the source of any Item Seller sells or proposes to sell through Petriot.com, and all shipment and delivery dates given to Buyer are subject to such Street Date requirements. Buyer agrees that Petriot will not be responsible for any claims of violation of Street Dates for Delivery or Disclosure, including any attorney fees incurred by Petriot which result from such claims.
Because circumstances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
REFUND AND RETURN POLICIES
Each Seller has established and should provide to Buyer refund and return policies for all Items purchased via Petriot.com. Buyer agrees that Petriot will not be responsible for any costs, expenses, claims, lawsuits, judgments, and damages, including Petriot’s reasonable attorney fees, which result from or arise out of any disputes between Buyer and Seller relating to refund or return policies. Each Seller has also agreed to comply with any other refund and return policies which may apply as a matter of law, and in all cases to make refunds or returns (if required) to Buyer not later than thirty (30) days after the closing date of sale.
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on Petriot.com. There is no reason for a chargeback to be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary or improper chargebacks are theft and can be prosecuted. However, if you feel that your credit/debit card was used fraudulently on Petriot.com, please contact us for immediate resolution. YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT PETRIOT MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO ALL FEES AND COSTS INCURRED BY PETRIOT. WE MAY OBTAIN THIS RECOVERY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
USAGE BY NON-ADULTS
All purchases on Petriot.com must be made by a person who is of legal age of majority in the state of residence of such person. Each time a Buyer purchases a product at Petriot.com, the Buyer is representing to Petriot.com that the Buyer has reached the legal age of majority in the Buyer’s official state of residence.
Buyer agrees to use Petriot.com only for lawful purposes. Buyer is prohibited from posting on or transmitting through Petriot.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law, or would infringe upon the rights or intellectual property of Petriot.com. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. Gathering email addresses from Petriot through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Petriot.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to Petriot.com, the communities that make up Petriot.com, or any rights of Petriot.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Petriot.com nor its Sellers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Petriot.com, nor its affiliates, nor any of their officers, directors, managers, members, employees or agents shall assume liability for any action or inaction with respect to conduct, communication, or Content on Petriot.com.
TERMINATION OF USAGE
Petriot.com may terminate or suspend your access to all or part of Petriot.com, without notice, for any conduct that Petriot.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another Buyer, to Petriot.com, or to any other user of Petriot.com. Petriot may also prohibit the consummation of the sale of any particular product offered via Petriot.com without breaching or terminating these Buyer Terms if Petriot determines, in its sole discretion, that such consummation would violate applicable law or regulation, or the policies established by Petriot.com.
THIRD PARTY INTERACTIONS
During use of Petriot.com, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Petriot shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Petriot does not endorse any other sites on the Internet. Petriot provides products to you pursuant to the terms and conditions of this Agreement. You recognize and acknowledge that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or services.
FORUMS AND MESSAGING
Some of the forums on Petriot.com are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for the content of messages that you post. While not moderating the forums, Petriot.com will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Petriot.com has full discretion to delete messages. Petriot reserves the right (but is not obligated) to do any or all of the following: (1) Record the dialogue in forums; (2) Examine an allegation that a communication(s) do(es) not conform to these Buyer Terms and determine in its sole discretion to remove or request the removal of the communication(s); (3) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Buyer Terms; (4) Terminate a Buyer’s access to any or all forums and/or Petriot.com upon any breach of these Buyer Terms; (5) Monitor, edit, or disclose any communication in the forums or other public areas of Petriot.com; (6) Edit or delete any communication(s) posted on Petriot.com, regardless of whether such communication(s) violate these standards.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Petriot reserves the right to accept or deny shipment to anyone for any reason. Petriot reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Petriot reserves the right to cancel the order, notify the card holder and the proper authorities.
PRODUCT DISCLAIMERS; DISCLAIMERS OF WARRANTY
While Petriot will make every reasonable effort to ensure proper functionality of its site, and accountability of its Sellers and their respective products, Petriot is not the guarantor of the accuracy or completeness of any information provided by its Sellers, as Petriot relies on its Sellers to comply with their agreement with Petriot. Because situations or circumstances may develop which are beyond its reasonable control, Petriot cannot guarantee that (a) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the site or products purchased will meet the Buyer’s personal requirements or expectations, (c) all stored data will be accurate, (d) all errors or defects will be corrected, or (e) the Petriot.com service or the server(s) that make Petriot.com available are free of viruses or other harmful components. Petriot.com and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by Petriot to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY
In no event shall Petriot’s aggregate liability under these Buyer Terms exceed the amounts actually paid by you to Petriot and/or due from you to Petriot. In no event shall Petriot be liable to you or anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this Petriot.com, including but not limited to the use or inability to use the site, or for any content obtained from or through the site, any interruption, inaccuracy, error or omission (regardless of cause) in any information contained within Petriot.com, even if the party from which damages are being sought has been previously advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Petriot may give notice by means of a general notice on the Petriot.com website, electronic mail to your e-mail address on record in Petriot's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Petriot's account information. Such notice shall be deemed to have been given upon the posting of the notice on the Petriot.com website; upon the expiration of three (3) days after mailing (if sent by first class mail); or upon the expiration of 24 hours after sending (if sent by email). You may give notice to Petriot (such notice shall be deemed given when received by Petriot) at any time by first class postage prepaid U.S. mail, or by recognized commercial carrier, addressed to : Petriot, LLC, PO Box 2756, Aurburn, AL, 36831.
MODIFICATION OF TERMS
Petriot reserves the right to modify these Buyer Terms or its policies relating to the sale of products and services on Petriot.com at any time, effective upon posting of an updated version of these Buyer Terms on the Petriot.com website. You are responsible for regularly reviewing these Buyer Terms. Continued use of Petriot.com after any such changes shall constitute your consent to such changes.
This site is created and controlled by Petriot.com in the State of Alabama. As such, the laws of the State of Alabama will govern these Buyer Terms without giving effect to any principles of conflicts of laws. Petriot.com reserves the right to make changes to its site and these Buyer Terms at any time. Buyer hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Alabama, and of the United States of America located in the State of Alabama for any litigation arising out of or relating to use of Petriot.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Alabama , and agrees not to plead or claim in any court of the State of Alabama that such litigation brought therein has been brought in an inconvenient forum.
If any provision of these Buyer Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Petriot as a result of these Buyer Terms or your use of this website. The failure of Petriot to enforce any right or provision in these Buyer Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Petriot in writing. These Buyer Terms, together with any applicable policies referenced herein, comprise the entire agreement between you and Petriot and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
You agree to defend, indemnify, and hold Petriot, its officers, directors, managers, members, lenders, employees, agents, accountants, attorneys, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements which result from, are alleged to result from, or arise out of, Buyer’s violation of this Agreement and Buyer’s business activities; financial activities; infringement of intellectual property; sales, marketing, and advertising activities; negligence or gross negligence; breach of contract; misrepresentation; fraud; violation of law or regulation; or any other claim or demand of any kind or nature whatsoever, whether known or unknown, arising out of or in connection with any dispute between Buyer and any other person, firm, or government agency. Buyer agrees to reimburse Petriot for all of its costs, including attorney fees, incurred by Petriot in connection with such claims.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
To the extent that Petriot elects not to enforce any provision of this Agreement, which it may do in its sole and absolute discretion, such election shall in no way be deemed or held to be a continuing or permanent waiver of Petriot’s rights under said provision. Petriot may revoke such election at any time without notice and proceed to enforce said provision. Any such election of non-enforcement shall not be deemed to constitute a modification or amendment of this Agreement unless the same shall be in a writing signed by both Buyer and Petriot, and shall not be deemed a waiver of Petriot’s rights to enforce such provision at any time in the future.
NO VERBAL MODIFICATIONS
This Agreement may be modified or amended only by a written instrument (in physical or electronic form) which is signed by Petriot, or posted by Petriot on the Website. Verbal or email representations by any person to a Buyer are not authorized, and do not constitute a modification or amendment to this Agreement. Buyer agrees it will not rely upon such verbal or unwritten representations as amending or modifying this Agreement.
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding these Buyer Terms or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.