Updated on April 13th, 2016 (the "Effective Date")
These Terms of Use (the "Terms") are an agreement between You and Target Specialty Products (TSP). The www.target-specialty.com website (the "Site") and the products and services offered thereby, including, but not limited, the sale and distribution (the "Services") of pest control products manufactured by third-parties and distributed by TSP (the "Products"). The Terms apply to Your use of the Site, the Products, and the Services. In these Terms, "You" or "Your" means any person or entity using the Site, the Products or the Services. Unless otherwise stated, "We" or "Our" will refer collectively to TSP and its subsidiaries, affiliates, managers, officers, employees, agents and contractors.
By using and ordering from this Site, You represent that You have read, understood and agreed to the Terms, and consent to be bound by all of them, including any future amendments or updates. You agree that you have not been barred from using the Site or Services under the laws of the United States or other countries, including the country in which You are resident or from which You use the Site, the Products or Services.
TSP has the right, but is not obligated, to strictly enforce the Terms through community moderation, active investigation, litigation and prosecution. These Terms may be changed at any time and will be posted here; please review these Terms each time You use the Site, the Products or the Services to learn of such changes. Your continued use of the Site indicates Your agreement to any and all changes.
To use the Services or purchase the Products, you must be at least 18 years of age and a Customer of TSP. By using Our Services, You certify that You are at least 18 years of age and that You agree to be bound by these Terms. If You do not agree to be bound by these Terms or if You are not at least 18 years of age, please immediately exit the site.
Use of TSP Services and Content. You agree not to sell or modify the TSP Content or reproduce, display, publicly perform, distribute, or otherwise use the TSP Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits TSP or its licensors, that dilutes the strength of TSP's or its licensor's property, or that otherwise infringes TSP's or its licensor's intellectual property rights. You further agree to in no other way misuse TSP Content that appears on this Site or in the Services. The use of the TSP Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that TSP creates to generate or display any TSP Content or the pages making up the Site is also protected by TSP's copyright and You may not copy or adapt such code.
Site Restrictions. You may not use the Site or the Services in order to transmit, post, distribute, store or destroy material, including without limitation, the TSP Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You are also prohibited from violating or attempting to violate the security of the Site or Services, including without limitation, the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user of the Site or Services, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
Privacy Policy. If you are not a current customer of TSP, You will be asked to create an account and provide TSP with certain information including, without limitation, a valid email address (Your "Information"). By agreeing to these Terms, You agree to the terms of the TSP Privacy Policy and acknowledge that Information You submit will be used in accordance with TSP's Privacy Policy.
DISCLAIMERS. TARGET SPECIALTY PRODUCTS IS A TRADEMARK OF TARGET SPECIALTY PRODUCTS, INC. ALL OTHER PRODUCT BRAND NAMES ARE TRADEMARKS AND/OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE COMPANIES. TARGET SPECIALTY PRODUCTS DISCLAIMS ANY AND ALL RIGHTS IN THESE MARKETS.
NOT ALL PRODUCS ARE REGISTERED IN ALL STATES AND/OR ALL COUNTRIES. STATE AND FEDERAL LICENSING REQUIREMENTS MAY APPLY. SPECIFICATIONS AND TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NO RECOMMENDATION HAS BEEN MADE CONERENING THE USE OF THE PRODUCT(S). PRODUCT INFORMATION WAS PROVIDED AND/OR OBTAINED FROM COMMUNICATIONS PRODUCED BY THE PRODUCT MANUFACTURER.
TSP DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TSP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, SERVICES OR CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, THE SERVICES AND THE PRODUCTS IS AT YOUR OWN RISK.
THE PRODUCTS DISTRIBUTED BY TSP THROUGH THE SITE ARE PRIMARILY PEST CONTROL SUPPLIES AND PRODUCTS AND TSP DOES NOT WARRANTY THE SAFETY OR THE EFFECTIVENESS OF ANY OF THE PRODUCTS SOLD ON THE SITE. TSP IS NOT RESPONSIBLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY IN CONNECTION WITH, ANY ARTHROPOD BITES, STINGS, OR DISEASES THAT OCCUR IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND SERVICES.
PESTICIDE CONTAINERS ALWAYS CONTAIN A PESTICIDE LABEL THAT CONTAINS THE EPA REGISTRATION NUMBER AS WELL AS EXACT DIRECTIONS FOR USE. THE FREE ADVICE GIVEN BY OUR EMPLOYEES OR AGENTS OR ANY OF THE PAGES ON THE SITE FOR PESTICIDE APPLICATION OR USE (THE "FREE ADVICE") ARE BASED ON COMMON APPLICATION PRACTICES IN THE PEST CONTROL INDUSTRY. THE FREE ADVICE SHOULD NEVER BE CONSTRUED TO TAKE THE PLACE OF THE PESTICIDE LABEL. IN THE U.S.A., THE PESTICIDE LABEL IS THE LAW AND A LEGAL DOCUMENT. YOU AGREE TO ALWAYS READ AND FOLLOW THE LABEL DIRECTIONS BEFORE USING ANY PESTICIDE PRODUCT. SOME OF THE PRODUCTS SOLD ON THE SITE MAY REQUIRE THE SPECIAL LICENSING TRAINING OR REGISTRATION OF THE USER WITH THAT USER'S COUNTRY, STATE, COUNTY, CITY, PROVINCE, ETC. OUR PRODUCTS ARE SOLD THROUGHOUT THE U.S.A. WE REVIEW STATE AND LOCAL LAW PERIODICALLY AND UPDATE THE SITE ACCORDINGLY, HOWEVER, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO THE USE OF THE PRODUCTS IN CONTRAVENTION OF ANY LAW, ORDINANCE OR REGULATION OF ANY COUNTRY, STATE, COUNTY, CITY, PROVINCE OR MUNICIPALITY. IT IS YOUR RESPONSIBILITY TO PROVIDE A LICENSE, PERMIT, REGISTRATION ETC. IF REQUESTED BY YOUR LOCAL OR STATE AUTHORITIES. MOST STATES OR COUNTIES IN THE U.S.A. WILL PROVIDE A LICENSE OR PERSONAL USE PERMIT FOR A NOMINAL FEE. IT IS ALSO YOUR RESPONSIBILITY TO VERIFY THAT ANY PRODUCTS PURCHASED ARE LICENSED FOR DISTRIBUTION AND USE IN THEIR COUNTRY, STATE, COUNTY, CITY, MUNICIPALITY AND/OR PROVINCE. ALL MONIES WILL BE PROMPTLY REFUNDED IF ANY PRODUCT SHIPPED TO YOU IS FOUND TO BE ILLEGAL FOR USE OR DISTRIBUTION, OR REGISTRATION FOR ANY REASON BY YOUR, COUNTRY, STATE, COUNTY, CITY, PROVINCE, OR MUNICIPALITY, PROVIDED THAT SUCH PRODUCTS HAVE NOT BEEN OPENED OR USED AND ARE RETURNED IMMEDIATELY TO TSP.
Limitation on Liability. Neither TSP, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from Your access to or use of Site, the TSP Content, the Products or the Services.
Error. In the event that a product is listed incorrectly (e.g. price, description or availability), we reserve the right to revise or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
Indemnification. You agree to indemnify and hold TSP, its officers, managers, employees, agents, subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by You or any third-party as a result of Your use of the Site, the TSP Content, the Products or the Services and/or Your breach or alleged breach of these Terms.
Ownership of Our Website. All of the content on the Site, including without limitation, the graphics, design, photos, videos and look and feel are owned by TSP and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The TSP logos are trademarks owned by TSP and may not be used or reproduced without Our written permission. In addition, You may not reverse engineer, de-compile, or otherwise disassemble software included on the Site.
Ordering Products. After placing an order for a Product on the Site, You will receive an email from TSP confirming that We have received Your order ("Order Confirmation"). This does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product and any order placed through the Site is subject to acceptance by Us, and We will confirm Our acceptance by sending You an email confirming the shipment of Your order (the "Shipping Confirmation Email"). A contract with Us will only be formed when We send You the Shipping Confirmation Email. The contract will relate only to those Products whose shipment We have confirmed have shipped in the Shipping Confirmation Email. We reserve the right to cancel Your order at any time before We have accepted it and We may rescind Our acceptance and cancel Your order where there has been an obvious error in price or where the Product is no longer in Our or Our third party fulfillment provider's stock.
TSP does not sell, or ship, internationally. Prices and availability of Products on the Site are subject to change without notice. Our Site contains a large number of Products and it's possible that some of the Products listed on Our Site may be incorrectly priced, even though We do Our best to ensure accuracy. If a Product's correct price is higher than the price stated on Our Site, We may, at Our discretion, contact You for instructions before shipping the Product or notify You that We have rejected Your order. We are under no obligation to provide the product to You at an incorrect lower price, even after We have sent You an Order Confirmation or a Shipping Confirmation Email. You acknowledge that Products may sell very fast and it may be the case the Product You ordered is no longer available. You agree that We may cancel Your order after You have received an Order Confirmation without penalty. It's even possible that You may receive a Shipping Confirmation Email, but the Product is no longer available in Our stock. You agree that We may rescind Our acceptance and cancel Your order without penalty if We are unable to ship the Product You ordered due to unavailability.
IN THE EVENT FULL PAYMENT IS NOT MADE WITHIN 30 DAYS AFTER INVOICING A FINANCE CHARGE WILL BE ADDED TO THE UNPAID BALANCE. IF A FINANCE CHARGE APPEARS ON THE STATEMENT, IT WAS COMPUTED BY A PERIODIC RATE OF 1.5% PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF 18% ADDED TO THE PREVIOUS BALANCE AFTER DEDUCTING CURRENT PAYMENTS , AND/OR CREDITS APPEARING ON THE STATEMENT.
Collection of Taxes. In states where We do not have a physical presence, We may not be required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for Products purchased on this Site. You should consult Your state and local tax laws to determine compliance with tax laws and regulations in Your jurisdiction. In some states, We do collect and remit sales tax. For purchases where sales tax is applicable You will see the tax calculated on the checkout page before You are asked to confirm the purchase. We use commercially reasonable efforts to compute and remit the correct amount of tax required on each taxable purchase, however, We do not guarantee the accuracy of the amount of the tax shown as the tax owed. As a result of any error, We may over-collect or under-collect Your tax. In consideration of Our allowing You access to and use of the Site, and in collecting and remitting taxes required on Your purchases, You hereby waive Your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless TSP, its officers, directors, employees, agents and representatives, for any harm or other damages You may incur as a result of Our error in calculating the taxes You owe for Your Product purchases.
Shipping. The term "shipping" or "ship" includes the commencement of shipping Products in an order for multiple purchases or where the Product purchased consists of components that must be shipped separately. Your order may consist of Products that require shipment in separate packages. In all such orders, We try to ship out individual packages together so that they arrive at the same time; however, in some instances, We commence shipping by shipping individual packages in the order the soonest they are available. In such case, Our notification to You that Your order has "shipped," indicates the time when shipping has commenced and does not mean that all Products in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. All items purchased from target-specialty.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon tender of the item to the carrier.
Other Terms. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Gwinnett County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to You by TSP regarding the use of the Site, the TSP Content, the Products or the Services.
