Please read the following terms and conditions of use carefully before using this website.
In the event a Procya product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Procya shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Procya shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Procya shall issue a credit to your credit card account in the amount of the incorrect price.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Procya without notice at any time for any reason. The provisions related to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Procya may deliver notice to you by means of electronic mail, a general notice on the website, or by written communication delivered by first class US mail to your address on record in Procya’s account information.
Your use of this website shall be governed in all respects by the laws of the state of Minnesota, USA. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Procya products) must be commenced within one (1) year after the claim or cause of action arises. Procya’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Procya may assign its rights and duties under this Agreement to any part at any time without notice to you.
USE OF WEBSITE
Harassment in any manner or form on the website, including via email or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Procya or other licensed employee, host, or representative as well as other member or visitors on the website is prohibited. You may not upload to , distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Procya. The collective work includes works that are licensed to Procya. ALL RIGHTS RESERVED WORLDWIDE. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with Procya or purchasing Procya products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Procya or to purchase Procya products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
Procya does not and cannot review all communications and materials posted to or created by users accessing the website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the website, Procya is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Procya reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Procya at its sole discretion.
You agree to indemnify, defend, and hold harmless Procya, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Procya may choose various third party websites to link to from our own website. However, Procya has no control over these linked websites which each have separate privacy and data collection practices, independent of Procya. Procya has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our website and the links placed upon it and therefore we request feedback on not only our own website, but for websites we link to as well (including if a specific link does not work).
All trademarks, service marks and trade names of Procya used herein (including but not limited to the Procya word trademark and the Procya logo trademark) are trademarks or registered trademarks of Procya.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
Most synthetic fabrics will melt or burn if exposed to flame or direct heat. These fabrics are not fire resistant/retardant and we advise not to use them when engaging in any activities where you may be exposed to direct heat or flame.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROCYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROCYA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROCYA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
PROCYA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF PROCYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.