Membership & Fees; Terms
and Conditions of Use; Privacy Policy
This
page describes Membership & Fees, states Terms and Conditions of Use, and
Privacy Policy under which you (a "Member") may access, interact
with, and otherwise use this website (the "Website"). Please read this information carefully.
This is an agreement (the "Agreement") between the Member and
PVFShare.com (“PVFShare”), the owner and operator of the Website. If you do not
accept the terms stated here, do not use the Website. It contains the complete
terms that apply to your use and participation, and by using the Website you
agree to be legally bound by way of the Agreement. This Agreement is subject to
change and may be modified at any time, and any such modification shall be
effective immediately upon posting of the modified agreement on the Website. If
you find changes in these terms that are unacceptable, you should discontinue
your use of the Website.
Membership & Fees
1. Membership is open to all bonafide
distributors and is without fee. Approval is subject to distributor completion
of application and PVFShare’s review of application. Approval process typically
takes less than five business days. Care is taken to create a network of members
who share similar core values, including: authenticity, relationships, service,
and growth.
2. Affiliates. PVFShare may make available limited access
to Affiliate(s) (non distributor(s)). Distributor members will be notified that
the affiliate is a non distributor. This policy provides additional profitable
business for the distributor member and a new relationship for future business.
Affiliates are unable to list product on the site. They participate as a buyer
only.
3.
Listing Fee
a.
Annual
subscription: $1199.88 @ One time payment;
a rate of $ 99.99
/ mo.
b.
“
“ : $1,319.88 @ 12 monthly payments of $109.99 / mo.
c.
6 month “
: $ 839.94 @ One time payment; a rate of $139.99 /
mo.
d.
3 month “ :
$ 479.97 @ “
“ “
“ $150.99 / mo.
Fees are:
1. per warehouse location;
2. Payable upon registration approval.
3. Are upgradable. Original fee may be applied to a
longer listing period; 45.00 administrative fee
Terms and Condition of Use
This page states the Terms of
Use under which Members may access, interact with, and otherwise use this
website (the "Website") Please read this page.
Content and Communications
The
Members and PVFShare agree:
1. The Website is a venue with the sole purpose of
offering information to facilitate the Membership in the buying and selling of
excess product and services. PVFShare will make best efforts to ensure
information provided is accurate. The Website may contain inaccuracies,
omissions or typographical errors. PVFShare does not have control over the
sale, offer, or transaction terms and conditions between members. PVFShare is
not a merchant of goods or services, broker, dealer, advisor, advocate, sales
representative, middleman or other intermediary. Any offers, sales or purchases
made with another Member, or decisions facilitated through the Website are
strictly the Members own. Members must perform due diligence and use best
judgment. The use, posting, distribution, or publication of any content does
not constitute or imply an endorsement, recommendation, advice, opinion or
comment by PVFShare nor an assurance of legality, quality or safety by
PVFShare. PVFShare shall not be responsible for any offer, sale, purchase or
other transaction made, content posted, or other communications made by Member
prices, offering goods or services, advertisements, opportunities, advice,
proposals or other information on the Website. Products purchased by a Member
are purchased directly from the other Member. Members are solely responsible
for every aspect of such purchase. Members are solely responsible for the
communications medium that such Member uses in community interactions. Should
an irresolvable dispute arise between one or more members, members agree to
binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. The Members shall use the site expressly for
and limited to the sole purpose of buying from or selling to another Member.
The Members access to PVFShare.com is not to be shared with non-members
2. On behalf of Members and their listed inventory:
PVFShare.com will promote its site through various media including but not
limited to trade publications, direct sales representatives as well as
electronic communications. PVFShare.com will solicit new members who also share
similar values: authenticity, relationships, service, and growth
3. PVFShare reserves the right to expel Members and
prevent their further access to the Website for violating this Agreement or the
law.
4. PVFShare is not obligated to screen listings in
advance and is not responsible for screening or monitoring the Website or its
posted content. However, Members acknowledge and agree that PVFShare has the
right to monitor the Website electronically from time to time its sole
discretion, and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the
Website properly, or to protect itself or its Members. If PVFShare is notified
of content that allegedly does not conform to this Agreement, it may
investigate the allegation and determine in its sole discretion whether to
remove or request the removal of the content or termination of use of the
Website. PVFShare has no liability or responsibility to Members for performance
or nonperformance of such activities. If a member views content or receives
communications allegedly inconsistent with this Agreement, an e-mail may be
sent to info@PVFShare.com stating the observed behavior. Following receipt of
such correspondence, decisions will be made regarding Member terminations,
removal of posted content, or other actions deemed appropriate by PVFShare in
its sole discretion. All decisions made by PVFShare are final and do not imply
nor impose, on PVFShare, any responsibility or liability for the form, intent,
or accuracy of the original, or any future, posted content by or communications
between anyone.
5. Members hold PVFShare.com harmless for the accuracy of
information, condition of product and services or performance of other Members
including but limited to information posted by a Member.
6. Members to list only unused product.
7. PVFShare.com (including but not limited to Terms and Conditions
of Use; Membership and Fees; Privacy Policy) are subject to change with out
prior notice.
8. Members will not use the site for unlawful purposes or
use PVFShare.com, its site and information therein to damage PVFShare.com or Members.
9. PVFShare.com is not an internet service provider and
therefore does not ensure uninterrupted service availability of the website. Members
will be notified in advance of site upgrades and/or enhancements.
10. Member’s use of PVFShare.com constitutes binding
acceptance of these terms of use, including any changes to terms of use that
PVFShare.com makes unilaterally. Failure to abide by said terms can result in
an action including but limited to the immediate suspension of access to the
site. Member holds harmless PVFShare.com in said action.
11. PVFShare.com disclaims responsibility for the timely
or accurate product presentation provided by any member, including but not
limited to postings applications and change requests
Copyright and Other Restrictions on Use of the Website
and Website Content
1. Authorization of Use and General Prohibited Uses. PVFShare
authorizes Members to view / print / download copies in an appropriate amount solely
for a Member’s general resource, or information to facilitate a possible
transaction. Other than Guests (prospective new Members with out access to full
content) the Website shall not be used by non members.
2. The Members will not access information available at
PVFShare.com website in any automated method, other than provided by the site,
and will only access the site manually via commercially available web browser
software. The Members will not link or use any electronic means to connect
PVFShare.com to any other website.
3. The Website shall not be used by Members and/or other
persons to post, transmit, display, publish, or distribute content:
a. in violation of this Agreement,
b. (in a manner that infringes the copyright, trademark,
trade secret or other intellectual property rights of others or violate the
privacy or publicity or other personal rights of others,
c. that is fraudulent, deceptive, defamatory, obscene,
threatening, harassing, abusive, hateful, or embarrassing to another Member or
any other person or entity, including without limitation, a sexually-explicit
or parody image or text, chain letters and pyramid schemes, or
d. violates applicable laws, including without limitation,
consumer protection and trade laws and regulations. Members may not deep-link
to the Website for any purpose or use any robot, spider or other automatic
device or process to monitor or copy any portion of the Website or the
Material.
4. Copyright; Prohibition Against
Copying. The contents of the Website, such as the compilation and arrangement
of content including text, graphics, images and other materials, and the
hypertext markup language (HTML), scripts, active server pages (ASP), or other
content or software used in the Website (the "Material"), are
protected by copyright under both United States and foreign laws. All rights
reserved. Unauthorized use of the Material may violate copyright, trademark,
and other laws. Regardless of the extent to which the Material is protected by
copyright you agree that you may not sell or modify the Material or copy,
display, retransmit, distribute, disseminate, sell, publish, broadcast, or
otherwise use Material in any form or media for any public or commercial
purpose, including the generation of derivative material, except as expressly
permitted by PVFShare. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make of the
Material. The use of the Material on any other Website or other
telecommunication media or in a networked computer environment for any purpose,
without the prior express written permission of PVFShare, is prohibited. (c)
Trademark. PVFShare.com™, the PVFShare.com™ logo, PVFShare™, the PVFShare™ logo
and other marks are trade names and trademarks of PVFShare.com. PVFShare’s
trademarks may not be used by the Member in connection with any product or
service that is not offered by PVFShare, in any manner that is likely to cause
confusion in the marketplace, or that disparages or discredits PVFShare or its Members.
Disclaimer of Liability
1. PVFShare does not warrant that the Website will
operate error-free or that the Website and its server are free of computer
viruses or other harmful mechanisms. If your use of the Website results in the
need for servicing or replacing equipment or data, PVFShare is not responsible
or liable for those costs.
2. PVFShare does not guarantee continuous, uninterrupted
or secure access to the Website, and numerous factors outside of PVFShare's reasonable
control may interfere with operation of the Website. The Website may contain
links to third party Websites. These links are provided solely as a convenience
to you and not as an endorsement by PVFShare of the content on such third party
Websites. PVFShare is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy
of materials on such third party Websites. If you decide to access linked third
party Websites, you do so at your own risk.
3. The website and the material are provided on an 'as
is' basis without any warranties of any kind. PVFShare, to the fullest extent
permitted by law, disclaims all warranties, including the warranty of
merchantability, non- infringement or third party rights, and the warranty of
fitness for a particular purpose. PVFShare makes no warranties about the
accuracy, reliability, completeness, intent, usefulness, or timeliness of the
material, content, services and links. Use of this website is at your own risk.
Limitation of Liability
1. In no event shall PVFShare, its affiliates, agents,
suppliers, partners, information providers, and their respective officers,
directors, employees, contractors and agents or any third parties mentioned at
this website be liable for any damages whatsoever (including without
limitation, incidental, consequential, punitive and exemplary damages, lost
revenues, or damages resulting from lost data, inconvenience or business
interruption) resulting from the use or inability to use the website, and the
content, whether based on warranty, contract, tort, or any other legal theory,
and whether or not PVFShare or such other parties are advised of the
possibility of such damages.
2. In no event shall PVFShare or the aforementioned
parties be liable to you or anyone else for any decision made or action taken
by you or anyone else in reliance on this website or any of its content. In no
event shall the aggregate liability to you for all claims directly or
indirectly arising from the use of the website exceed one dollar ($1.00). Some
jurisdictions do not allow the limitation of liability, so the foregoing
limitation may not apply to you. Members recognize and agree that the warranty
disclaimers and liability and remedy limitations in this agreement are material
bargained for bases of this agreement and that they have been taken into
account and reflected in determining the consideration to be given by each
party under this agreement and in the decision by each party to enter into this
agreement.
Indemnity and Release
1. As a material inducement to provide you with use of
the Website, you hereby indemnify, defend and hold PVFShare, and its officers,
directors, owners, agents, partners, information providers, and affiliates
(collectively, the "Indemnified Parties") harmless from and against
any and all demands, damages, liability, claims, actions, demands and costs
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement, including, reasonable attorneys' fees and
costs.
2. If you have a dispute involving the Website with a
third party, you release each of the Indemnified Parties from all claims,
demands, damages, liability, claims, actions, demands and costs of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
Privacy Policy
1. PVFShare.com adheres to the principles addressed in
the guidelines developed by the Online Privacy Alliance (OPA) and the Federal
Trade Commission (FTC). These guidelines may be viewed on:
a. http://www.privacyalliance.org/resources/ppguidelines.shtml
b. http://www.ftc.gov/reports/privacy3/fairinfo.htm.
2. PVFShare.com respects the privacy of each of its Members,
and the confidential nature of information that may be shared among members of
a franchise community. To ensure Members’ privacy, we collect minimal
personally identifiable information. Typically, this information is limited to:
•Company name, address, telephone number, fax number
and URL
•Member first and last names, e-mail address and
telephone number
•Credit card information for billing purposes only
3. We do not share this information with any third party
including manufacturers, and do not use this information for solicitation or
marketing communication. We reserve the right to use this information to
communicate to our Members and their Members information pertaining to the
policies, features and status of PVFShare.com. This information is also
available to other Members. It is part of our terms of use that no Member may
use this information for any purpose other than to facilitate the purchase /
sale of items listed.
P3P
The
Website is in compliance with the current draft of the World Wide Web
Consortium (W3C) Platform for Privacy Preferences (P3P) specification,
http://www.w3c.org/P3P, dated April 16, 2002. This specification was developed
to allow Members to more easily evaluate the use of personal information
collected by the web sites they visit. Thus, if your browser is Microsoft
Internet Explorer Version 6, or later, your browser can electronically
interpret the P3P version of our privacy policies.
Electronic ID’s
Electronic
identifications are used to recognize and permit authorized Members access to
the website and its database. Data is collected (ie
items searched) and is instrumental to maintain the accuracy of inventories.
This data will not be shared with any non member / third party.
Member Information and Privacy
Disclosure
and use of information obtained from Members is subject to PVFShare’s Privacy
Statement as set forth below.
General
1. Nothing herein shall be construed to limit the right
of PVFShare to warn, suspend or terminate access to the Website of any Member
who breaches this Agreement, provides inadequate authentication of identity, or
PVFShare in its discretion, determines that the Member's activities poses a
possible legal or business risk to anyone, including PVFShare.
2. PVFShare may discontinue or change the Website at any
time.
3. This Agreement is personal to you and may not be assigned
without the prior written consent of PVFShare.
4. PVFShare makes no claims the Materials are appropriate
or may be downloaded outside of the
5. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods. Each party
shall comply with all applicable export laws, restrictions, and regulations of
any United States or foreign agency or authority and will not export or re-
export, or allow the export or re-export of any product, technology or
information it obtains or acquired in connection with the Website (or any
direct product thereof) in violation of any such laws, restrictions or
regulations. If you access the Website from outside of the
6. This Agreement is governed by the internal substantive
laws of the State of
Collection and use of non-personal
information
1. If you visit the Website, we do not collect any
personally identifiable information about you (such as your name, address,
phone number or email address) unless you provide it. We may, however, collect
non-personally-identifiable (anonymous) information about you, such as the server
your computer is logged into or your browser type. Other examples of
non-personally-identifiable information include: Your IP address (a unique
number that is automatically assigned to your computer whenever you are surfing
the Web; many Web servers automatically identify your computer by its IP
address). Your domain type (i.e., .com, .net, .edu,
etc.). o Standard information included with every
communication sent on the Internet, such as browser type, operating system,
browser language, service provider, and local time. PVFShare collects data from
the Web logs of its servers -- the computers that "serve up" Web
pages -- delivering the PVFShare content. This includes information about what was
viewed. We create "aggregate data" reports that we disclose to our
listing Members. We may also study aggregate data in order to enhance our
existing services or develop new services. We will not disclose any personal
information to a third party without your express prior written authorization.
We can and will use IP addresses to identify a Member when we feel it is
necessary to enforce compliance with our or terms of use or to protect our
service, site, customers, or others.
Use of Cookies
PVFShare
does not use cookies on the
Website.
Information
Your
information is collected solely by PVFShare. Information is not sold, traded or
rented to others. Aggregate statistics about our Members, traffic patterns and
related site information maybe shared to our members or for other marketing and
promotional purposes. In these situations, we would not disclose any
information that could be attributed to identifiable individual member(s). If
you choose to register for electronic alerts, we do require your email address.
We will not share any of this information with any third party. Email Alerts
feature offers the opportunity to receive email notification on newly listed
inventory. PVFShare shares contact information within the membership.
Retention of information
Any
information we collect may be retained for an indeterminate period of time.
Confidentiality and Security
PVFShare
has implemented generally accepted standards of technology security in order to
protect information from loss, misuse and unauthorized access, disclosure,
alteration or destruction. Only employees of PVFShare have access to the
information we collect, and these employees are made aware of and required to
comply with our privacy policy.
Links to Other Sites
The
Website may provide links to an external Web site. When you click on such a
link, you will leave PVFShare. The privacy policy of the external Web site will
then be in effect, not PVFShare’s. PVFShare does not control or makes an
endorsement of any kind regarding the external site or its privacy policy. PVFShare’s
policy does not extend to anything that is inherent in the operation of the
Internet, and therefore beyond PVFShare’s control, and is not to be applied in
any manner contrary to applicable law or governmental regulation. We do not
control cookies from the other sites that you may link to from PVFShare.
Changes to the Privacy Policy
All
versions of this privacy policy are dated with the effective date (the date on
which the policy was posted to PVFShare). PVFShare will only use the
information we learn about you in the manner described in the Privacy Policy in
effect when the information was collected from you. However, we reserve the
right to change the terms of this Privacy Policy at any time by posting
revisions to our site.
Changes in Company Structure
If
PVFShare is sold, merged or otherwise transferred to another entity, the
personal information you have provided at this site may be transferred as part
of that transaction. However, PVFShare will take steps to assure that any
personal information is used in a manner consistent with the PVFShare privacy
policy under which it was collected.
Effect of Legal Obligations upon this
Privacy Policy
PVFShare
may disclose Member information in special cases when we have reason to believe
that disclosing this information is necessary to identify, contact or bring
legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) PVFShare’s rights or property, other Members,
or anyone else that could be harmed by such activities. PVFShare may disclose Member
information when we believe in good faith that the law requires it.
Effect of Privacy Policy
This
privacy policy is not intended to and does not create any contractual or legal
rights in or on behalf of any party. As noted above, we may revise this privacy
policy from time to time in our sole discretion.
Contacting the Website
If
you have any questions about the above Terms of Use or Privacy Policy, you can
contact:
PVFShare.com,
LLC
Info@PVFShare.com