This website (the "Site") is provided as a service to our customers for non-commercial use. Please review the following basic rules that govern the use of our Site (the "Agreement"). Please note that use of our Site constitutes an unconditional agreement to follow and be bound by these Terms and Conditions. Fountain Industries, LLC expressly reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. Because of this, Fountain Industries, LLC requests that all users review these Terms and Conditions whenever you visit the Site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fountain Industries, LLC and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Fountain Industries, LLC and is also protected by U.S. and international copyright laws.
Fountain Industries, LLC, and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any Fountain Industries, LLC or any third party's intellectual property rights.
Fountain Industries, LLC names and logos and all related products and names, design marks and slogans are trademarks or service marks of Fountain Industries, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Fountain Industries, LLC’s endorsement, sponsorship or recommendation of the third party, information, product or service. Fountain Industries, LLC is not responsible for the content or accuracy of material on any other websites. If you decide to link to any third party websites via a hyperlink on the Site, you do so entirely at your own risk and agree to hold Fountain Industries, LLC harmless from any damage you might suffer by accessing or using the third party website.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Fountain Industries, LLC or its suppliers and protected by U.S. and international copyright laws. Any unauthorized usage, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of this Site is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is 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 user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Fountain Industries, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Fountain Industries, LLC on this Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
You may provide hyperlinks to the Site from other websites only if you satisfy the following requirements:
You agree to immediately disable and discontinue any hyperlinks to the Site if requested to do so by Fountain Industries, LLC whether orally or in written or electronic form.
You do not remove or otherwise obscure any content on the Site including, without limitation, any copyright notices, advertisements, or any other notices or identifiable information by any method including, without limitation, "framing."
You agree that the failure to comply with these requirements constitutes an improper and unlawful accessing of the Site which is likely to cause damage to the efficiency and operation of the Site.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Fountain Industries, LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Fountain Industries, LLC’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Minnesota law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Minnesota. The prevailing party under any such suit shall be entitled to an award of reasonable costs and attorney’s fees.
USER COMMENTS, FEEDBACK, MESSAGES AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Fountain Industries, LLC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Feedback" or “Message”) shall be and remain the property of Fountain Industries, LLC. Such disclosure, submission or offer of any Feedback or Message shall constitute an assignment to Fountain Industries, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fountain Industries, LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Feedback or Comments.
Fountain Industries, LLC is and shall be under no obligation (1) to maintain any Feedback or Message in confidence; (2) to pay to user any compensation for Feedback or Message; or (3) to respond to any user Feedback or Message. You agree that no Feedback or Message submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback or Message you make.
Fountain Industries, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas or original artwork.
You agree to defend, indemnify and hold Fountain Industries, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.
THIS SITE IS PROVIDED BY FOUNTAIN INDUSTRIES, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOUNTAIN INDUSTRIES, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOUNTAIN INDUSTRIES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FOUNTAIN INDUSTRIES, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF FOUNTAIN INDUSTRIES, LLC SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FOUNTAIN INDUSTRIES, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE FOUNTAIN INDUSTRIES, LLC SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FOUNTAIN INDUSTRIES, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Fountain Industries, LLC makes every effort to ensure the accuracy of the information provided on its web site. However, due to the possibility of transmission errors, HTML browser capabilities, changes made since the last update to the site, etc., neither the board, nor any agency, officer, or employee of Fountain Industries, LLC warrants the accuracy, reliability, or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, or timeliness of such information. Portions of such information may be incorrect or not current. Any persons or entities that rely on any information obtained from this system do so at their own risk.
All information, text, photographs, videos, audio, graphics, links, architecture and all content on Fountain Industries, LLC web site are protected by copyright of Fountain Industries, LLC or third parties. All rights reserved. All information may be used for your personal use only and not for redistribution unless consented to in writing by Fountain Industries, LLC.