Forecast Sales

Terms Of Use

Acceptance of Terms

By using www.forecastsalesinc.com (the “Site”), You agree to be bound by these Terms & Conditions and the terms of any written agreements between You and Forecast Sales. In addition, there may be additional terms posted during the use of particular services provided through the Site, including, but not limited to, the Forecast Sales Privacy Policy. All such terms are incorporated by reference into these Terms & Conditions. Any features or services that are added to the Site from time to time shall also be subject to these Terms & Conditions.

If You do not accept these Terms & Conditions or do not meet or comply with their provisions, You may not use this Site.

By using the Site, You represent and warrant that You have the right, authority and capacity to agree to and abide by these Terms & Conditions. You also represent and warrant to Forecast Sales that You will use the Site in a manner consistent with any and all applicable laws and regulations.

We reserve the right to change our Terms & Conditions at any time. In the event of any changes, we will post the new Terms & Conditions here. Please check back periodically to review any changes.

If you have questions or concerns regarding these Terms & Conditions, please contact Forecast Sales at sales@forecastsalesinc.com.

General Use

Forecast Sales is a manufacturer and wholesaler of aftermarket parts and supplies for the abrasive blasting industry. With the exception of Forecast Sales’ Pirate Brand and RPB Safety, Forecast Sales is not affiliated with nor endorsed by the manufacturers mentioned on the Site. Trademarks owned by third parties are used on the Site for comparative purposes only.

If You are an authorized distributor of Forecast Sales, You will be asked to create a user name and password in order to gain access to certain portions of the Site. Only authorized distributors are permitted to create a user name and password.

By using the password-protected portions of the Site, You warrant that You are an authorized distributor of Forecast Sales. You are solely responsible for maintaining the confidentiality of Your password. You are solely responsible for any and all use of Your account. You may not disclose Your password to any third party. You agree to notify Forecast Sales immediately if You suspect any unauthorized use of Your account or access to Your password. You agree not to use the account information, user name, or password of any other user at any time.

You acknowledge that all information contained on the password-protected portion of the Site, including but not limited to, pricing information and product lists, is confidential and proprietary to Forecast Sales. Forecast Sales and You both acknowledge and agree that the unauthorized disclosure of confidential information by You would result in irreparable harm to Forecast Sales for which there is no adequate remedy at law, and therefore agree that in the event of any unauthorized disclosure by You, Forecast Sales shall be entitled to obtain an injunction. This remedy shall be in addition to any other remedy available to Forecast Sales at law or in equity.

Intellectual Property

With the exception of third party trademarks, all Site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software are the property of Forecast Sales or its content suppliers and are protected by U.S. and international intellectual property laws, including copyright. The content and software on this Site is to be used solely for providing information and services to users of this Site. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content or software on this Site is strictly prohibited without the prior express written permission of Forecast Sales. Please contact Forecast Sales at sales@forecastsalesinc.com to inquire about use of the Site content.

With the exception of Forecast Sales’ Pirate Brand and RPB Safety, Forecast Sales is not affiliated with nor endorsed by the manufacturers mentioned on the Site. Trademarks owned by third parties are used on the Site for comparative purposes only.

Hyperlinks

You may create a hyperlink to the home page of the Site so long as it does not portray Forecast Sales, its affiliates, or its products and services in a false, misleading, or offensive manner. Forecast Sales may require that You remove a hyperlink at any time for any or no reason. You may use the Forecast Sales logo or other proprietary marks as part of the hyperlink only if you first obtain Forecast Sales’ express written permission.

Modifications to Site and Services

Forecast Sales reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, this Site (or any part thereof) or any of its products or services, with or without notice. You agree that Forecast Sales shall not be liable to You or to any third party for any modification, suspension, delay or discontinuance of this Site or any of its products or services.

Compliance with Applicable Laws

Your access to this Site is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud and intellectual property. These Terms & Conditions and the relationship between You and Forecast Sales shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Forecast Sales consent to the personal and exclusive jurisdiction of the state and federal courts located within the State of Indiana and waive any objection thereto.

No Endorsement or Guaranty

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or third party.

General Disclaimer

Forecast Sales assumes no responsibility for the accuracy, completeness or timeliness of the information provided on this Site, nor for the activities or conduct of users of this Site. Forecast Sales may, but is not obligated to, monitor the content and use of this website. In the event Forecast Sales receives notice that You have allegedly violated these Terms & Conditions, Forecast Sales may investigate such violation and consider it a breach of these Terms & Conditions. If You breach any of these Terms & Conditions, Forecast Sales may, at its sole discretion and in addition to any other remedies available at law or equity, deny or suspend your access to the Site without refund and at Your cost and expense.

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. FORECAST SALES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. FORECAST SALES DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE MATERIALS YOU POST OR ACCESS. IN NO EVENT SHALL FORECAST SALES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PROGRAM, PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, EVEN IF FORECAST SALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN FORECAST SALES’ MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.

Indemnity

You agree to defend, release, indemnify and hold Forecast Sales, and its affiliates, officers, agents, suppliers or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this Site or your violation of these Terms & Conditions.

General Terms

These Terms & Conditions and all other terms or agreements referenced herein constitute the entire agreement between You and Forecast Sales with regard to your use of the Site, and govern your use of this Site, unless You and Forecast Sales have executed another express written agreement. Any additional express written agreement between You and Forecast Sales applies only to the extent there is a conflict between these Terms & Conditions and that other agreement. The failure of Forecast Sales to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect.