Terms and Conditions
TERMS OF SERVICE
This website is operated by Pyradyne. Throughout the site, the terms “we”, “us” and “our” refer to Pyradyne. Pyradyne offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pyradyne, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pyradyne and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 4980 S. Alma School Rd, Suite 2-451, Chandler, Arizona 85248.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The entire content included in this Site, including but not limited to text, graphics, photos, videos or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pyradyne. The collective work includes works that are licensed to Pyradyne. All trademarks, service marks and trade names of Pyradyne used in the Site are trademarks or registered trademarks of Pyradyne. All other trademarks and copyrights belong to their respective owners. The trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Pyradyne and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Pyradyne or such third party that may own the trademarks displayed on the Site. The website itself is Copyright © 1975-2019, Pyradyne. All Rights Reserved.
Use of Website Documents
Although we make this Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the Site. The materials available through this Site are the property of Pyradyne or its licensors, and are protected by copyright, trademark and other intellectual property laws. Pyradyne and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this Site, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this Site in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course you are free to encourage others to access the information themselves directly on this Site, and to tell them how to find it. Any content that you copy from the Site for personal use only needs to be credited to www.pyradyne.com and Pyradyne, and linked to the Site's URL: http://www.pyradyne.com .
You should assume that everything you see or read on the Site is copyrighted material unless otherwise noted, and may not be used except as provided in these Site Terms and Conditions or in the text on the Site without the written permission of Pyradyne. Pyradyne neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Pyradyne.
Images of people or places displayed on the Site are either the property of, or used with permission by, Pyradyne. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Site Terms and Conditions, or specific permission provided elsewhere on the Site, or by written permission of Pyradyne. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
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 Site solely for your own personal, non-commercial use. Any other use of materials on this Site, including but not limited to the reproduction, distribution, display or transmission of the content of this Site, is strictly prohibited, without the prior written permission of Pyradyne.
This Site is provided as is and without warranties of any kind, whether express or implied. Pyradyne does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Pyradyne does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pyradyne 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 Site even if Pyradyne has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Pyradyne be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any content, documents, materials, information, products or services downloaded or otherwise obtained through the use of this Site.
These terms and conditions are applicable to you upon your accessing the Site and/or submitting information or making a financial transaction. These terms and conditions, or any part of them, may be terminated or changed by Pyradyne without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Applicable Laws, shall survive any termination.
Pyradyne may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Pyradyne.
Your use of this Site shall be governed in all respects by United States of America federal law and the laws of the State of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Pyradyne products or services) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Pyradyne products or services) must be commenced within one (1) year after the claim or cause of action arises. Pyradyne'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. Pyradyne may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden; impersonation of others, including an Pyradyne or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site 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 Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Pyradyne does not and cannot review all communications and materials posted to or created by users accessing the Site, 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 Site, Pyradyne 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 Site. However, Pyradyne 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 Pyradyne in its sole discretion. Pyradyne reserves the right to make changes or updates to the Site at any time without notice for any reason.
Third Party Links, Websites, Content, Products and Services
In an attempt to provide increased value to our visitors, Pyradyne may link to sites operated by third parties. However, even if the third party is affiliated with Pyradyne, Pyradyne has no control over such linked sites, all of which have separate privacy and data collection practices, independent of Pyradyne. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pyradyne seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Pyradyne reserves the right to remove any links to its Site at any time, for any reason.
The Site provides links to Websites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Pyradyne is not responsible for the availability of, and Content provided on, third party Websites. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. You agree that Pyradyne is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Pyradyne is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Pyradyne is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Pyradyne is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address, an email address, or other contact information.
Address information, e-mail and phone numbers are held strictly confidential by Pyradyne and are only used to inform you about information you need or have requested from Pyradyne, relating to its services or products.
In the few instances where Pyradyne collects personally identifiable information through its Website located at www.pyradyne.com, Pyradyne will not share that information with other companies or individuals unless: we need to share your information with certain third parties which which we have a business relationship in order to provide a product or service you have specifically requested.
CALIFORNIA NEW LAW IN 2020 - CCPA
Originally known as AB375 for its origins in the state Assembly, the new law, called the California Consumer Privacy Act, goes into effect in January 2020. CCPA is rooted in the right of privacy added to the California Constitution in 1972. In essence, it provides all California residents the right to know what data is being collected on them, for what purpose and use and with whom it’s being shared. The legislation further requires companies that collect this data to delete all of it upon request by a user who earlier opted in.
Pyradyne—already in 2018—has its own policy to remove a person from all email communications if a person requests to Unsubscribe. Also, if a person would like all information to be removed about them from our Customer Information records, we will do so.
Regarding international privacy laws, Pyradyne respects the privacy rights of any person, and also complies with the European law regarding privacy in Europe—the GDPR or General Data Protection Regulation. See this link about it:
The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with regard to the processing of personal data (PII (US)) and on the free movement of such data) was a European Union directive adopted in 1995 which regulates the processing of personal data within the European Union. It is an important component of EU privacy and human rights law.
The General Data Protection Regulation, adopted in April 2016, has superseded the Data Protection Directive and became enforceable starting on 25 May 2018. …
The seven principles governing the OECD’s recommendations for protection of personal data were:
1 Notice—data subjects should be given notice when their data is being collected;
2 Purpose—data should only be used for the purpose stated and not for any other purposes;
3 Consent—data should not be disclosed without the data subject’s consent;
4 Security—collected data should be kept secure from any potential abuses;
5 Disclosure—data subjects should be informed as to who is collecting their data;
6 Access—data subjects should be allowed to access their data and make corrections to any inaccurate data
7 Accountability—data subjects should have a method available to them to hold data collectors accountable for not following the above principles.
The OECD Guidelines, however, were non-binding, and data privacy laws still varied widely across Europe.
The EC has set a compliance date of 25 May 2018, giving businesses around the world a chance to prepare for compliance, review data protection language in conracts, consider transition to international standards, update privacy policies, and review marketing plans.
Pyradyne is a responsible company which values its customers and others who contact Pyradyne, and their wishes about how they’d like to receive or not receive communications from Pyradyne. Our goal is to always please our customers, offer them the best service, and hope they will continue to be customers because of the integrity with which Pyradyne operates its business.
Thank you very much for your interest in Pyradyne and www.pyradyne.com.
Copyright © 1975-2019, Pyradyne. All Rights Reserved.
4980 S. Alma School Road, Suite 2-451
Chandler, AZ 85248 USA
Phone: (623) 295-9224
You may call us any time, 24/7, and feel free to leave a message if someone does not answer the phone at the time you call. We will respond to you.