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 United States. Access to the Materials may not be legal by certain persons, or in certain countries.

 

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 United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

6.      This Agreement is governed by the internal substantive laws of the State of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Massachusetts where PVFShare has its principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and PVFShare with respect to the use of the Website.

 

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

261 Kenyon Street

Hartford, CT  06105