Terms of Service
Copyrights
This Site and the materials within it are © AC Pro("AC Pro"). Viewing or using this Site creates a copy of AC Pro materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
Use License
Material Supply, Inc. dba AC Pro grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to AC Pro that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and AC Pro relating to the sale of products or services to you through this Site, AC Pro will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
SMS and Mobile Messaging Terms
Effective Date: August 3, 2026
These SMS and Mobile Messaging Terms (“SMS Terms”) govern text messages sent by or on behalf of AC Pro, Inc. (“Company,” “we,” “us,” or “our”) to recipients, including those in California, Nevada, Utah, and Arizona.
These SMS Terms supplement our General Terms of Use and Privacy Policy. If there is a conflict between these SMS Terms and those of our General Terms of Use concerning any of our text-messaging programs or SMS messaging, these SMS Terms will control.
1. Eligibility
Our text messaging programs are available to customers and our employees and contractors. The programs are not directed to those under the age of majority. Specifically, the marketing program is not directed to children under 13. Individuals under the age of majority in their state should enroll only with the permission of a parent or legal guardian.
Employee MFA programs are available only to personnel authorized to access Company systems. Eligibility ends when that authorization or the person’s employment or engagement ends.
2. Covered Programs
A. Marketing Text Messages
By enrolling in our Marketing Program, you authorize us to send and agree to receive recurring automated promotional and personalized marketing text messages from AC Pro, including text messages that may be sent using an automatic telephone dialing system, automated technology including AI-assisted technology (collectively as “Automated Text Messages”), concerning:
- products or services;
- sales, discounts, or special offers;
- events;
- loyalty or rewards programs
- surveys;
- abandoned shopping carts;
- product recommendations; and
- other commercial offerings described when you enroll
You agree that you consent to receive such messages regardless of any state or federal time-of-day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry.
By affirmatively enrolling in the marketing text-message program, you:
- confirm that you are the subscriber or customary user of the telephone number and are authorized to consent to messages at that number;
- acknowledge that consent is not a condition of purchasing or leasing property, goods, or services, creating an account, applying for employment, accepting employment, continuing employment, or receiving compensation or benefits; and
- agree to these SMS Terms and our SMS Privacy Policy.
Consent applies only to the Company and brands specifically identified in the enrollment disclosure. Consent does not authorize an unnamed affiliate, franchisee, business partner, or third party to send its own marketing messages. We may share certain information with our service providers as described in our SMS Privacy Policy.
B. MFA and Security Messages
By selecting SMS as an authentication or security method, enrolling in our MFA and Security Program, or by entering your telephone number or requesting an SMS code, you authorize us to send the authentication and security messages and agree to receive recurring Automated Text Messages that are reasonably necessary to fulfill your request or administer the security feature, including:
- one-time passcodes
- login-verification codes
- identity-verification messages
- password-reset messages
- account-recovery messages
- device-enrollment messages
- fraud or suspicious-activity alerts
- other non-promotional messages reasonably necessary to secure an account or Company system
You understand that:
- SMS messages are not encrypted and may not be completely secure. Messages may be accessible to anyone who has access to your device, SIM card, telephone account, linked devices, or message backups;
- access to your device or telephone account may permit another person to view authentication messages;
- You are responsible for securing your device and promptly reporting suspected unauthorized access.
- Do not send passwords, complete payment-card numbers, Social Security numbers, health information, or other highly sensitive information by text unless we expressly direct you to use an approved process.
- disabling SMS may prevent access until another authentication method is established; and
- we may invalidate codes, limit requests, or require an alternative authentication method to protect against fraud or unauthorized access.
- orders or transactions
- appointments or deliveries
- account administration
- service interruptions
- workplace scheduling or administration
- legal or compliance notices
- emergency or safety matters
3. Utah-Specific Marketing Consent
For recipients in Utah, your enrollment constitutes prior express consent to receive telephone solicitations from the Company and brands expressly identified in the enrollment disclosure (collectively as the “Solicitor”).
A reference to a corporate family, “partners,” “affiliates,” or similarly broad category does not expand your consent beyond the specifically identified Solicitor unless applicable law permits otherwise.
The Company will maintain records reasonably sufficient to demonstrate:
- the identity of the specific Solicitor;
- the telephone number covered;
- the disclosure presented;
- the date and time of enrollment; and
- the affirmative action through which consent was provided.
3. Employee and Applicant Protections
Employees, applicants, and contractors are not required to consent to marketing text messages as a condition of:
- applying for, being hired, or continuing employment;
- receiving work assignments;
- receiving compensation or benefits; or
- accessing Company systems.
The MFA and Security Program is separately from the Marketing Program.
California employees who are required to use a personal mobile telephone or service plan for work purposes will be reimbursed for reasonable and necessary expenses in accordance with applicable law and Company policy. Employees should follow the Expense Reimbursement policy set forth in the Employee Handbook and submit applicable reimbursement requests for approval.
4. Message Frequency
Marketing message frequency varies and is expected to be approximately 1 message per week (4 messages per month). Additional messages may be sent in response to your interactions.
5. Charges and Carrier Conditions
Message and data rates may apply. Except where reimbursement is required by law or Company policy, you are responsible for charges imposed by your wireless carrier.
Message delivery depends on your carrier and is outside our complete control. Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. AC Pro, its service providers and the mobile carriers are not liable for delayed, failed, incomplete, misdirected, or undelivered messages.
6. How to Revoke Marketing Consent
You may revoke consent to marketing text messages at any time and through any reasonable means.
You may reply to our text message using the following keywords to cancel:
STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE.
You may also contact us through the following contacts to cancel:
Email: [email protected]
Telephone number: 800-800-4121
We will process revocation requests as soon as practicable and within the period required by law.
We may send one final, non-promotional message to confirm that your request has been processed.
You agree that the keywords STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT are the reasonable means through which to cancel or unsubscribe. You acknowledge that our text message platform may not recognize and respond to requests to unsubscribe that do not include these keywords and agree that AC Pro and its service providers will have no liability for failing to honor such requests.
If you unsubscribe from one of our text message programs, you may continue to receive text messages from AC Pro through any other programs you have enrolled in until you separately unsubscribe from those programs. When an opt-out request is ambiguous as to which programs it covers, we may send one non-promotional message seeking clarification. Until clarified, we may treat the opt-out as one for the Marketing Program only, and continue to send transactional, administrative, MFA, and other security text messages.
10. Disabling MFA or Security Messages
Do not rely solely on replying STOP to an MFA code if doing so would leave your account without a functioning authentication method. Contact [email protected] or call 800-800-4121 to stop receiving MFA or security messages by SMS:
Employees and contractors must contact support at [email protected] before disabling a required authentication method.
16. Program Availability and Changes
We may modify, suspend, or discontinue a text-messaging program, sending number, short code, sender ID, frequency, or supported carrier.
We may prospectively revise these SMS Terms by posting updated terms or providing another appropriate notice.
A change to these SMS Terms does not, by itself, expand an existing marketing consent where new consent is required by law.
17. Prohibited Conduct
You may not:
- enroll a telephone number without authorization;
- impersonate another person;
- attempt to obtain another person’s authentication code;
- use automated means to generate excessive messages;
- interfere with authentication or message delivery;
- use a text-messaging program to gain unauthorized access; or
- otherwise use a program unlawfully.
We may suspend access when we reasonably believe these SMS Terms have been violated.
12. Telephone-Number Ownership and Changes
By enrolling in any of our text messaging programs, you represent that:
- the telephone number you provide is accurate;
- you are the subscriber or customary user of that number;
- you are authorized to consent to messages at that number; and
- you will notify us promptly if the number is changed, surrendered, disconnected, deactivated, or transferred.
You may update or remove your telephone number through by contacting [email protected] or calling us at 800-800-4121.
If we reasonably believe a telephone number has been reassigned or is no longer associated with you, we may suspend messages without notice.
13. Do-Not-Call and Suppression Compliance
We maintain internal suppression records for marketing opt-outs.
Where applicable, we also screen or administer marketing campaigns in accordance with federal and state do-not-call requirements.
Consent to marketing messages does not waive a restriction that applicable law does not permit you to waive.
14. Privacy
Our collection, use, disclosure, and retention of text-messaging information are described in our SMS Privacy Policy at Privacy Policy — Text Messaging and Mobile Communications.
19. Dispute Resolution
WITH THE PRIOR AGREEMENT OF AC PRO, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING ANY OF THE SMS PROGRAMS OFFERED BY AC PRO SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN SAN BERNARDINO, CALIFORNIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
You agree that these SMS Terms are governed by the laws of the State of California and you consent to the exclusive jurisdiction of any dispute resolution organizations in San Bernardino County, California, USA.
20. Help
For assistance, reply HELP or contact us at [email protected] or 800-800-4121.
4929-0186-8733, v. 1
Trademarks
The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of AC Pro and others. Nothing on this 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 prior written permission of the Trademark owner. AC Pro aggressively enforces its intellectual property rights to the fullest extent of the law. The name of AC Pro, the AC Pro logo or the other AC Pro formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from AC Pro. AC Pro prohibits use of the AC Pro logo as part of a link to or from any site unless establishment of such a link is approved in advance by AC Pro in writing. Fair use of AC Pro’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Product Orders
While we will use our best efforts to fulfill all orders, AC Pro cannot guarantee the availability of any particular product displayed on this Site. AC Pro reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. AC Pro reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Payment and Credit Terms
AC Pro accepts cash, checks, money orders, Visa, MasterCard, and American Express. For Homeowner and Contractor Customers who wish to pay with credit, please read our Consumer Credit and Commercial Credit pages carefully (http://www.acpro.com/financing-rebates). Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions identified in the Export section below. Customer agrees to inform AC Pro immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party. All payments must be made in U.S. dollars. AC Pro has the right of set-off and deduction for any sums owed by the Customer to AC Pro. Payment terms may vary from customer to customer.
If the Customer fails to make payment within thirty (30) days of shipment or pick-up or fails to supply adequate assurance of full performance to AC Pro within a reasonable time after requested by AC Pro (such time as specified in AC Pro's request), AC Pro may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. If Customer fails to comply with these payment terms, AC Pro may, at its sole discretion, and without notice, immediately terminate any agreements it has with Customer. Upon such termination all amounts owed by Customer to AC Pro shall become immediately due and payable.
Customer hereby unconditionally guarantees payment as a primary obligor of, as provided herein, all purchases made by Customer, its subsidiaries and affiliates. Each of Customer’s subsidiaries and affiliates purchasing from AC Pro are jointly and severally liable for all purchases made by Customer and its subsidiaries, and Customer is also acting as agent for such subsidiaries and affiliates. Customer further agrees to defend, indemnify and hold harmless AC Pro from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to disgorge or recover payments to AC Pro made on behalf of Customer by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
For further information about purchasing products from AC Pro, please read our Terms: Orders and Return Policy carefully.
FREIGHT POLICY
Prices stated are F.O.B. origin, freight prepaid to destination specified in the order. AC Pro charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on Customer's invoice. Receipts for shipping and handling charges will not be furnished. COD shipments are only permitted for will call orders. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, less than truckload (LTL) shipments, air freight, freight collect, export orders, hazardous materials, Customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by Customer. Fuel surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer's only recourse is to file a claim with the carrier.
Product Substitution
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published on the website.
Material Safety Data Sheets
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. AC PRO MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. Send SDS requests to Material Supply, Inc., dba AC Pro, 11700 Industry Ave., Fontana, CA 92337 or call 1-866-97-ACPRO.
California Proposition 65
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov. Applicable Proposition 65 warning(s), (see below) are provided directly upon product purchase.
Warning: This product contains a chemical known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
Purchasers of Products used with or for Potable Water
The federal Safe Drinking Water Act (42 U.S.C. 300g-6) and regulations in CA, LA, MD, and VT prohibit plumbing products (including but not limited to pipes, pipe fittings, solder, flux, plumbing fitting, etc.) used to convey water for human consumption that are not “lead free” as defined by the regulations. In order to determine your particular state’s standards applicable to the products you purchase for use in or for potable water applications, direct your inquiries to the appropriate regulatory agency in your state. In order to determine the federal standards applicable to the products you purchase for use in or for potable water applications, visit http://water.epa.gov/drink/info/lead/index.cfm.
Refrigerant Customers
In accordance with the Clean Air Act of 1990, as amended, sale of Class 1 (“CFC”) and Class 2 (“HCFC”) refrigerant will be restricted to resale purchases and/or to certified professional service technicians. To purchase regulated refrigerant products, all Customers must present a certification card or sign a statement of resale to complete the purchase.
ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF AC PRO PRODUCTS
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS SET FORTH ABOVE, EXPORT SALES OF AC PRO PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF AC PRO PRODUCTS (“ADDITIONAL EXPORT TERMS”). IN THE EVENT OF A CONFLICT BETWEEN AC PRO’S STANDARD TERMS AND CONDITIONS ABOVE AND THE ADDITIONAL EXPORT TERMS IN THIS SECTION, THE ADDITIONAL TERMS IN THIS SECTION SHALL PREVAIL FOR EXPORT SALES OF AC PRO PRODUCTS.
Order Acceptance
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by AC PRO, at a continental U.S. facility or at its website. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the U.S. and of the State of California.
AC Pro branded products Resale Policy
AC Pro requires that its products be sold in compliance with the following Resale Policy. As a customer, you agree to the following:
- You agree to only sell AC Pro branded product to licensed contractors, whose license is active and has been verified.
- You agree not to resell AC Pro branded product to other businesses or entities that sell to the general public.
- You agree not to sell AC Pro branded product on any third party facilitated site, such as Amazon.com, eBay, etc.
Sales Tax and Duties, Import Fees
AC Pro is required to charge U.S. federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, Customer shall indicate which products are tax exempt.
Shipping Charges and Freight Policy
All AC Pro export orders are shipped under INCOTERMS® 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, default shipping term is FCA AC Pro shipping location, excluding export customs clearance. Freight is prepaid to U.S. airport or port of exit for single shipment orders of U.S. $1,500 or more of product (before tax and freight) using routing of AC Pro’s choice. Other shipments are freight collect from any AC Pro facility. Customer shall be responsible for obtaining insurance. At AC Pro’s option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Customer’s exclusive remedy. Title and risk of loss for products shall transfer at the delivery point as determined by the applicable INCOTERMS being utilized for the export sale.
Export Controls and Related Regulations
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations (“EAR”) administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
Foreign Principal Party in Interest; Freight Forwarder and Documentation
It is specifically agreed that Customer shall be the foreign principal party in interest (“FPPI”) and/or that its freight forwarder shall act as Customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and Customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At AC Pro’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to Customer by AC Pro. In the event a license is required for export from the U.S., then (i) AC Pro reserves the right to select its own freight forwarder to facilitate and file the export license; or (ii) the FPPI will provide AC Pro written notice that it expressly assumes responsibility for determining licensing requirements and obtaining the license, thereby making the U.S. agent of the FPPI the exporter of record for purposes of meeting EAR requirements.
Anti-Corruption
Customer is aware that AC Pro’s business practices prohibit bribery and corrupt behavior in any form. Customer agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) and laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Customer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any public sector or government official for the purpose of influencing any act or decision in connection with the purchase, transportation, customs clearance and/or resale of the products ordered from AC Pro. Customer shall not pay a gratuity, bribe or inducement to any public sector or government official, even if it appears customary or consistent with prevailing business practices.
Dispute Resolution
Actions by AC Pro for non-payment by Customer of the purchase price of products sold by AC Pro, or for redress of other breaches by Customer of these terms and conditions may be brought by AC Pro, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At AC Pro’s option, disputes between Customer and AC Pro, including all claims for non-performance by AC Pro, shall be finally settled by arbitration in San Bernardino county, California, U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of California, U.S. The language of the arbitration shall be English.
Country of Importation and Anti-diversion
Customer represents that it is purchasing products from the U.S. and importing them to the country for the use of the ultimate consignee specified in the Customer and AC Pro documentation. Customer agrees that the products will not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by AC Pro, Customer shall provide documentation satisfactory to AC Pro verifying delivery at the designated country, the identity of end users ordering products from Customer and the terms and conditions upon which such end users request products to be supplied. Customer further agrees to inform AC Pro at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but AC Pro shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless AC Pro expressly agrees to do so.
Permits, Export, and Import Licenses
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation. When the Customer is designated as the U.S. Principal Party of Interest, the Customer shall be responsible for obtaining licenses under the EAR, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations. If the Customer is the FPPI, then the terms contained in subsection 6 of this Section III shall apply.
Governing Law; Limitations
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Illinois, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.
Links to Third Party Sites
This Site may contain links to sites owned or operated by parties other than AC Pro. Such links are provided for your reference only. AC Pro does not control outside sites and is not responsible for their content. AC Pro's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does AC Pro's inclusion of the links imply that AC Pro is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
NO WARRANTIES; EXCLUSION OF LIABILITY
AC PRO MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AC PRO SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. AC PRO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER AC PRO, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, AC PRO shall not be liable for any damages resulting from the use of this Site or the materials in this Site unless such damages are the result of our negligent or reckless acts or omissions.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please call us at 1-866-97-ACPRO, fax us at (951) 685-2400, log on to https://store.acpro.com/contact, or write us at:
Material Supply, Inc. dba AC Pro
Attention: Marketing & Commerce
11700 Industry Ave.
Fontana, CA 92337
Although AC PRO will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), AC PRO does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Uploaded Content
By submitting any content to AC PRO (including photos), via this Site or otherwise, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you; and
- use of the content you supply does not violate this agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold AC PRO (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant AC PRO and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at AC PRO’s sole discretion. AC PRO reserves the right to change, condense or delete any content on this Site that AC PRO deems, in its sole discretion, to violate this agreement. AC PRO does not guarantee that you will have any recourse through AC PRO to edit or delete any content you have submitted. You acknowledge that you, not AC PRO, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of AC PRO, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
General
You agree that this agreement and your use of this Site are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Bernardino County, California, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. AC Pro has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
WITH THE PRIOR AGREEMENT OF AC PRO, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN SAN BERNARDINO, CALIFORNIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
You agree that AC Pro may at any time and without notice change the terms, conditions and notices under which this Site is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and AC Pro as a result of this agreement or your use of this Site.
AC Pro's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of AC Pro's right to comply with law enforcement requests or requirements relating to your use of this App or information provided to or gathered by AC Pro with respect to such use.
This agreement, the privacy and security statement, and terms of sale constitute the entire agreement between you and AC Pro with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AC Pro with respect to this Site. No modification of this agreement shall be effective unless it is authored by AC Pro or its affiliates, or unless it is physically signed in blue ink by a AC Pro officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by AC PRO in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by AC Pro in printed form.
AC Pro also may make employment information available through this Site. AC Pro is an equal opportunity employer. AC Pro provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. AC Pro's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF AC PRO OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
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