Terms and Conditions
Last Updated: May 27, 2021
Welcome to the Propagation Front website (the “Site”), which is owned and operated by Propagation Front LLC (“Propagation Front,” “we,” “us” or “or”). The following are the Terms of Service (“Terms”) that govern your use of the Site and purchase of Propagation Front’s products and related services (collectively, the “Service”).
Accepting these Terms
We provide access to the Site and Service subject to these Terms. Please read all of the Terms before you use the Site. If these Terms do not make sense to you, please let us know. If you don’t agree to all of the Terms, you may not use the Site. These Terms create a binding legal agreement between you and Propagation Front, with the same legal effect and force as a written and signed document.
Changes to these Terms
We may change these Terms from time to time. Any changes we make to these Terms will be effective when we post them on our website or otherwise distribute them to you. Your access to or use of the Site after we have changed these Terms will constitute your acceptance and agreement to the changes made to these Terms.
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Product Information; Changes to the Site or Service
We endeavor to display our products and their appearance as accurately as possible. However, the displayed attributes of these products depend upon the monitor of the user, and we cannot guarantee that your monitor will accurately depict the actual attributes of the products. Propagation Front is not responsible for typographical errors regarding price, availability or any other matter. Products displayed may be out of stock or discontinued, and prices are subject to change. Propagation Front does not warrant the accuracy of any customer or third-party ratings, comments or feedback on the Service.
We reserve the right, at any time in our sole discretion, to (a) modify, suspend or discontinue the Site or any Service offered through the Site, with or without notice; (b) charge fees in connection with the use of the Site; (c) modify and/or waive any fees charged in connection with the Site; and/or (d) offer promotions and/or opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any Service.
Restrictions on Use
You agree not to: (a) disassemble, decompile or reverse engineer any of the software components of the Site or Service; (b) copy, frame or mirror any part of the Site or Service; (c) attempt to interfere with or disrupt the integrity or performance of the Site (or succeed in such attempt); (d) attempt to gain unauthorized access to the Site, or to probe, scan or test the vulnerability of the Site or to breach security or authentication measures without proper authorization (or succeed in such attempt); (e) remove, alter or obscure any copyright, trademark or other proprietary notice on the Site; or (f) use the Site or Service for any unintended, improper or illegal purpose or to harass, abuse, stalk, threaten, defame or infringe the rights of any other person or party. Any violation of these Terms can result in termination by us of your license and right to use the Site and Service and any accounts created in connection with the Site, as well as possible legal action.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Creating an Account with Propagation Front
The Service may permit you to create an account. You agree to maintain the security of your user ID and password and accept all risk that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being viewed or obtained by a third party. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent, warrant and agree that all information that you provide in connection with your account is and will be accurate, truthful, current and complete. We reserve the right to terminate, disable or suspend any account at any time in its sole and absolute discretion.
Right to Access
You are not permitted to access the Site or Service unless you are at least 13 years old (or any higher minimum age in the jurisdiction where you reside), unless your parent has consented in accordance with applicable law. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR MINOR’S USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SITE.
All applicable prices are set forth alongside the products offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Propagation Front may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar goods obtained through the Site, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Site or the fees applied to you for the Service.
It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
Propagation Front’s Rights
As between you and Propagation Front, the Service and all information, materials and content included in, on or with the Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content (collectively, “Content”) is exclusively owned by Propagation Front or is used with permission.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.
Links to Third Parties
Any suggestions, comments or other feedback you give us about the Site or Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Relationship with Propagation Front
Your use of the Site and Service does not create any other type of relationship between you and Propagation Front, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Propagation Front to you or any other user except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of Propagation Front.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS-IS” OR “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL PROPAGATION FRONT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (b) THE AGGREGATE LIABILITY OF PROPAGATION FRONT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF PROPAGATION FRONT’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE EXCEED ANY AMOUNTS PAID BY YOU TO PROPAGATION FRONT’S FOR THE SERVICE.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you. You shall not settle or compromise any claim under this section that results in liability or admission of any liability by Propagation Front without our prior written consent. Your indemnification obligation will survive the termination of these Terms.
Changes to the Service
Propagation Front reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Site, the Service or any features, information, materials or content on the Service with or without providing notice to you. Propagation Front will not be liable to you or any third party for any changes or discontinuance of the Site, the Service or any part of the Service.
Service Availability over the Internet
Use of the Services requires a device with an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Propagation Front cannot take responsibility for the Service not being available if you do not have access to Wi-Fi or data. If you are using the Service outside of an area with Wi-Fi, your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Service, or other third party charges. In using the Service, you accept responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Service, please be aware that we assume that you have received permission from the bill payer to use the Service.
Protecting Your Account and Devices
Propagation Front makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Propagation Front is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PROPAGATION FRONT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PROPAGATION FRONT.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Propagation Front agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of sixty (60) days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Philadelphia, Pennsylvania. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Propagation Front are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Propagation Front intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Philadelphia, Pennsylvania. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
We shall not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
We may assign or otherwise transfer any or all of our rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void. Enforcement of these Terms is solely at our discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email to firstname.lastname@example.org or by personal delivery, overnight courier, or registered or certified mail to: 311 Reillywood Avenue, Attention: Daniel Moramarco.