Legal Policies

• Terms and Conditions of Sale
• Online Acceptable Use Policy
• Privacy Policy
• Mobile/SMS Terms and Conditions and Privacy Policy
• Limited License to Use Proprietary Assets Agreement
• Transparency In Coverage Machine Readable Files

TERMS AND CONDITIONS OF SALE

Last Updated: This material was last updated: January 29, 2019

Since 1949, Forestry Suppliers has been serving the needs of outdoor professionals. If you are not satisfied with any purchase from FSI, please contact us to discuss the situation, including the possibility of returning the item(s) to us in good, re-saleable condition for a prompt exchange or refund. Videos, CDs, DVDs, and software are excluded. Custom orders are not returnable, unless the order problem is our error.

Please note that the vast majority of Hazmat items fall under carrier policies that prohibit return shipment. For details about your particular Hazmat return and for specific instructions, please contact our Customer Service department.

It is your responsibility to review these Terms and Conditions of Sale and any other documents or policies referenced herein. If you find these Terms and Conditions of Sale unacceptable or if you do not agree to these Terms and Conditions of Sale, do not place an Order with Forestry Suppliers or its wholesale division, PECO Sales.

The following Terms and Conditions of Sale are attached to, and form a material part of, the order (regardless whether said order is made online, in person, by phone, by mail, or by fax, collectively referred to herein as an "Order") to which it is affixed or incorporated by reference, as the case may be (the "Agreement"). These terms apply to the sale of products and/or services and support ordered under this Agreement ("Product") by You, the customer, from Forestry Suppliers, Inc. a Mississippi corporation, or its wholesale divisions, PECO Sales, both having a mailing address of 205 West Rankin Street, Jackson, Mississippi 39201 ("FSI") named on this Order. By signing or agreeing to (as the case may be) an Order for the Product, You accept and are bound to the terms and conditions of this Agreement.

1. Other Documents
   This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by You and FSI. Any provisions in Your invoices, statements, acknowledgment forms or other documents that are inconsistent with the provisions of an Order shall be of no force or effect.


2. Prices; Payment Terms
   FSI will invoice You in accordance with the prices stated in the Order. Unless otherwise specified, the prices are reflected in U.S. Dollars and include all taxes including state or local sales or use tax or similar taxes which FSI is required by law to collect from You. Invoices are due and payable thirty (30) days from the date set forth on the invoice, unless otherwise specifically provided on the Order. You may not set off and deduct against any such sums all present and future indebtedness of FSI to You, if any. For Mississippi residents only: FSI is required to collect sales tax on certain orders shipped to Mississippi addresses. If Your order is being shipped to a Mississippi address that is tax exempt, You are required to include Your tax-exempt number and a copy of Your tax exemption certificate.


3. Local Safety Standards and Regulations
   Products sold by FSI are designed to meet stated safety standards and regulations of the United States of America. Because local safety standards and regulations vary significantly, you acknowledge and agree that FSI cannot and does not guarantee that our products meet all applicable requirements in each locality. You assume all responsibility for compliance with all local safety standards and regulations in the purchaser's localities in which the Products will be shipped, sold, and/or used. Before purchase and/or use of a Product, You are directed to review the Product application, and national and local rules and regulations to ensure that the Product, installation, and Your use will comply with them.


4. Delivery
   FSI will ship the Product to the address or location You specify and the Product will be shipped pursuant to the instructions set forth on the Order.


5. Acceptance
   An Order is deemed accepted by You if not rejected to FSI's Sales or Customer Service departments via electronic mail or by phone at 800-752-8460 within five (5) days of the Order's date. Customers may change or modify an Order, which changes may incur additional charges, at any time prior to the shipment of the Order.


6. Title; Risk of Loss
   Except for those Products shipped directly from the manufacturer, which are shipped F.O.B. manufacturer's point of shipment, all Products will be shipped to You F.O.B. FSI's place of business at 205 West Rankin Street, Jackson, Mississippi 39201 USA. Title and risk of loss to Products passes from FSI to You upon FSI's tender, or, if applicable the manufacturer's tender, of the Product to shipping carrier responsible for delivering the Product to You.


7. Hazardous Substance Notices
   For any Products that contain hazardous materials or substances, the following shall apply:


1. Products containing hazardous materials or substances, or that are otherwise considered hazardous for shipping often fall under carrier policies that prohibit return shipment, or may require special packaging, handling, and additional shipping charges. Please contact FSI at 800-752-8460 to coordinate the specific details for Your order.


2. You acknowledge and agree that FSI is not a manufacturer of Products containing hazardous materials or substances. Any such Products containing hazardous materials or substances shall be sold and delivered to you subject to applicable manufacturer warnings and appropriate material safety data sheets in accordance with applicable laws.


3. Please be advised that Material Safety Data Sheets (MSDS) are NOT enclosed with all orders that require an MSDS under the Hazard Communication Standard (1910.1200). If You would like a Material Safety Data Sheet before You order, You can request a MSDS by contacting our Customer Service department by calling 800-752-8460 or emailing them. The information and recommendations contained on the MSDS supplied by the manufacturer are generally considered to be accurate and reliable. However, be advised that FSI makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Further, FSI disclaims any and all liability to any user thereof.


4. MSDS for Products containing OSHA defined hazardous substances are available on our Site or upon request by contacting our Sales Department at 1-800-647-5368 or by contacting us by email. Provided, however, that if a Product is no longer sold by FSI, then the MSDS associated with the discontinued Product shall no longer be available.


8. Warranties
   FSI warrants that the Products are new. Except for the foregoing, FSI makes no express warranties or implied warranties including, but not limited to, merchantability and fitness for a particular purpose and You acknowledge and agree that the Products are being purchased 'as is' 'where is'.


9. Right to Cancel
   FSI may without notice cancel, terminate and/or rescind all or part of an Order in the event of Your breach or if You fail to perform any of Your obligations in any material respect, or in the event You become insolvent or proceedings are instituted by or against You under any provisions of any federal or state bankruptcy or insolvency laws or You cease Your operations. Time is of the essence to each Order. The remedies herein are cumulative and are in addition to any other remedies provided at law or equity. Neither party shall be liable to the other for any delay or failure due to war, acts of terror, riots, embargoes, accidents, fires or acts of God which are beyond the party's reasonable control; provided however if any such event extends for more than ten (10) days the other party may cancel this Agreement with further liability to the other.


10. Limitation of Liability
    In no event shall FSI's liability to You exceed the actual purchase price for the Product(s) giving rise to any such liability. Further, and without limiting the foregoing, in no event shall FSI be liable to You for any form of consequential, punitive, special, incidental or similar type damages, even if You advised FSI of the likelihood of any such damages.


11. Indemnification of FSI
    You agree to reimburse, indemnify, hold harmless, save and defend at Your sole cost and expense, FSI, together with its affiliates and its and their respective employees, officers, directors, advisors, contractors, agents, and suppliers from and against all damages, losses, expenses (including all attorneys' fees), claims, liabilities, and penalties, including without limitation, claims of infringement of patents, copyrights, trademarks, unfair composition, bodily injury, property or other damage, arising out of any use of the Products. You shall not be relieved of the foregoing indemnity and related obligations by allegations or any claim of negligence on the part of FSI; provided, however, You shall not remain or be liable hereunder to the extent any injury or damage is finally judicially determined to have been proximately caused by the sole negligence of FSI. You will maintain adequate insurance to cover any such potential liability under each Order.


12. Compliance with Laws
    You agree to comply with all applicable laws and regulations of the various states and of the United States of America, without regard to the locality where Your purchase originates, even if outside the United States of America.


13. Governing Law; Venue
    The parties agree that this Agreement shall be governed by the laws of the State of Mississippi, United States of America, without regard to its conflicts of laws rules. The provisions of the Uniform Commercial Code as adopted by the State of Mississippi, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. The parties hereby irrevocably consent to the sole and exclusive personal and subject matter jurisdiction of and venue in the United States district court for the Southern District of Mississippi, in Jackson, Mississippi, or if federal subject matter jurisdiction does not exist, then in the courts of the State of Mississippi, located in Rankin County. You hereby waive any right to a trial before a jury.


14. Arbitration
    
    1. Informal Dispute Resolution: We have found that most Customer concerns can be resolved quickly and to Your satisfaction by contacting our Customer Service team. You and FSI agree to try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved informally, You agree to notify us of the dispute by sending a written description of Your claim so that we can attempt to resolve it with You. If we do not satisfactorily resolve Your claim within 30 calendar days of receiving notice of it, then You may pursue the claim in arbitration. Neither You nor we may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this section.
    
    
    2. Arbitration Procedures: You and FSI agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. Notwithstanding anything to the contrary contained in this Agreement, You acknowledge and agree, as a material inducement for FSI to sell you the Products, that actions by FSI for nonpayment by You of the purchase price of Products sold by FSI or for redress of other breaches by You of this Agreement may be brought by FSI, at its option, before any judicial court of competent jurisdiction pursuant to the "Governing Law; Venue" Section above.
       
       At FSI's sole option, disputes between You and FSI, including all claims for non-performance by FSI, shall be finally settled by arbitration in Rankin County, Mississippi, United States of America under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying this Agreement and consistent provisions of the internal laws (except conflict of law rules) of the State of Mississippi, United States of America.
       
       To initiate arbitration, You must send us a letter requesting arbitration and describing Your claims. You must also comply with the AAA's rules regarding initiation of arbitration, including payment of all filing fees. Each party shall be responsible for its own costs and expenses including attorneys' fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Agreement or applicable law.
       
       You and FSI agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys' fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond You and Your dealings with us.
    
    
    3. Class Action Waiver: You and FSI agree that all claims or disputes between You and FSI will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If You or we bring a claim in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither You nor we may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by You or us. Notwithstanding the foregoing, this arbitration agreement shall not prohibit You or us from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of You or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this section will not apply to any claim or dispute between You and us. This class action waiver may not be severed from our arbitration agreement.
    
    
15. Force Majeure
    FSI shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, strikes, insurrections, war risks, shortages, inability to procure or ship the Product or any other circumstances or causes beyond the actual control of FSI in the conduct of its business.


16. Grant of Security Interest
    For sales on an open account, You hereby grant to FSI a first priority lien, purchase money security interest and/or chattel mortgage in the Products and any accounts receivable or cash from resale thereof until FSI has been paid in full. Further, upon written direction from FSI, You agree to file at Your sole cost and expense any financing statements or other appropriate document with the appropriate governmental entity(ies) to ensure the validity, priority, and enforceability of the lien. In addition to the foregoing, and without limitation, You agree to immediately inform FSI if a) You intend to use any import financing, b) have granted a lien or security interest on inventory to any third party, or c) will be granting a lien or security interest on inventory to any third party.


17. Wholesale Orders (PECO Sales Division)
    The provisions of this Section are only applicable for sales of Products from our wholesale division directly to business purchasers (each, a Dealer ).
    
    ANY AND ALL PUBLISHED WHOLESALE PRICES herein are subject to change without notice.
    
    Dealer Policy: PECO Sales is the wholesale division of FSI, serving dealers only. A completed and signed Dealer Application must be submitted for all new accounts. PECO Sales reserves the right to refuse open charge account privileges should a signed Dealer Application not be submitted or fail to pass our evaluation.
    
    Order Acceptance: All orders are subject to acceptance by PECO Sales at its principal office address set forth in the heading above.
    
    Minimum Order: PECO Sales does not require a minimum order.
    
    Shipping: Free freight on orders of US$1,000.00 or more to dealers. This applies to single destination shipments only within the continental United States. It does not apply to air or other express shipments. Certain items are excluded.
    
    Payment Terms: Net 30 days from date of invoice for established open charge accounts. We accept COD and prepaid orders, or You can use Your Visa, MasterCard, American Express or Discover charge card.
    
    Taxes: All taxes of any nature in connection with a sale are the responsibility of the Dealer.
    
    Returned Products: Products may be returned only after receiving authorization from PECO Sales. Products returned without authorization may be refused or returned at Dealer's expense. Authorized returns must be in new and sellable condition in original manufacturer's packaging. The Product must be of current design and finish. Returns will not be allowed for discontinued or obsolete items. Returned Products are subject to a 15% restocking charge unless the merchandise was shipped in error by PECO Sales, or if the Products were defective upon receipt from PECO Sales. Special-ordered, non-inventory Products may not be returned. All returned Products will be inspected by PECO Sales before credit is issued. Shipping charges for returned Products must be prepaid by You. Products may not be returned after 60 days from the date of invoice. Proof of purchase must be obtained on all items to be returned. Credit will be issued at the actual cost paid as shown on the proof of purchase. The 15% restocking charge will be deducted from the credit, if applicable.
    
    Damaged Shipments: Shipments are F.O.B. factory or shipping point. PECO Sales is not responsible for damaged or lost Products after they are delivered to or picked up by the carrier. Before accepting any shipment from a carrier, the Dealer should inspect it for external/internal damage, and report any damage to the carrier's agent. Follow the carrier's instructions. Then, report any damage to PECO Sales. We will work with You to resolve the problem. Do not return damaged Products without authorization from PECO Sales.
    
    Errors and Omissions: We make every effort to assure Your order is processed and shipped correctly. However, errors are occasionally made. Open and inspect Your shipment immediately upon receipt. If a discrepancy is found, follow the instructions given on the back of PECO's packing list, which is included with each shipment. Any discrepancy in the shipment must be reported to PECO Sales within seven (7) days after receipt.
    
    Warranty Limitation: PECO Sales shall make available to the Dealer any warranty of new items supplied by the manufacturer. No other warranties of any item are expressed or implied, nor is any other warranty of merchantability or fitness for a particular purpose. PECO Sales neither assumes nor authorizes any person to assume for the company any other obligation of liability whatsoever in connection with the sale of products.
    
    Security Interest Agreement: For approved PECO Sales Dealers, Dealer grants and PECO Sales retains a security interest in all merchandise and inventory (and proceeds therefrom) sold by PECO Sales to Dealer to serve as collateral for all debts and obligations due from Dealer to PECO Sales. Said collateral, unless sold in the regular course of business, shall be held by Dealer at the shipping address given in their Dealer Application Form. In the event Dealer defaults in any way, including but not limited to failure to make payments, or if PECO Sales shall reasonably feel itself insecure, the entire balance owing from Dealer to PECO Sales shall, at PECO Sales' election, become immediately due and payable without notice. In the event of default, Dealer agrees to pay all costs of collection incurred, including but not limited to a reasonable attorney's fee. Dealer shall execute, from time to time, such documents as PECO Sales requests to protect PECO Sales' security interest herein granted. It is agreed that the completed Dealer Application Form, or a copy, may be filed as a financing statement.
    
    Copying Prohibited: Nothing herein shall be interpreted as granting Dealer a license to copy or reproduce FSI's or PECO Sales' print or online product catalogs or other marketing materials. Any copying, reproduction, publication, or other use of the pictures, text, format, or arrangement of such catalogs (Assets) without the prior written consent of FSI is strictly prohibited. For any Assets provided by FSI to a current, approved PECO Sales Dealer, FSI grants only limited reproduction rights, as detailed in FSI's Limited License to Use Proprietary Assets Agreement.


18. International Orders
    For International orders whose Products will ship to an address outside the United States, the following additional terms and conditions shall apply:
    1. ANY AND ALL PRICES are subject to change without notice. All oral and written communications with respect to this Agreement shall be conducted in the English language.
    
    
    2. Acceptance & Payment: It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by FSI in a continental United States facility. You further consent that submission of Your Order shall subject You to the personal and subject matter jurisdiction of the United States district court for the Southern District of Mississippi, in Jackson, Mississippi. All prices are listed in United States Dollars. Unless specified otherwise in writing, payment in advance is required, preferably via wire transfer.
    
    
    3. Freight Policy: Freight is F.O.B. FSI's place of business at 205 West Rankin Street, Jackson, Mississippi 39201 USA and is prepaid and added to invoices on all orders. At FSI's sole option, freight policy for export orders may be subject to additional special terms and conditions. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid as Your exclusive remedy. Title and risk of loss shall pass to You on delivery to the common carrier or vessel in the United States.
    
    
    4. Country of Importation: You represent and warrant to FSI, as a material inducement to FSI for selling the Product, that You are purchasing the Products for the purpose of exporting them from the United States and importing them to the country specified in Your Purchase order. You acknowledge and agree that the Products shall be shipped to that destination in compliance with the laws of such country, and that there will be no re-export or diversion. If requested by FSI, You shall provide documentation satisfactory to FSI verifying delivery at the designated port of entry.
    
    
    5. Export and Import Licenses; Permits and Freight Forwarder: Unless expressly agreed otherwise, You shall be solely responsible (and at Your sole cost and expense) for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the Products into the designated country of importation, and You shall comply with all laws and regulations thereof. You shall select and pay the freight forwarder who shall solely be Your agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon FSI, unless expressly agreed to in writing by an authorized officer of FSI.
    
    
19. Miscellaneous
    These Terms and Conditions of Sale may be updated at any time, and from time to time, by FSI without prior notice. You understand, acknowledge and agree that FSI and You are independent contractors and that You are not authorized to and shall not make any representations on behalf of which are binding upon FSI. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. You may not assign this Order or any rights or obligations herein nor delegate the performance of any of Your duties without FSI's prior written consent.
    
    You represent and warrant to FSI that You are authorized, directed and empowered, on behalf of Your company, to make and enter into this Agreement.
    
    If any provision of these Terms and Conditions shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
    
    This Agreement, together with all other documents attached hereto or referenced herein, constitutes the entire agreement between the Parties with respect to the transactions contemplated hereby and supersedes and is in full substitution for any and all prior agreements and understandings between the Parties relating to such transactions.


20. Mobile/SMS Terms and Conditions and Privacy Policy
    The Mobile/SMS Terms and Conditions and Privacy Policy (“Mobile Terms”) are incorporated herein and made a material part of this Agreement. To the extent of any inconsistency between this Agreement and the Mobile Terms, the Mobile Terms will control, but only to the extent of any such inconsistency.

ONLINE ACCEPTABLE USE POLICY

Last Updated: This material was last updated: January 29, 2019

Forestry Suppliers' Contact Info
FSI can be contacted by the following methods:

Phone: 601-354-3565 or 800-752-8460
Fax: 601-292-0165
Email: cs@forestry-suppliers.com
Address: Forestry Suppliers, Inc., 205 W. Rankin St., Jackson, Mississippi 39201, USA

1. About This Policy
   This notice describes the conditions of acceptable use of this website of Forestry Suppliers, Inc. ("FSI") and its subsidiaries, divisions, affiliates, and brands (collectively "We"). This website includes certain other affiliated sites of FSI, collectively the "Sites,"" together with any future mobile applications ("Applications,"" should they be developed).


2. Reference to Additional Policies
   FSI respects the privacy of the users of our Sites, Applications, and purchasers of our products and/or services and support (collectively, the "Product") ordered pursuant to the Terms and Conditions of Sale. As such, You are asked to please take a moment to review the FSI Privacy Policy and Terms and Conditions of Sale. These policies contain additional details about Your personal information, how it is used, and placing an order for Product from FSI.


3. Your Responsibility
   It is Your responsibility to periodically review this Online Acceptable Use Policy. If at any time You find these terms unacceptable or if You do not agree to these terms, please do not use our Sites or any related Applications.
   
   By using the Sites, You acknowledge that You have read, understand, and agree to be bound by this Online Acceptable Use Policy. FSI reserves the right, at its sole discretion, to make changes or updates to this Online Acceptable Use Policy at any time without further notice. If any changes or updates are made, FSI will post a revised version of this Online Acceptable Use Policy on its website. Your continued use of the Sites after any such changes or updates constitutes Your acceptance of the new Online Acceptable Use Policy. If You do not agree to abide by this or any future Online Acceptable Use Policy, please do not use or access the Sites. If using the Sites for a corporate purpose, You confirm You have the authority to bind Your company to the terms and conditions in this Online Acceptable Use Policy.
   
   You agree that the information You supply during the registration process will be accurate and complete and that You will not register under the name of, nor attempt to use the Sites under the name of, another person. You are responsible for preserving the confidentiality of Your password and will notify us of any known or suspected unauthorized use of Your account.
   
   Visitors Outside the United States: Accessing materials on our Sites by certain persons in certain countries may not be lawful, and FSI makes no representation that materials on our Sites are appropriate or available for use in locations outside the United States. If You choose to access this Site from outside the United States, You do so at Your own risk and initiative, and are responsible for compliance with any applicable local laws.


4. Customers Needing Extra Assistance
   FSI aims and takes steps to provide full access to our Sites and Products regardless of any personal disability or location. If You are unable to read any part of the FSI Sites, or otherwise have difficulties using our Sites, please call 800-647-5368 so that our Sales team can assist You.


5. Representations and Limitations of Liability
   Our Sites are provided on an "as is, as available" basis. FSI makes no representations about the reliability of the features of our Sites or any Applications, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at Your own risk. FSI makes no representations regarding the amount of time that any content or user content will be preserved. In no event shall FSI's liability to You exceed the actual purchase price for the Product(s) giving rise to any such liability, if any. Without limiting the foregoing, in no event shall FSI be liable to You for any form of consequential, punitive, special, incidental or similar type damages, even if You advised FSI of the likelihood of any such damages.


6. Limited License; Acceptable Use
   
   1. Limited License: The materials available through our Sites are the sole and exclusive property of FSI and our partners, and are protected by copyright, trademark, and other intellectual property laws. Requests for permission to reproduce or distribute materials found on our Sites can be sent to us via the contact method described above.
      
      You are free to display and print for Your personal, non-commercial use the content You receive through our Sites, provided that You reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on our Sites, or distribute copies of materials found on our Sites in any form (including by email or other electronic means), without prior written permission from the owner.
   
   
   2. Acceptable Use: You shall not use the Sites to transmit, distribute or store material: (a) in violation of any applicable law, regulation or judicial order; (b) that violates the terms of this Online Acceptable Use Policy, the terms of any applicable agreement with FSI or any other FSI policy applicable to You; (c) that interferes with or adversely affects the Sites or use of the Sites by other FSI customers; or (d) that may expose FSI to criminal or civil liability. You shall cooperate with FSI in investigating and correcting any breach of this Online Acceptable Use Policy. You shall be solely responsible for any material that You maintain, transmit, download, view, post, distribute, otherwise access, or make available using the Sites. Any access or attempt to access other areas of any FSI computer system or other information contained on the system for any purposes is strictly prohibited.
      
      In particular, but without limiting the more general prohibitions in this Online Acceptable Use Policy, You shall not use the Sites, or assist anyone else, by:
      • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, defamatory, or obscene;
      • Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
      • Uploading, posting, emailing, transmitting or otherwise making available any content that You do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
      • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
      • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
      • Interfering with or disrupting any servers or networks used to provide our Sites and other marketing and communications methods, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Site and other marketing and communication methods;
      • "Stalking" or otherwise harassing another;
      • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
      • Collecting or storing personal data about other users;
      • Gaining unauthorized access to our Sites, or any account, computer system, or network connected to this Service, by means such as hacking, password mining, or other illicit means;
      • Reverse engineering, decompiling, or attempting to bypass filtering mechanisms on the Sites;
      • Using the Sites for any purpose not authorized by FSI, including for any purpose not authorized by this Policy; and
      • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Sites.
      
      You acknowledge and agree that FSI may immediately or at any time terminate Your use of the Sites, which will include, but not be limited to features such as 'Send to a Friend' or 'Product Review' applications, if You engage in any of the foregoing prohibited activities on our Site or related digital assets.


7. Links
   FSI welcomes appropriate links to our Sites. You are free to establish a hyperlink to our Sites so long as the link does not state or imply any sponsorship by FSI of You, Your company, site, service, application, or mobile application.
   
   
8. No Framing
   Without our prior written permission, You may not frame, or in-line link, any of the content of our Sites, or incorporate into another site, application, mobile application, or other service any of our intellectual property.


9. Trademarks & Copyrights
   You may not use any trademark or service mark appearing on our Sites without the prior written consent of the owner of the mark. Use of any trademark or service mark appearing on our Sites or in print without the prior written consent of the owner is prohibited. By way of example only, proprietary marks such as Jim-Gem, Sure Seal, Watermark, FSI, PECO are marks that require approval for use.
   
   Content on any FSI promotional material, including our Sites, certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing is the property of FSI and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
   
   Purchaser acknowledges that it has no right, title, or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
   
   You agree not to download, display, or use any FSI Content located on our Sites or our printed Materials for use in any publications, in public performances, on sites other than our Sites for any unpermitted commercial purpose, in connection with products or Sites that are not those of FSI, in any other manner that is likely to cause confusion, that disparages or discredits FSI and/or its licensors, that dilutes the strength of FSI's or its licensor's intellectual property, or that otherwise infringes FSI's or its licensors' intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any FSI content or User Content that appears on our Sites.


10. Digital Millennium Copyright Act Notice
    If You are an owner of intellectual property who believes Your intellectual property has been improperly posted or distributed via our Sites, please contact us via the physical mailing address set forth above.
    
    Your notice to us must include the following information: (1) a physical signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on our Site(s) the allegedly infringing material appears that will allow us to locate the material; (4) a statement by You that You have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by You that the information in Your notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
    
    Provided FSI has not received an appropriate counter notice, FSI will work to expeditiously remove content that is the subject of a notice prepared in accordance with the provisions of the Digital Millennium Copyright Act set forth above.


11. Materials Submitted by Other Users
    Forestry Suppliers reserves the right to evaluate all Product Reviews submitted by our Site Visitors and/or Customers before they are visible by Site Visitors. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. While we may review these areas, we do not endorse or guarantee the accuracy of any posting. We also reserve the right not to post, or to remove, any Product Review at our discretion or if it violates the conditions outlined in our Online Acceptable Use Policy. We encourage You to contact our Technical Product Specialists with specific product questions.


12. Miscellaneous
    FSI has no responsibility for any content or similar type of material or information created, stored, maintained, posted, transmitted or accessible on or through the Sites (collectively, "User Content") and is not obligated to monitor or exercise any editorial control over such material. In the event that FSI becomes aware that any such User Content may violate this Online Acceptable Use Policy and/or expose FSI to civil or criminal liability, FSI reserves the right to investigate such User Content, block access to such material and suspend or terminate any Sites and/or access to the Sites without liability to You. FSI further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this Online Acceptable Use Policy, including disclosing the identity or IP address of any user that FSI believes is responsible for such violation. FSI also reserves the right to implement technical mechanisms to prevent Online Acceptable Use Policy violations. Nothing in this Online Acceptable Use Policy shall limit in any way FSI's rights and remedies at law or in equity that may otherwise be available.

PRIVACY POLICY

Last Updated: This material was last updated: July 9, 2024

If you have any questions about this Policy or our use of your Information, please contact us by any of the following methods:

1. About This Policy
   Forestry Suppliers, Inc. (collectively "Forestry Suppliers," "we," or "us," or "our") respects your privacy and is committed to protecting it through the establishment of, and our compliance with, this Privacy Policy ("Policy")
   
   This Policy describes the types of information we may collect from you when you visit the mobile and/or desktop versions of our websites https://www.forestry-suppliers.com/ and www.pecosales.com (collectively, the “Website”) and our practices for collecting using, maintaining, protecting, and disclosing that information. This Policy is posted on the Website and applies to the Website and any other online services we provide ("Online Services"). Specifically, it applies to information we collect:
   
   • On this Website (both the mobile and desktop versions);
   • In email, text, and other electronic messages between you and this Website;
   • In regular mail, in facsimiles, and over phone calls.
   It does not apply to information collected by:
   
   • Us through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
   • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.
   By accessing our Online Services, ordering products, communicating, or otherwise interacting with us, you acknowledge that you have read, understood, and agree to our collection, storage, processing, use, and disclosure of your Information as described in this Policy. If you do not agree with all the terms of this Policy, your choice is to not use our Online Services or transact business with us.
   
   As used herein, "Personal Information" means information that personally identifies you, and "Non-Personal Information" means information that relates to you but does not directly identify you. "Information" is collectively used herein to refer to both Personal Information and Non-Personal Information.
   


2. Information We Collect About You and How We Collect It
   We collect several types of information from and about users of our Website, including information:
   
   • By which you may be personally identified, such as name, billing address, shipping address, email address, telephone number, and/or social security number; and
   • About your internet connection, the equipment you use to access our Website, and usage details.
   We collect this information:
   
   • Directly from you when you provide it to us.
   • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, log files, location data, and other tracking technologies.
   • From third parties, for example, our vendors and/or service providers.
   • From online analytics, including Google Analytics and Bing, to help us measure traffic and usage trends and to improve our Online Services. For more information regarding how Google collects, uses, and shares your information, please visit http://www.google.com/policies/privacy/partners/. For more information regarding how Bing collects, uses, and shares your information, please visit https://privacy.microsoft.com/en-US/privacystatement.
   You also may provide information to be published or displayed on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are published or displayed on the Website and/or transmitted to other users at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
   


3. Changes To This Policy
   We may update this Policy from time to time effective upon posting the revised Policy, along with the date on which it was most recently updated, on our Policies page. Please periodically review this Policy for updates. If a change to this Policy materially affects the use or disclosure of your Personal Information, we will notify you by email or by placing a more prominent notice on our homepage located at http://www.forestry-suppliers.com. A link to this Policy is also available any time you register for an online account with Forestry Suppliers and any time you place an online order. By continuing to use our Online Services, order products, provide us information, or otherwise interact with us thereafter, you agree to accept such changes to this Policy. Please contact us as described above if you would like information regarding any Policy changes.


4. Reference to Additional Policies
   Please take a moment to review the Forestry Suppliers Terms and Conditions of Sale and Online Acceptable Use Policy. These policies contain additional details about placing an order and user-generated content on the Forestry Suppliers Site, including prohibited activities.


5. Visitors From Outside the United States
   We are a United States company. Our services, including the Online Services, are operated (and products are provided) from the United States and are subject to the applicable state and federal laws of the United States. If you are located outside of the United States, please be aware that any Information you provide to us will be transferred to servers located in the United States and processed there. By using our Online Services or otherwise transacting business with us, you are consenting to the use and disclosure of your Information in accordance with this Policy and subject to United States law, which may not provide the same level of protections as the laws of your country.


6. How We Use Your Information
   Forestry Suppliers uses your Information that we collect, including Personal Information, for a variety of business purposes, including:
   
   • Providing our products to you;
   • Processing orders and payments;
   • Providing our Online Services to you;
   • Processing, creating, and managing your accounts with us;
   • Communicating with you;
   • Improving and customizing our products, Online Services, promotions, surveys, communications, and advertisements;
   • Customer service and technical support, which may include responding to your requests, resolving issues, and/or troubleshooting problems;
   • For internal operations such as enhancing our products offerings, marketing efforts, and to conduct research and analysis;
   • Developing new products and promotions;
   • For marketing purposes, including by tracking behavior and preferences across the Online Services and third-party sites;
   • To prevent fraud or potentially illegal activities;
   • To enforce our Terms and Conditions of Sale and Online Acceptable Use Policy;
   • To comply with applicable laws, regulations, and legal process;
   • To protect the security and integrity of our business, Online Services, customers, and third party business partners and service providers;
   • In any other way we may describe when you provide the information; and/or
   • For any other purpose with your consent.
   We may combine any or all the Information we collect or receive about you for any of the foregoing purposes.


7. Information Sharing and Disclosure
   We do not share, sell, or license your Personal Information to third parties for their marketing purposes.
   
   Forestry Suppliers may share and disclose your Personal Information:
   
   • With subsidiaries, affiliates, and/or third party service providers for the purposes of development, maintenance, and support of our Online Services; credit card processing; shipping agents; and marketing research and analysis;
   • With third party business partners in connection with our Online Services, product sales and fulfillment, and for our marketing purposes;
   • To comply with law, a court order, or other legal process, or in connection with a legal or governmental investigation and/or regulatory request;
   • As may be necessary to protect the rights and interests of Forestry Suppliers, its subsidiaries, affiliates, third party business partners, and service providers, and our and their respective employees, customers, visitors, users, or any other person or entity;
   • To enforce our Terms & Conditions of Sale, Online Acceptable Use Policy, and any other applicable terms and conditions and other agreements;
   • In the event of a corporate transaction, such as a merger or acquisition;
   • In aggregated or other non-personally identifiable form;
   • As otherwise permitted by this Policy; and/or
   • In accordance with your consent.


8. Your Choices
   We provide you with the opportunity to update and/or delete certain Personal Information and to opt-out of having your Personal Information used or disclosed for certain purposes. For example, you may:
   
   • Correct, update, and deactivate your online account;
   • Choose whether to receive promotions and offers from us; and change your preferences for certain communications (e.g., catalogues and marketing communications);
   • Request access to your Personal Information; and/or
   • Request the deletion of your Personal Information under certain circumstances as provided below.
   You may exercise your choices at the time of registration, by contacting us via the Contact Information provided at the beginning of this Policy, via your online user profile, or following the instructions provided in communications sent to you.
   
   To the extent feasible, we will comply with one verifiable request per twelve-month period to delete your Personal Information. So that we may process your request, you must submit sufficient information to us to verify your identity before we delete any Personal Information. It may not be possible for us to delete all Personal Information about you. For example, we must retain Personal Information associated with your orders.
   
   Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. We will, however, continue to send transaction-based emails if you place an order, request a quotation, request customer support, or make similar requests.
   
   Please be aware that, if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, promotions, and offerings to you.
   
   1. Data Collection Tools. You may be able to opt out of the automatic collection of some Information by referring to your web browser's or mobile device's options or settings menu. However, doing so may disable many of the portions, features, or functionality of our Online Services. For more information, visit http://www.allaboutcookies.org for more information.
   
   
   2. Google Analytics. Google provides users choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout.
   
   
   3. Bing. To opt out of the Bing Ads optimization program, click here: https://advertise.bingads.microsoft.com/en-us/resources/policies/opt-out-of-the-bing-ads-optimization-program#.
   
   
   4. Location Data. You may opt out from allowing us to have access to your location data by adjusting the permissions in your web browser's or mobile device's options or settings menu, though some features of our Online Services may not function properly if use or availability of location data is impaired or disabled.
   
   
   5. Third Party Service Providers. If you have submitted your Personal Information on a page provided in conjunction with one of our third party business partners or service providers, your Personal Information may also be maintained by such partner or the service provider. You will need to contact them separately to request removal of your Personal Information from their database.


9. Information Security
   We seek to keep your Personal Information secure and implement reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. We use industry-standard encryption technology to provide for the security of customer credit card information. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Policy.
   
   You are responsible for maintaining the confidentiality of your online user password and account login information. You are solely responsible for any actions taken under your password or account login information. We encourage you to set a secure password that is difficult for others to guess, and change your password on a regular basis to help ensure your account remains secure.
   
   Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.


10. Links, Third Party Websites, and Social Media Platforms
    Our Online Services and communications may contain links to other websites and social media platforms such as Facebook, LinkedIn, Instagram, or You Tube ("Linked Sites"). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you navigate to them from our Online Services or communications you receive from us. This Policy does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy practices of any Linked Sites that you visit.


11. Your State Privacy Rights
    State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. California, Colorado, Connecticut, Delaware, Florida, Kentucky, Indiana, Iowa, Maryland, Minnesota, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
    
    • Confirm whether we process their personal information;
    • Access and delete certain personal information;
    • Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah);
    • Data portability;
    • Opt-out of personal data processing for:
      • targeted advertising (excluding Iowa);
      • sales; or
      • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah);
    • Either limit, opt-out of, or require consent to process sensitive personal data;
    • The exact scope of these rights may vary by state. To exercise any of these rights or to appeal a decision regarding a consumer rights request, please click the following link: opt-outs.
    • Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request by clicking the following link: opt-outs. However, please know we do not currently sell data triggering that statute's opt-out requirements.


12. Children's Privacy
    We do not knowingly collect Personal Information online from children under the age of 13 without parental or guardian consent. Please contact us via the Contact Information provided above if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will work to remove this information as appropriate.


13. Email Security
    "Phishing" is a scam designed to steal your Personal Information. If you receive an email that looks like it is from us asking you for your Personal Information, please notify us as provided above in the Contact Information section.


14. Mobile/SMS Terms and Conditions and Privacy Policy
    The Mobile/SMS Terms and Conditions and Privacy Policy (“Mobile Terms”) are incorporated herein and made a material part of this Policy. To the extent of any inconsistency between this Policy and the Mobile Terms, the Mobile Terms will control, but only to the extent of any such inconsistency.

Mobile/SMS Terms and Conditions and Privacy Policy

Last Updated: This material was last updated: July 28, 2023

The following Terms and Conditions and Privacy Policy apply with respect to any and all communications made through means of mobile communications, including, without limitation, SMS message-based services.

Forestry Suppliers, Inc. ("FSI") offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back-in-stock alerts, price drop alerts, and low inventory alerts by SMS message (the "Mobile Service") on 94306. By participating in the Mobile Service, you are agreeing to these Terms and to the Privacy Policy of FSI.

Signing Up and Opting In to the Service

Enrollment in the Mobile Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. FSI reserves the right to stop offering the Mobile Service at any time with or without notice.

By opting into the Mobile Service, you:

1. Authorize FSI to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact FSI Customer Service. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Mobile Service on 94306, your message frequency may vary. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Back-in-stock alerts
6. Price drop alerts
7. Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Mobile Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Mobile Service may not be available on all wireless carriers. FSI may add or remove any wireless carrier from the Mobile Service at any time without notice. FSI and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Mobile Service

To stop receiving text messages from FSI, text the word STOP to 94306 any time or reply STOP to any of the text messages you have received from FSI. This is the exclusive method for opting out. After texting STOP to 94306, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 94306. This will provide you with a phone number and email address to customer service (800-752-8460 and cs@forestry-suppliers.com). You can also contact us at:

• Forestry Suppliers, Inc.
• ATTN: Customer Service
• P.O. Box 8397
• Jackson, MS 39284-8397

Changes to Terms

These Mobile Service Terms and Conditions and Privacy Policy are subject to change at any time without notice.

Cookies and Abandoned Shopping Carts

FSI uses cookies to collect information around abandoned shopping carts. A cart is considered abandoned within one hour of inactivity or lack of purchase. Once the cart is considered abandoned, an SMS message will be sent as a reminder.

Arbitration and Class Action Waiver for Mobile Services

In the event of any inconsistency with the following Arbitration and Class Action Waiver and FSI’s Arbitration provisions in Section 14 of its Terms and Conditions of Service, the following shall govern and control. Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of FSI’s services will be resolved by binding arbitration rather than court.

This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and FSI hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (FAA) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless You and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. You agree that by entering into this agreement, you and FSI are each waiving the right to a trial by jury and the right to participate in any class, representative, or collective proceeding.

This agreement does not allow for class arbitrations even if the procedures or rules of the AAA would. Rather, You and we are only entitled to pursue arbitration on an individual, bilateral basis. Further, and unless you and FSI agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claims and may not otherwise preside over any form of a representative or collective proceeding.

You and FSI are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. FSI, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Any arbitration pursuant to the terms and conditions hereof shall be conducted exclusively in Rankin County, Mississippi, United States of America.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limited License to Use Proprietary Assets Agreement

Last Updated: This material was last updated: January 10, 2018

Forestry Suppliers, Inc. grants to its approved PECO Sales dealers only the limited reproduction rights below. Any other use of an Asset without our prior written approval (which may be given or withheld in our sole discretion) is in violation of applicable copyright and related intellectual property laws. If you have any questions regarding these rights, or need additional usage rights, please contact Forestry Suppliers, Inc.

Image(s) shall be accompanied by an identifying cutline, e.g.:

• "Photo courtesy of PECO Sales. Used with permission."
• "PECO Sales"
• "Photo courtesy of Forestry Suppliers, Inc. Used with permission."
• "Forestry Suppliers, Inc. "

In lieu of individual cutlines, a general statement within the copyright notice(s) of print or internet publication(s) may include one of the following statements:

• "Photos courtesy of PECO Sales. Used with permission."
• "Photos courtesy of Forestry Suppliers, Inc. Used with permission."

Links to the PECO Sales and/or Forestry Suppliers, Inc. website home pages are permitted. Please refer links to: http://www.pecosales.com or http://www.forestry-suppliers.com. Subject to the Terms and Conditions as set forth on the last page of this License.

This is a legal agreement between you and Forestry Suppliers, Inc. Read this agreement in its entirety before you copy or use any image. By copying any Asset from any CD (if applicable), cloud storage, or from the Forestry Suppliers or PECO Sales websites, or from any other electronic means made available by us, you understand, acknowledge, and agree that you are bound by the terms of this agreement and the asset usage specifications listed in this agreement. If you are entering into this agreement on behalf of your employer, the limited license granted and restrictions and limitations recited herein apply to your employer and to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement and your rights under this agreement will be terminated. Forestry Suppliers, Inc. grants a limited, nonexclusive, non-sublicensable right to use the Assets and any derivatives or copies (collectively, the "Asset") to the extent explicitly stated in the License(s) to Use.

1. Definitions.
   Terms means the terms and conditions set out herein. License to Use are the terms above that grant you limited reproduction rights in the specified Asset. Reproduction includes any form of copying or publication of the whole or part of any Asset whether by printing, slide projection (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of the Asset (for example, by computer, electronically, digitally by an artist, or by any other means), even though the resulting Asset may not appear to a reasonable person to be derived from the original Asset.


2. Copyright Issues.
   No ownership or copyright in any Asset shall pass to you by the issue of a License to Use with respect to the Asset. You must provide copyright protection for any Asset you download from this CD (if applicable), web site, cloud storage, Forestry Suppliers or PECO Sales websites, or from any other electronic means made available by us. Such copyright shall be immediately assigned to Forestry Suppliers, Inc. upon request. Unless otherwise agreed in writing, if any Asset reproduced by you for editorial purposes (i.e., for any non-promotional purpose) omits the credit line "© [Current year, e.g. 2017] Forestry Suppliers, Inc.", or any other credit line specified by Forestry Suppliers, Inc., this license shall be revoked immediately pursuant to a written request by Forestry Suppliers to Cease and Desist any and all material(s) displaying or exhibiting any form of the Asset(s).


3. Warranty and Limitation of Liability.
   Forestry Suppliers, Inc. warrants the digital copy of the Asset that we make available to you to be free from known defects. Except for the foregoing, Forestry Suppliers, Inc. makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Forestry Suppliers, Inc. nor its licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, lost profits or other damages arising out of this license or otherwise. In no event shall Forestry Suppliers, Inc.'s liability hereunder exceed $100 regardless of the cause or form of any such event giving rise to liability hereunder.


4. Nature and Extent of License.
   This license may be revoked by Forestry Suppliers, Inc. at any time upon prior notice to you. During this license, you understand, acknowledge and agree that reproduction rights are strictly limited to the use, medium, period of time, print run, placement, size of asset, territory and any other restrictions specified on the above license to use. Use of an asset in a manner not specifically authorized by the license to use constitutes an infringement of Forestry Suppliers, Inc.'s proprietary rights and will subject you to infringement damages. Use of an asset in a manner that is contrary to a restriction stated in the license to use is prohibited, and alteration of an asset is only allowed upon the prior written consent of a Forestry Suppliers, Inc. authorized Creative Director or Marketing Director. Forestry Suppliers, Inc.'s license to use an asset on or in a product does not grant you the right to use that asset in any manner, directly or indirectly (such as in any asset or illustration of such product) in the advertising of such product unless that right is also specifically granted. Pornographic, defamatory, libelous, or otherwise unlawful use of an asset is strictly prohibited.


5. License Not Assignable.
   Reproduction rights granted to you may not be assigned. They are personal to you or your employer.


6. Model and Property Releases and Consents.
   No valid model release or other valid release exists for any Asset unless the existence of such release is specified by Forestry Suppliers, Inc. in writing.


7. Miscellaneous.
   No variation of any of these Terms shall be effective unless agreed in writing by Forestry Suppliers, Inc. and you. No part of the content of Forestry Suppliers, Inc.'s catalogs or other advertising materials forms a part of these Terms. No action of Forestry Suppliers, Inc., other than an express written waiver, may be construed as a waiver of any clause of this agreement. In the event that Forestry Suppliers, Inc. waives any specific part of this agreement, such fact does not mean that any other part is waived. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the printed terms contained herein and the terms contained on any purchase order sent by you or your employer, the terms of this agreement shall govern. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Mississippi and the United States of America. In the event of any disputes arising hereunder, you hereby submit to the exclusive personal and subject matter jurisdiction of the State and Federal Courts situated in Rankin County, Mississippi. You hereby waive any right to a trial before a jury. This agreement may be signed or accepted in one or more counterparts, including via electronic means, each of which when taken together shall be deemed but one original.

Transparency In Coverage Machine Readable Files

Last Updated: This material was last updated July 1, 2022

In accordance with the Transparency in Coverage Rule requirements, the following machine readable files for Blue Cross & Blue Shield of Mississippi (BCBSMS) and applicable group health and wellness benefit plans are available:

• Blue Cross & Blue Shield of Mississippi Table of Contents File
• Mississippi State and School Employees' Life and Health Insurance Plan (AHS) Table of Contents File

Pricing information and other data included in the Machine Readable Files represent data available to and within the control of Blue Cross & Blue Shield of Mississippi for the current reporting period. Data reported is subject to change between the date the current Machine Readable File is created and the next required update.

The data contained in the Machine Readable Files is not a guarantee of payment and may not always reflect amounts on final claim processing documentation. Eligibility and benefit determinations are made when the claim is processed by Blue Cross & Blue Shield of Mississippi.