Terms Of Use
Flynn & O’Hara Uniforms, Inc. is a Pennsylvania corporation with its principal office at 10905 Dutton Road, Philadelphia, PA 19154. The website www.flynnohara.com and integrated and/or supporting providers (together the “Platform”) is owned and edited by Flynn & O’Hara, Inc.
These terms of use (“Terms of Use”) govern your use of the Platform. In these Terms of Use, we use the term Flynn & O’Hara, F&O, "we", "us" and "our" to refer to the principal office of Flynn & O’Hara Uniforms, Inc. at the address above and its affiliates.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly for updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
I. Hosting Services
Hosting services for the F&O website is provided by BigCommerce in the USA.
II. Our Privacy Policy
Our information collection practices on the Platform, such as the types of information we collect regarding visitors to the Platform and the ways in which we may use that information, are governed by the terms of our Privacy Policy, which are incorporated herein as if fully restated.
III. Conditions of Sale
Customers purchasing products online or by phone must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
IV. Use Of Materials On The Platform
We have created F&O’s Platform to provide information about us and our products for your personal use. Although considerable effort has been made to ensure that visual representations of F&O products displayed on the Platform are representative of the color, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, F&O cannot be held liable for any apparent differences in the product images represented on the Platform and the original products. We strongly advise you visit one of our retail stores prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platform for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ or ®, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platform (such as F&O’s creations or products, images, photographs, including any person represented in the photographs, illustrations, texts, written and other materials) ("F&O Material") are owned by F&O and protected by copyright, designs and trademark legislation.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any F&O Material in any way for any public or commercial purposes. Furthermore, F&O Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use F&O Material will automatically terminate and any copies made of F&O Material must be immediately destroyed. Any unauthorized use of F&O Material may infringe copyright laws, design laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
V. Electronic Communications, Transactions and Signatures
This section concerns communications sent to F&O. It does not concern the Communication of personal information to F&O in relation to customer inquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Any unsolicited communication or material that you transmit to F&O via the Platform or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by F&O. By sending communications to F&O, you automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by F&O and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and reposting, or developing, manufacturing and marketing products using such information.
VI. Limitation of Liability
This section applies to the Platform and not to the products that may be sold online or by phone in one of our local or regional markets.
F&O works hard to make certain that the information provided is accurate and complete. However, F&O does not warrant or represent that F&O Material is accurate, error-free or reliable or that use of F&O Material will not infringe rights of third parties.
F&O does not warrant that the functional and/or technical aspects of the Platform or the F&O Material will be error free or that the Platform, F&O Material or the servers that make them available are free of viruses or other harmful components. If use of the Platform or F&O Material results in the need for servicing or replacing property, material, equipment, data or other element, F&O is not responsible for those costs. Without limiting the foregoing, everything on the Platform is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. F&O and its suppliers make no warranties about the F&O Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platform.
To the fullest extent permitted by applicable law, F&O shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platform or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if F&O has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
VII. Force Majeure
We shall not be liable or responsible, nor be deemed to have breached these Terms of Use, for any failure or delay in maintaining the Platform, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transmission facilities; and (i) other similar events beyond the reasonable control of F&O.
VIII. Trademark Notice
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platform are registered, unregistered or otherwise protected F&O trademarks or are licensed for use by F&O by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platform should be construed as granting, by implication or otherwise, any license or right to use any trademark without F&O’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platform, or any other content on the Platform, except as provided herein, is strictly prohibited.
IX. Copyright Notice
All content (including F&O Material) on the Platform is either Copyright © F&O or is licensed for use by F&O. All rights are reserved. Please refer to the section above on Use of Materials on the Platform.
X. Links and Linking
The Platform may contain links to other platforms operated by third parties not affiliated with F&O. The inclusion of any link to such third-party sites does not imply endorsement by F&O of those sites. F&O has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Platform. If you choose to click through any link to off-site pages or third-party sites then doing so is at your own and sole risk.
XI. Termination and Suspension
You agree that F&O may terminate or suspend your access to and use of the Platform if F&O reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of F&O, its affiliated companies or any third party, with or without notice to you. You agree that F&O may modify or discontinue providing the Platform, with or without notice to you. You agree that F&O will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General Provisions" will survive termination of these Terms of Use.
XII. General Provisions
Unless otherwise specified, the information and F&O Material presented on the Platform are presented solely for the purpose of promoting F&O’s products and services and in certain cases to present products for sale via a variety of means. F&O makes no representation that F&O Material is appropriate or available for use in every segment of the USA. You are responsible for compliance with applicable local laws.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use, together with F&O’s Privacy Policy, constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by F&O of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
XIII. Indemnification
You agree to defend, indemnify, and hold F&O harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Platform; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via our website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
XIV. Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use and you irrevocably acknowledge, agree and consent that the United States District Court in and for the Eastern District of Pennsylvania or the Court of Common Pleas, Philadelphia County, shall have exclusive jurisdiction to resolve any dispute which may arise hereunder or in connection with these Terms.
XV. Dispute Resolution
You agree to irrevocably submit all disputes related to these Terms of Use or the relationship established by use of our Platform to the exclusive jurisdiction of the foregoing courts. F&O shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the jurisdiction where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
XVI. Contact Us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
If you have any questions about this Terms of Use or the manner in which your information may be processed, please contact us at:
- via email: cflynn@flynnohara.com
- via letter: Flynn & O’Hara Uniforms, Inc., 10905 Dutton Road Philadelphia, PA 19154 Attn: President
- via phone: (215) 637-4600 – Customer Service
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
[Last Updated September 2020]