Privacy Policy
BINDING CONTRACT
○ Once you have placed a Sales Order to buy from First Choice Group or a Purchase Order to sell to First Choice Group, you have entered into a binding contract.
GENERAL PROVISIONS
- A. ABSENCE OF RELATIONSHIP
○ The sole relationship between First Choice Group and you is that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between First Choice Group and you exist.
- B. ADDITIONAL ITEMS
○ Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the Products.
- C. ASSIGNMENT
○ You may not assign any of your rights or obligations under this User Agreement without the prior written consent of First Choice Group, which may be granted or withheld by First Choice Group in its sole discretion. This contract, including but not limited to the User Agreement, shall be binding on all permitted assigns and successors of First Choice Group and you.
- D. CONFIDENTIALITY
○ You shall be very careful about disclosing the existence and terms of all your transactions with First Choice Group and should carefully consider any disclosure of such information that you make to third parties.
- E. DISPUTE RESOLUTION
○ It is First Choice Group’s goal that any disagreement or dispute be resolved amicably and expeditiously. We encourage you to contact Customer Service. If an amicable resolution cannot be reached between us, such disagreement or dispute shall be resolved in accordance with the following paragraphs:
○ 1. Forum Selection and Governing Law.
○ All such disagreements and disputes shall be resolved exclusively in such federal and state courts, as appropriate, in that jurisdiction. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and waive all objections to the jurisdiction of such federal and state courts. Any action arising out of or relating to the User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
○ 2. Waiver of Jury Trial; Arbitration.
○ Both First Choice Group and you hereby waive the right to a trial by jury in connection with any dispute arising out of or relating to the User Agreement and the transactions between them.
- F. FORCE MAJEURE
○ If First Choice Group cannot perform any obligation hereunder as a result of any event that is beyond its control, First Choice Group’s delay or failure to perform such obligation shall be excused and First Choice Group shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
- G. FURTHER ASSURANCES
○ You shall execute and deliver such other documents and take such other actions as may be reasonably requested by First Choice Group to carry out your obligations under the User Agreement.
- H. RECORDING OF PHONE CONVERSATIONS
○ First Choice Group may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
- I. ABSENCE OF WAIVERS
○ A decision or a failure by First Choice Group to take action with respect to any non-compliance by you of your obligations to First Choice Group or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of First Choice Group with respect to any other non-compliance by you, and does not waive or limit First Choice Group’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
- J. PRICING OR TYPOGRAPHICAL ERRORS
○ We work hard to provide accurate Product and pricing information to you. However, pricing, or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, First Choice Group shall have the right, at our sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Sales Order or Purchase Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your Products or your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
- L. SECURITY
○ First Choice Group takes security very seriously. Our security measures protect the loss, misuse, and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to First Choice Group. Furthermore, all of the customer data we collect is protected against unauthorized access.