Terms of Use
Welcome to FirstChoiceOKC.com. provides website features to you subject to the following conditions. If you visit or shop at FirstChoiceOKC.com, you accept these conditions. Please read them carefully.
Privacy
Please review our Privacy Policy, which also governs your visit to FirstChoiceOKC.com, to understand our procedures.
Electronic Communications
When you visit FirstChoiceOKC.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FirstchoiceOKC., or licensed by FirstChoiceOKC from the copyright owner, and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of FirstChoiceOKC, Inc. and protected by U.S. and international copyright laws. All software used on this website is the property of FirstChoiceOKC, Inc. or its software suppliers and protected by United States and international copyright laws.
Permitted Use of the Site; Restrictions
You will access and use the Site solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (1) is inconsistent with this Agreement; (2) violates any federal, state or local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You acknowledge and agree that the Site and the Content includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities. You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other Content from the Site, you do so at your own risk.
You shall ensure that all equipment, hardware, software, products and/or sites you use to access, visit, or use the Site does not disturb or interfere with our operation of the Site, or impede or interfere with others’ access, visitation and/or use of the Site. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Site any equipment, hardware, software, product and/or Sites causing interference with us, our licensors, vendors, service providers, the Site or any Content. You are solely responsible for all usage of, or activities on, the Site by you and by those you authorize or allow to use, or provide access to, the Site, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Site resides or is accessible.
You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or sites linked to or accessible from this Site and are not responsible for the Content or actions of any other sites, applications, destinations or sites. Your linking to or accessing any other site, application, destination or site is at your sole risk. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Site, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Site. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content that is provided by us, our licensors, vendors and/or providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Site marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Site, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
License and Website Access
FirstChoiceOKC grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FirstChoiceOKC.. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FirstChoiceOKC.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FirstChoiceOKC. without express written consent. You may not use any meta tags or any other “hidden text” utilizing FirstChoiceOKC.’ name or trademarks without the express written consent of FirstChoiceOKC. Any unauthorized use terminates the permission or license granted by FirstChoiceOKC.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FirstChoiceOKC.com so long as the link does not portray FirstChoiceOKC., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FirstChoiceOKC’ logo or other proprietary graphic or trademark as part of the link without express written permission.
Restrictions.
You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
access and/or use anyone else’s account registration information, or access, visit and/or use the Site by use of anyone else’s account/profile and/or account registration information;
authorize or permit anyone else to access and/or use your account registration information, or access, visit and/or use the Site by use of your account/profile and/or registration information or impersonate, imitate or pretend to be somebody else;
except as permitted by us, make any commercial, advertising, promotional, or marketing use of the Site and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Site marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Site;
post, upload, transmit, send or otherwise make available on or through the Site any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you may post, upload, transmit, send, or otherwise make available on or through the Site;
use any bots, cheats, macros, scripts, or any form of auto-responder, or use any other automated process,;
copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;
engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Site;
use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
use any language, or post, upload, transmit, send or otherwise make available on or through the Site any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, child pornography, fraud, or invasion of privacy;
use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any content that is pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
use any language, or post, upload, transmit, send or otherwise make available on or through the Site any content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
post, upload, transmit, send or otherwise make available on or through the Site any content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
post, upload, transmit, send or otherwise make available on or through the Site any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, other users, and/or any third party; copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Site, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Site, in whole or in part, except as permitted by law; or
reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Site, in whole or in part.
Pricing and Availability
Pricing and availability of merchandise shown on this website is current as of the last website update. FirstChoiceOKC reserves the right to adjust pricing or availability based on any criteria of its choosing, including but not limited to changes in manufacturers’ sales prices. Sales price and merchandise availability will be finally determined at the time an order is placed.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY FirstChoiceOKC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FIRSTCHOICEOKC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,FIRSTCHOICEOKC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.FIRSTCHOICEOKC. DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR EMAIL SENT FROM FIRSTCHOICEOKC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRSTCHOICEOKC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicability of State Law
SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY. THE DISCLAIMER OR LIMITATION OF WARRANTY OR LIMITATION OF LIABILITY IS VOID WHERE PROHIBITED BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. CUSTOMERS MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Governing Law; Disputes
These Terms of Use and all matters relating to your access to, or use of this website shall be governed by and construed in accordance with the laws of the State of Oklahoma, USA, without giving effect to conflict of law principles. We make no representation that the content on our website is appropriate, legal or available for use in other locations. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws. Any legal action or proceeding relating to these Terms of Use or your access to or use of this website shall be instituted in a state or federal court in the State of Oklahoma. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts.
Security
We protect your privacy related to this Site. We maintain appropriate administrative and technical controls to safeguard the security and privacy of your personal information.
Purchase of Products on Site
For any purchase of our Products on the Site you also agree as follows:
1. Your Account:
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FirstChoiceOKC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2. Pricing and Availability:
Pricing and availability of merchandise shown on this Site is current as of the last Site update. FirstChoiceOKC reserves the right to adjust pricing or availability based on any criteria of its choosing, including but not limited to changes in manufacturers? sales prices. Sales price and merchandise availability will be finally determined at the time an order is placed.
3. Payment Terms:
FirstChoiceOKC gladly accepts Visa, MasterCard, American Express and Discover for immediate payments. PayPal is accepted for orders on our Online Shopping Cart only. Terms are Net 30 days from the date of invoice for customers who have been pre-approved for credit.
4. Taxes:
We are required by law to charge sales tax to orders in accordance with county, state, and federal regulations. ERC’s obligation to collect taxes may change without notice. All taxes will be invoiced to the customer. If you are tax exempt, please submit a tax exemption certificate to our accounts receivable department prior to the placement of any order.
5. Claims:
Customers should inspect each shipment immediately upon arrival and let FirstChoiceOKC know of any problems with your order. If you have questions or concerns about a shipment from ERC, please contact FirstChoiceOKC.’ Customer Service Department at 405-773-5233 or by email to FirstChoiceOKC@gmail.com. All returns must be made through ERC’s Return policy.
7. Returns:
FirstChoiceOKC will provide a return authorization for all unprinted, stock items that have not been opened by the customer, provided the customer requests a return authorization within thirty (30) days of the purchase date. Products that are special orders, or any product that has any custom imprinting are not returnable. Please contact your FirstChoiceOKC Customer Service Department to obtain a return authorization. All refused shipments will be subject to a 15% restocking fee.
Miscellaneous
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law; Disputes and Miscellaneous shall survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You expressly absolve and release the FirstChoiceOKC Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.