FELLFAB® SITE USE TERMS AND CONDITIONS
Prohibited Use of site. You shall not make any commercial use of this FELLFAB® site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. This FELLFAB® site, or any portion of this FELLFAB® site, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of FELLFAB®. You agree not to interfere, disrupt, or attempt to gain unauthorized access to this FELLFAB® site or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by FELLFAB® to be in conflict with the spirit or intent of this Agreement. You agree to use this FELLFAB® site only for lawful purposes. You are prohibited from posting on or transmitting through this FELLFAB® site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with this FELLFAB® site including all hardware, software, electrical and other physical requirements for your use of this FELLFAB® site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use this FELLFAB® site.
Errors and Inaccuracies. The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Prices. We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.
Miss‐priced Items. Despite our best efforts, a small number of the items on our Web site may be miss‐priced. We verify final prices as part of our shipping procedures.
- If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Online Transactions. We make available products for purchase through the Web site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Web site. If you wish to purchase any product made available through the Web site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to FELLFAB® the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Web site, at the price(s) in effect when such charges are incurred, including without limitation any shipping and handling charges applicable to the Transaction. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Return Policy. Returns must have a prior factory return merchandise authorization (RMA) and are subject to a 25% restocking/handling fee. Custom made to order items, discontinued and clearance items are not returnable. All returns must meet the following conditions:
- The product must be returned within thirty (30) calendar days of delivery.
- The product must be returned unused, complete and in its original packaging, unless there is a manufacturer’s defect.
- The product being returned must be accompanied with a copy of the original invoice.
You are responsible for any shipping, handling and insurance costs associated with the return. For your protection we suggest all returns be sent back by a traceable carrier such as UPS or Registered or Insured USPS. FELLFAB® is not responsible for product lost in shipment.
Delivery. Prices are exclusive of shipping costs. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. The risk of loss and title to products purchased on the site pass to the purchaser upon delivery to the carrier.
Compliance with Laws. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this site. By placing an order, you represent that the products ordered will be used only in a lawful manner. In addition, you acknowledge that any goods sold on the site may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing export‐controlled goods, you agree to abide by the applicable laws of the United States and Canada, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of the law.
Accessibility. You acknowledge and agree that at times this FELLFAB® site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FELLFAB® may undertake from time to time; or (iii) causes which are beyond the control of FELLFAB® or which are not reasonably foreseeable.
Ownership of Intellectual Property
Trademarks. The trademarks, service marks, brand names, and logos appearing on this FELLFAB® site are owned by FELLFAB®, subsidiaries of FELLFAB®, and/or FELLFAB®’s related companies, and others.
Nothing herein shall be construed as granting any license or right to use any trademarks, service marks, brand names, or logos appearing on this FELLFAB® site, without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any trademarks, brand names, service marks, logos, or use any meta tags or any other “hidden text” utilizing FELLFAB®’s (or FELLFAB®’s subsidiary’s or FELLFAB®’s related company) trademarks, brand names, or service marks without the express written consent of FELLFAB®.
Copyrighted Works. Copyrights in content provided on this FELLFAB® site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) is exclusively owned by FELLFAB® and is protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non‐commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FELLFAB® and any appropriate third party as applicable.
This FELLFAB® site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by FELLFAB® or its subsidiaries or related companies with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that FELLFAB® is not responsible in any manner including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. FELLFAB® MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non FELLFAB® site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to this FELLFAB® site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with FELLFAB®. FELLFAB® may not even be aware that a third party has linked to this FELLFAB® site.
Disclaimer of Warranties
FELLFAB® AND ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS FELLFAB® SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT.
FELLFAB® AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS FELLFAB® SITE, OR THE INFORMATION, CONTENT, OR
MATERIALS INCLUDED ON THIS FELLFAB® SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS FELLFAB® SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FELLFAB® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FELLFAB® DOES NOT WARRANT THAT THIS FELLFAB® SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FELLFAB® OR ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS FELLFAB® SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THIS FELLFAB® SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS FELLFAB® SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS FELLFAB® SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THIS FELLFAB® SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend FELLFAB®, its subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of this FELLFAB® site, including any data or work transmitted or received by you; and (iii) any prohibited use of this FELLFAB® site.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. FELLFAB® reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of this FELLFAB® site; (ii) suspend your access to or use of all or any portion of this FELLFAB® site; and (iii) terminate this Agreement.
Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Law. This Agreement is made in and shall be governed and construed by the laws of the State of Georgia, United States of America, without reference to conflicts of laws. If you access this FELLFAB® site from locations outside Georgia or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Georgia, United States of America, and you are solely responsible for compliance with all your local laws. Access to this FELLFAB® site from locations where this FELLFAB® site’s contents may be unlawful is prohibited.
Headings. The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.