By accessing or using this website, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. We reserve the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion without further notice.
General Terms
Use of Site. In consideration of your acceptance of this Agreement and the Privacy Policy, FA Brand grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of this website, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. We reserve the right to modify or remove any materials, products, or services at any time without further notice. All rights not expressly granted herein are expressly reserved.
Prohibited Use of Site. You shall not make any commercial use of the this website or their 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. The website, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without express written consent. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the FA Brand website, 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 FA Brand to be in conflict with the spirit or intent of this Agreement. You agree to use the FA Brand website only for lawful purposes. You are prohibited from posting on or transmitting through the FA Brand Website 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. FA Brand reserves the right to remove any postings or content in violation of this Agreement.
Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the FA Brand Website including all hardware, software, electrical and other physical requirements for your use of the FA Brand Website, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the FA Brand Website.
Correction of 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.
Accessibility. You acknowledge and agree that at times the FA Brand Website may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FA Brand may undertake from time to time; or (iii) causes which are beyond the control of FA Brand or which are not reasonably foreseeable.
Intellectual Property.
Trademarks. The trademarks, service marks, brand names, and logos appearing on the FA Brand Websites (“Marks”) are owned or licensed by FA Brand. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of FA Brand.
Copyrighted Works. Copyrights in content provided on the FA Brand Website, 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”) are exclusively owned or licensed by FA Brand, and are 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 FA Brand and any appropriate third party as applicable.
News Media Exception to Advance Written Permission. Notwithstanding anything to the contrary herein, images from the FA Brand Image Gallery, videos from the FA Brand Video Gallery, and product images and logos provided in the FA Brand Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from FA Brand, provided the reproduction is accompanied by notice that it has been reproduced with permission from FA Brand.
Confidential Information. Do not use the FA Brand Website as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. Except as otherwise expressly provided herein or in a written agreement with FA Brand applicable to your particular use of the FA Brand Website, any submission of material by you will be considered a contribution to FA Brand for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, ratings, reviews, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to FA Brand, or postings on the FA Brand Website, are non-confidential (subject to the FA Brand Privacy Policy) and shall become the sole property of FA Brand. FA Brand shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any material to FA Brand irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Links.
The FA Brand Website 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 FA Brand 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 FA Brand 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. FA BRAND 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-FA Brand Website is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to the FA Brand Website, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with FA Brand. FA Brand may not even be aware that a third party has linked to the FA Brand Site.
Product Orders.
Fulfillment. Most product orders are shipped by a third party fulfillment service provider. Title to and risk of loss of product pass to you upon our delivery to the carrier. Delivery lead times vary, but most orders will be shipped within 10 working days. 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. Special rates apply to Hawaii and Alaska. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge.
Credit Card Information. You may be asked to supply certain information relevant to your purchase of product through the FA Brand Website, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant FA Brand the right to provide such information to our third party fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.
Pricing. Despite our best efforts, a small number of the items on our Web site may be miss-priced. Rest assured, however, that we verify 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. 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.)
Warranty. The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on the FA Brand Website. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Returns. Returns must have a prior return merchandise authorization (RMA) and may be subject to a restocking fee. Custom-made orders, discontinued items, items sold “as is” and clearance items may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return. All returns must be shipped within 30 days of delivery, must be returned unused, complete and in its original packaging and must be accompanied with a copy of the invoice. For your protection, we suggest all returns be sent back by a traceable carrier such as UPS or FedEx. FA Brand is not responsible for product lost in shipment.
Product Descriptions. We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
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 a FA Brand Website. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the US may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws 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 law.
Disclaimer of Warranties. FA BRAND, AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE FA BRAND WEBSITE “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. FA BRAND WEBSITE AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE FA BRAND WEBSITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THESE FA BRAND WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FA BRAND WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FA BRAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FA BRAND DOES NOT WARRANT THAT ANY FA BRAND WEBSITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FA BRAND, OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND 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 THE FA BRAND WEBSITES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE A FA BRAND WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF A FA BRAND WEBSITE, 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 A FA BRAND WEBSITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH A FA BRAND WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
Indemnification.You agree to indemnify, hold harmless, and defend FA Brand, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers 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 a FA Brand Website, including any data or work transmitted or received by you; and (iii) any prohibited use of an FA Brand Website.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. FA Brand 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 the FA Brand Website; (ii) suspend your access to or use of all or any portion of any FA Brand Website; and (iii) terminate this Agreement. Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10, shall survive any termination of this Agreement.
Miscellaneous.
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 Missouri, United States of America, without reference to conflicts of laws. If you access a FA Brand Website from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Missouri, United States of America, and you are solely responsible for compliance with all your local laws. Access to the FA Brand Website from locations where such Site’s contents may be unlawful is prohibited.
Forum. All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Jackson County, Missouri. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Jackson County, Missouri. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Jackson County, Missouri and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Jackson County, Missouri.
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.