Overview
This website is operated by Factory-mall. Throughout the site, the terms
we
,
us
, and
our
refer to
Factory-mall. Factory-mall offers this website, including all information, tools and services available from
this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing something from
us, you engage in our
Service
and agree to be bound by the following terms and conditions (
Terms of Service
,
Terms
),
including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
SECTION 1
Online Store Terms
By agreeing to these
Terms of Service, you represent that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any
code of a destructive nature. A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2
General Conditions
We reserve the right to refuse service to anyone for any reason at
any time.
You
understand that your content (not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3
ACCURACY,
COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on this site is at your own
risk.
This
site may contain certain historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4
MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5
PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be
available exclusively online through the website. These products or services may have limited quantities
and are subject to return or exchange only according to our Return Policy.
We have made every effort to display
as accurately as possible the colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6
ACCURACY OF BILLING AND
ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event that we make a change to or cancel an order,
we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review
our
Shipping and Returns Policy
.
SECTION 7
OPTIONAL TOOLS
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.
You acknowledge
and agree that we provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional
tools offered through the site is entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future,
offer new services and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8
THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites. Please
review carefully the third-party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9
USER COMMENTS,
FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain
any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10
PERSONAL INFORMATION
Your submission of personal information through the store is governed
by our
Privacy Policy
.
SECTION 11
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
SECTION 12
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g)
to upload or transmit viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
SECTION 13
DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use
of the service will be accurate or reliable.
You agree that from time to time we may remove the service
for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Factory-mall, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the
service or any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Factory-mall and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service,
such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16
TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18
GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in accordance with the laws of United
States.
SECTION 19
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@Factory-mall.com
.