3. FilzFelt Shop Selling Policy
5. Disclaimers of Warranties
Web Site. THIS WEB SITE IS PROVIDED BY US “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Products, Programs and Services. Products, programs and services sold by FilzFelt, or its affiliates through the FilzFelt Web Site are subject to the terms, warranties and representations, if any, outlined in the FilzFelt Selling Policy. Unless otherwise expressly provided for in the FilzFelt Selling Policy, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. Furthermore, termination, return or cancellation of any product, program or service and refunds, if any, are governed by the applicable FilzFelt Selling Policy.
THESE DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE FILZFELT WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
6. Limitation of Liability
Web Site. NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE FILZFELT WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE FILZFELT WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE FILZFELT WEB SITE EXCEED US$100.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE FILZFELT WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
(a) This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
(b) You may only provide a hypertext link to the FilzFelt Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked “FilzFelt.com” or “www.FilzFelt.com”; (b) the link must “point” to the URL “www.FilzFelt.com” and not to other pages within the FilzFelt Web Site; (c) the link, when activated by a user, must display the FilzFelt Web Site full-screen and not within a “frame” on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
8. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the FilzFelt Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the FilzFelt Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks or “spam” or similar unsolicited mass e-mailing techniques.
9. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site and your purchase of the items on the site. You must be 18 years or older to use this web site.
10. User Content, User Communications, Feedback and Submissions
(A) Interactive Areas. Our website may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with the FilzFelt Website, you agree not to submit, publish, distribute, or transmit through the FilzFelt Website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. You also agree that you will not submit, publish, distribute, or transmit anything through this web site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the FilzFelt Web Site and we are not liable for any information posted on the FilzFelt Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the FilzFelt Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people’s information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by FilzFelt or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release FilzFelt, and its licensees, successors and assigns, from any claims that you could otherwise assert against FilzFelt by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
(F) User Content submitted by you will be considered non-confidential and FilzFelt is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, FilzFelt reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FilzFelt is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to FilzFelt. FilzFelt shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
11. Product Information, Sales, Availability, Payment and Returns
All prices displayed on this web site are quoted in U.S. dollars and are valid and effective only in the United States. We charge sales tax on all shipments delivered to addresses within the following states: California, Colorado, Connecticut, Florida, Iowa, Illinois, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, Texas, and Washington.
We reserve the right without prior notice to discontinue or change specifications and prices on products, programs and services offered on this web site without incurring any obligations (although changes to specifications and pricing will not affect orders placed prior to the change). All products displayed on this web site are available while supplies last. Furthermore, not all products, programs and services are available in all areas. Please confirm availability prior to purchasing any product, program or service. We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock, does not conform to specifications, or is advertised or shipped in error. We reserve the right to limit the order quantity on any item and/or refuse service to any customer without prior notification. Please note that while we have tried to accurately display the appearance of products, the actual colors and images you see will depend on your monitor and may not be accurate. Descriptions of, or references to, products or services on the FilzFelt Web Site do not imply endorsement of that product, program or service, or constitute a warranty, by us. If you are having a problem with product, program or service purchased through the FilzFelt Web Site, please refer to the procedures outlined in the FilzFelt Selling Policy. If an exception to the FilzFelt Selling Policy applies to a particular product, program or service, it will be noted on the corresponding page of the FilzFelt Web Site. You should carefully review the FilzFelt Selling Policy before purchasing products, programs or services from us.
13. Termination of Usage
15. Governing Law and Jurisdiction
16. State Specific Legal Notices
Upon your request, you may have this Agreement sent to you by e-mail. Please feel free to contact FilzFelt to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, or contacting our customer service department at 716.446.2380.
17. Other General Provisions
18. How to Contact Us
FilzFelt, a division of Spinneybeck Enterprises, Inc.
425 Crosspoint Parkway
Getzville NY 14068