Last Updated: 4 January 2017
These Terms of Sale apply to the purchase and shipping of Furrion® goods (“Goods”) in the United States through the website www.furrion.com (the “Website”).
By submitting an order through the Website, you acknowledge and confirm your unconditional acceptance of:
1. Pricing. All prices are shown in U.S. dollars. Taxes, shipping, handling and other charges are additional and are paid by you. All prices are subject to change without notice.
2. Unavailability of Goods. Goods are subject to availability.
3. Errors. We do not guarantee that Goods, product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. None of the material found on our Website is to be relied upon as a statement or representation in relation to the Goods. We reserve the right to correct any errors and revise your order if necessary or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
4. Payment Terms. Only valid debit or credit cards or other payment methods acceptable to Furrion may be used and all refunds will be credited to the same card or, at our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated debit or credit card or other payment method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Website and in these Terms of Sale) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
5. Shipping and Handling. You agree to pay the shipping and any handling charges shown on the Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Furrion does not guarantee shipping times.
6. Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-marketing communications, via text message or telephone, including the use of pre-recorded or auto-dialled calls, using that number.
7. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You also agree that you will not obtain or direct shipment of Goods for export. Furrion Goods are only distributed in its authorized resellers’ stores. Furrion sells and ships products through the Website to end user customers only. You must not misrepresent yourself as being one of Furrion’s authorized resellers or as being qualified to resell Furrion Goods. Furrion reserves the right to refuse to accept any Customer’s Order, if it suspects that a Customer is purchasing Furrion Goods for resell.
The Furrion trademarks including, but not limited to, Furrion® and Living Luxury® shown on the Website and owned by Furrion or any parent, subsidiary and associate company of Furrion (“Furrion Group”) are trademarks and/or registered trademarks in the United States and other countries (collectively, the “Furrion Trademarks”). Unless otherwise provided by applicable laws or regulations, the Furrion Trademarks may not be used in any manner other than expressly authorized in a written agreement.
All content, except for User Content (defined below), displayed on or through the Website including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to Furrion, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
Unless otherwise provided by applicable laws and regulations, any questions, comments, reviews, or other information submitted to Furrion through the Website by any means (including, but not limited to, any public area or through the “contact us” section) shall be deemed non-confidential and Furrion shall be free to use, reproduce, disclose and distribute in any manner without limitation.
By posting or transmitting messages, text, files, images, photos, video, sounds, or other materials to any public area of the Website including, but not limited to, the “Review” section (“User Content”), you agree to all of the following terms:
You hereby grant to Furrion an irrevocable, royalty-free, fully paid, perpetual, worldwide license to use, copy, perform, display, prepare derivative works of and otherwise distribute the User Content, to sublicense the foregoing and you hereby grant all rights necessary to prohibit any subsequent publication, copying, reproduction or exploitation of the User Content by any party for any purpose whatsoever. Furrion may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Furrion and the Website.
You promise that: you own all rights to your User Content or, alternatively, that you have the right to give Furrion the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
You shall not take any action or post anything that may expose Furrion or other users to any harm or liability of any type. You are solely responsible for the User Content you post and your interactions with other users. You shall not post content, or a link to a website, that is illegal, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You shall not post personal or confidential information. You shall not collect or solicit personal information.
You shall not post any advertising, solicitation or commercial content whatsoever on the Website. You shall not post nor use the Website to send any content that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
Furrion may not pre-screen the User Content. Furrion does not guarantee this Website will be free from content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Furrion reserves the right to monitor, edit, remove, or refuse to post or publish any User Content at its own discretion at any time and for any reason. Even in the event Furrion chooses to monitor the User Content, Furrion shall not assume any liability for the User Content. You agree that you must bear all risks associated with the use of any User Content and that under no circumstances will Furrion be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. Furrion is merely acting as a passive channel for such distribution of the User Content and is not undertaking any obligation or liability relating to any User Content.
You may only register a Furrion account (“Account”) on the Website if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to register an Account. By registering an Account, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and login credentials and for all activities that occur on or through your Account, and you agree to immediately notify Furrion of any security breach of your Account or login credentials. Furrion shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with and as you use your Account and you agree to update your Account information to keep it accurate and complete. You agree that Furrion may store and use the information and data you provide during the registration of your Account for use in maintaining and billing fees to your Account. Do not use or attempt to use another person's Account, username or password.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Website has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Furrion to locate the material on the Website;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Furrion’s agent for receipt of notifications of claimed infringement: [email protected]
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your Account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Certain parts of the Website may contain confidential information. A valid user name and password are required to access these areas. Access by unauthorized persons, and unauthorized use or disclosure of Furrion confidential information, may be a violation of Furrion’s rights and is strictly prohibited. By accessing Furrion’s confidential information, you agree to keep this information confidential. If you are authorized to access such areas of the Website, you also agree to treat this confidential information with a degree of care which is of at least as high a degree as that which you apply to your most confidential information, but in no event less than a reasonable degree of care, and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Furrion, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Website are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Furrion is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Furrion is under no obligation to become involved. In the event that you have a dispute with any other user of the Website, you hereby release Furrion Group, and its officers, directors, shareholders, employees, agents, and successors (“Released Parties”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE.
THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.
As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FURRION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, some of the foregoing limitations may not apply.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Furrion will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Furrion may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Furrion’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
For further information please contact Furrion’s Legal Department - [email protected]