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FumblinFoe.net Terms of Use
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Welcome to FumblinFoe.net
("Site"). Please review the following terms of service that govern
your use of the Site (the "Agreement"). Please be aware that your
use of the Site constitutes your agreement to be bound of the following:
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FUMBLINFOE.NET. ("Fumblin¡¯ Foe, Inc.") hosts this Web site, WWW.FUMBLINFOE.NET, and (the
Web Site") and performs customer care and fulfillment services.
FUMBLINFOE.NET. administers FUMBLINFOE.NET's content and postings.
FUMBLINFOE.NET. is hereinafter referred to as "we" or "us".
PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE
USING OUR WEB SITE (FUMBLINFOE.NET). YOUR USE OF THIS WEB SITE CONFIRMS YOUR
UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1) PRODUCTS, CONTENT, SPECIFICATIONS. All features, content, products, prices,
and specifications of products and services described or depicted on this Web
Site are subject to change at any time without notice. Measures, weights and
similar descriptions are approximate and are therefore provided for convenience
only. We make all efforts to accurately display information about our products,
including applicable colors; however, the actual color you will see on your
computer screen will depend on your computer system and we cannot guarantee
that your computer will accurately display such colors. The inclusion of any
products/services within this Web Site at a particular time does not imply or
warrant that these products/services will be available at any time. 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 via our Web Site. By placing an
order, you represent that the products ordered will be used only in a legal and
law-abiding manner.
2) ACCURACY OF INFORMATION. We attempt to ensure that information on
FUMBLINFOE.NET is complete and current. Despite our efforts, information may
occasionally be inaccurate, incomplete or outdated. We make no representation as to the completeness, accuracy or currency
of information on FUMBLINFOE.NET. For example, products included on
FUMBLINFOE.NET may be unavailable, have different attributes than those listed,
or carry a different price than what is listed on our Web Site. We reserve the
right to make changes in information about price and availability without
notice. While it is our practice to confirm orders by email, the receipt of an
email order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product/service. We reserve the right,
without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
3) SHIPPING LIMITATIONS. When an order is placed, it will be shipped to an
address designated by the purchaser as long as that shipping address is
compliant with shipping restrictions contained on this Web Site. All purchases
from FUMBLINFOE.NET are made pursuant to a shipment contract. Risk of loss and
title for items purchased from this Web Site pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with carriers
for damaged and/or lost shipments.
4) USE OF FUMBLINFOE.NET. The design and all design elements of our Web Site,
FumblinFoe.net including text, graphics,
information, content, and other material displayed on or downloadable from our
Web Site are either the property of, or used with permission by, FUMBLIN¡¯ FOE
and are protected by copyright, trademark and other laws and may not be used
except as permitted in these Terms and Conditions or with the prior written
permission of the owner of such material. You may not in any way reproduce or
publicly display or distribute or otherwise use any such materials from
FUMBLINFOE.NET for any public or commercial purpose. Unauthorized use of any
such information or materials may violate copyright laws, trademark laws, laws
of privacy and publicity, and other laws and regulations. You are solely
responsible for maintaining the confidentiality of your account information and
password and for restricting access to such information and to your computer.
You agree to accept sole responsibility for all activities that occur under
your account or password.
5) TRADEMARKS. Certain trademarks, trade names, service marks and logos used or
displayed on FUMBLINFOE.NET are registered and unregistered trademarks, trade
names and service marks of us and our affiliates. Other trademarks, trade names
and service marks used or displayed on FUMBLINFOE.NET are the registered and
unregistered trademarks, trade names and service marks of their respective
owners. Nothing contained on FUMBLINFOE.NET grants or should be construed as
granting any license or right to use any trademarks, trade names, service marks
or logos displayed on this Web Site without our written permission.
6) LINKING TO FUMBLINFOE.NET. Creating or maintaining any link from another Web
site to any page on FUMBLINFOE.NET without our prior written permission is
strictly prohibited. Running or displaying FUMBLINFOE.NET or any material
displayed on FUMBLINFOE.NET in any way, shape, or form on another Web site
without our prior written permission is also strictly prohibited. Any permitted
links to FUMBLINFOE.NET must comply with all applicable laws, rule and
regulations.
7) THIRD PARTY LINKS. FUMBLINFOE.NET may occasionally contain links to Web
sites that are not owned, operated or controlled by us or our affiliates. All
such links are provided solely as a convenience to you. If you use said links,
you will leave our Web Site. Neither we nor any of our affiliates are
responsible for any content, materials or information located on or accessible
from or via any other Web site. Neither we nor any of our affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web
Site, or any content or information located or accessible from or via such Web
sites, or any results that you may obtain from using said third party Web
sites. If you decide to access any other Web site linked to or from this Web
Site, you do so entirely at your own risk, and FUMBLIN¡¯ FOE is free of any
responsibility regarding any consequences that may happen as a result.
8) INAPPROPRIATE MATERIAL. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute/encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that we may have at law or in
equity, if we reasonably determine that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we deem reasonable
and necessary to cure or prevent the violation, including the immediate removal
from FUMBLINFOE.NET of such materials. We will fully cooperate with all law
enforcement authorities or any court order or subpoena requesting/directing us
to disclose the identity of anybody posting such materials.
9) USER INFORMATION. Other than personally identifiable information, which is
subject to this FUMBLINFOE.NET's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication that you transmit or post to FUMBLINFOE.NET in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. We, each of our affiliates and/or our designees may use
any/all User Communications for any purpose whatsoever, including, without
limitation, reproduction, development, transmission, disclosure, broadcast,
publication, manufacturing and-or marketing in any manner whatsoever for any or
all commercial or non-commercial purposes. We may, but are not obligated to,
monitor or review any User Communications. We shall have no obligation to use,
return, review, or respond to any User Communications. We will have no
liability related to the content of any such User Communications, whether or
not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. FUMBLIN¡¯ FOE retains the right to remove any/all User Communications
that includes any material we deem inappropriate, unacceptable, or contrary to
our sense of decorum.
10) DISCLAIMERS. YOUR USE OF FUMBLINFOE.NET IS AT YOUR RISK. THE MATERIALS AND
SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB
SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF
DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME
ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES
PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF
ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
DUE TO NORMAL WEAR, ABUSE, PRODUCT MISUES OR
MODIFICATION, IMPROPER PRODUCT SELECTION, MISAPPROPRIATION, OR NON-COMPLIANCE
WITH CODES. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
11) LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other related property caused by or arising
from your access to, use of, or browsing FUMBLINFOE.NET or your
downloading of any FUMBLINFOE.NET materials. IN NO EVENT WILL WE, OUR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT
CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION, HOSTING OR TRANSMISSION OF THIS WEB SITE,
FUMBLINFOE.NET,BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB
SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH FUMBLINFOE.NET OR ANY OF ITS RELATED CONTENT,
YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT
OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH FUMBLINFOE.NET, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH
SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON FUMBLINFOE.NET.
12) REVISIONS TO THESE TERMS AND CONDITIONS. You fully understand that FUMBLIN¡¯
FOE may revise these Terms and Conditions and update this posting at any time.
You are advised to visit this page every so often to review the current/updated
Terms and Conditions because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by expressly designated legal notices or
terms located elsewhere on FUMBLINFOE.NET.
13) CHOICE OF LAW; JURISDICTION. These Terms and Conditions supersede any other
agreement between you and us to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions will be
governed by and construed in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of laws. A printed version of
these Terms and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
14) TERMINATION. We may suspend or
terminate your account or your access to FUMBLINFOE.NET at any time, for any
reason we desire. You are personally liable for any orders that you place or
charges that you incur prior to termination. We reserve the right to change,
suspend, or discontinue all/specific aspects of this Website at any time without any notice.
15) FOR FURTHER ASSISTANCE/EXPLANATION. If you do not understand any of the
foregoing Terms and Conditions, or if you have any further inquiries, please
forward your questions/comments to SHOP@FUMBLINFOE.NET.