TERMS OF SERVICE

ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction through your use of the Service, including applicable copyright and intellectual-property laws.

You must not transmit worms, viruses, malicious code or any material of a destructive nature. A breach or violation of these Terms may result in immediate termination of your access to the Services.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, excluding credit-card information, may be transferred unencrypted and may involve transmissions over various networks or technical changes required to connect networks or devices. Credit-card information is 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, access to the Service or contact through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience and will not limit or otherwise affect their interpretation.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not guarantee that information made available on this Site is accurate, complete or current. Material on this Site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting primary, more complete or more timely sources. Any reliance on material presented through the Site is at your own risk.

This Site may contain historical information that is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update information except where required by law.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify, suspend or discontinue the Service, or any part or content of it, at any time without notice.

To the maximum extent permitted by applicable law, we will not be liable to you or any third party for a modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are eligible for return or exchange only in accordance with our Refund Policy.

We make reasonable efforts to display product colors, textures, proportions and imagery accurately. We cannot guarantee that the display of any device will represent every color or product detail with complete accuracy.

We reserve the right, but are not obligated, to limit the sale 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 product quantities, revise product descriptions or pricing, or discontinue a product at any time. Any offer made through this Site is void where prohibited.

Product availability is not guaranteed until an order has been accepted and processed. Limited releases, exclusive allocations and high-demand products may be subject to additional purchase restrictions.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, customer account, payment method, billing address, shipping address or order.

These restrictions may apply to orders that appear to have been placed by dealers, resellers, distributors or through unauthorized automated purchasing methods.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address or telephone number supplied when the order was placed.

You agree to provide current, complete and accurate purchasing and account information. You also agree to promptly update your information so we can complete transactions and contact you when necessary.

Additional information concerning returns, exchanges and eligible refunds is available in our Refund Policy.

OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge that access to these tools is provided “as is” and “as available,” without warranties, representations or conditions of any kind and without endorsement.

Your use of optional third-party tools is entirely at your own risk and discretion. You should review and approve the applicable third party’s terms before using its tools.

Future Services, features, tools and resources offered through the website will also be subject to these Terms.

THIRD-PARTY LINKS

Certain content, products and Services available through our Service may include materials from third parties. Third-party links may direct you to websites that are not affiliated with FEROBRILL LLC.

We are not responsible for examining or evaluating the content, accuracy, policies, products or practices of any third-party website. We do not warrant and will not have liability for third-party materials, websites, products or Services.

Please review a third party’s policies and practices before entering into a transaction. Questions concerning third-party products or Services should be directed to the applicable third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, plans, contest entries, feedback or other materials collectively referred to as “Submissions,” you agree that we may use, reproduce, edit, publish, distribute, translate and otherwise use those Submissions in any lawful medium, subject to applicable law.

We are under no obligation to maintain unsolicited Submissions in confidence, provide compensation for them or respond to them.

We may monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable, or that violates these Terms.

Your Submissions must not violate any third-party right, including copyright, trademark, privacy, publicity or other personal or proprietary rights. They must not contain unlawful, abusive or obscene material, malware or misleading identification information.

You are responsible for the accuracy and legality of your Submissions. We assume no liability for content submitted by you or another third party.

PERSONAL INFORMATION

The submission, collection and use of personal information through the store are governed by our Privacy Policy.

Where applicable, you may also review or exercise certain rights through our Your Privacy Choices page.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service is inaccurate, subject to applicable law.

We have no obligation to update, amend or clarify information in the Service except where required by law. The presence of an update or refresh date does not establish that all information has been modified or updated.

PROHIBITED USES

In addition to other prohibitions stated in these Terms, you are prohibited from using the Site or its content:

• For any unlawful or unauthorized purpose.
• To solicit others to perform or participate in unlawful acts.
• To violate any international, federal, state or local law, regulation or ordinance.
• To infringe our intellectual-property rights or the intellectual-property rights of others.
• To harass, abuse, harm, defame, intimidate or unlawfully discriminate against another person.
• To submit false or misleading information.
• To upload or transmit viruses, malware or other malicious code.
• To collect or track the personal information of others without lawful authorization.
• To spam, phish, pharm, pretext, spider, crawl or scrape the Site.
• To interfere with or circumvent the security features of the Service, related websites or the internet.
• To use automated systems to purchase products, interfere with limited releases or disrupt fair product access.

We reserve the right to terminate your access to the Service for violating any prohibited use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained through the Service will always be accurate or reliable.

You agree that we may remove the Service for indefinite periods or cancel the Service at any time, subject to applicable law.

To the maximum extent permitted by law, your use of or inability to use the Service is at your sole risk. The Service and all products and Services delivered through the Service are provided “as is” and “as available,” except as expressly stated by us or required by law.

To the maximum extent permitted by applicable law, FEROBRILL LLC and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, lost data or replacement costs arising from your use of the Service or products obtained through it.

Some jurisdictions do not permit certain warranty exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by applicable law. Nothing in these Terms excludes rights that cannot lawfully be excluded.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless FEROBRILL LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands, including reasonable attorneys’ fees, arising from your material breach of these Terms, violation of applicable law or violation of a third party’s rights.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

TERMINATION

The obligations and liabilities incurred by the parties before the termination date will survive termination where their nature requires them to do so.

These Terms remain effective unless terminated by you or us. You may terminate these Terms by notifying us that you no longer wish to use the Services or by ceasing your use of the Site.

If, in our reasonable judgment, you fail or we suspect that you have failed to comply with these Terms, we may terminate or suspend your access to the Service. You will remain responsible for amounts lawfully due through the date of termination.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us in connection with the Service constitute the entire agreement between you and FEROBRILL LLC concerning your use of the Service. They supersede prior or contemporaneous agreements, communications and proposals concerning that use.

Any ambiguity in the interpretation of these Terms will not automatically be construed against the party responsible for drafting them.

GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws of the United States, without regard to conflict-of-law principles.

CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms by posting revisions to the website. Where required by law, we will provide additional notice.

The “Last updated” date at the beginning of this page identifies when these Terms were most recently revised. Your continued use of the website or Service after changes become effective constitutes acceptance of the revised Terms.