Welcome to www.forneyind.com (the “Site”). Forney Industries, Inc. and its affiliates and subsidiaries (collectively, “Forney”, “we”, “us” and “our”) provide this Site subject to the following terms of use (“Terms of Use”). Please read these Terms of Use carefully. By accessing and/or using this Site you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use.
Forney may change, modify or otherwise alter these Terms of Use in its sole discretion at any time, with or without notice to you. You must review these Terms of Use on a regular basis to keep yourself apprised of any such changes. By using this Site after any such changes have been made, you agree to comply with, and to be bound by, the modified Terms of Use and all such changes.
1.SITE CONTENT; USE OF THE SITE
The Site and the content, including, but not limited to, text, software, scripts, graphics, photos, interactive features and other materials, as well as the selection and arrangement thereof (collectively, the “Site Content”) are owned by or licensed to Forney, subject to copyright and other intellectual property rights under the law. You may access Site Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these Terms of Use. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Site Content for any other purposes without the prior written consent of Forney or the respective licensors of the Site Content. Forney and its licensors reserve all rights not expressly granted in and to the Site and the Site Content.
Forney hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site as set forth in these Terms of Use, provided that you do not:
- use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
- in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or Site Content;
- violate the security of the Site or attempt to gain unauthorized access to the Site, Site Content, computer systems or networks connected to any server associated with this Site, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Site Content or other information prior to the time that it is intended to be available to the public on the Site; or
- take or attempt any action that, in Forney’s the sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or our infrastructure.
Forney reserves the right to terminate your access to the Site or remove or edit Site Content for any reason, in its sole discretion. These Terms of Use will remain in full effect even after your access is terminated. Termination of your access or use will not waive or affect any other right or relief to which Forney may be entitled, at law or in equity.
2.PRIVACY POLICY
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at www.forneyind.com/privacy-policy. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.
3.MEMBERSHIP AND REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Site Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Site Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice and without liability.
4.CONTENT YOU SUBMIT
You may submit content, such as questions and product information, to Forney through the Site (“User Content”). If you submit User Content to Forney through the Site, you shall be solely responsible for such content and the consequences of submitting such content. All User Content submitted by you in connection with the Site shall be and remain the property of Forney. Forney is under no obligation to: (a) maintain the confidentiality of any of User Content; (b) pay to you any compensation for User Content you submit; or (c) respond to any questions or other User Content you submit through the Site.
You acknowledge and agree that if we respond to questions or other User Content you submit, such responses are for informational purposes only and may not be relied upon for any business or legal purpose. Responses and other Site Content provided by Forney are not intended to be a substitute for professional maintenance, repair, operations and technical advice. Forney is not responsible for your reliance on any responses or other Site Content provided on or through the Site.
When you submit questions or other User Content to Forney through the Site, send emails to Forney, or otherwise use the Site, you are communicating with Forney electronically. You consent to receive electronically any communications related to your use of this Site. Forney will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
5.SALES
[All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law.]
All orders from authorized dealers are subject to a freight surcharge of $5.75.
6.SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
7.LINKS
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Forney. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different Terms of Use and privacy policies may apply to your use of any linked sites or resources. Forney is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
8.YOUR WARRANTIES
You represent and warrant that: (a) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms of Use on your behalf; (b) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use; and (c) by purchasing items from us, you acknowledge and represent that you are authorized to use the payment card or other method of payment used for such purchases.
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.
9.DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. FORNEY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FORNEY and its officers, directors, employees, and agents EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) any warranties of noninfringement, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE is SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE or provided by forney WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IF YOU DOWNLOAD ANY SITE CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
10.LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (inlcuding consumer protection laws), NEITHER FORNEY NOR ITS licensors WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (i) THIS SITE or site content, OR ANY OTHER SITE or resource YOU ACCESS THROUGH A LINK FROM THIS SITE; (ii) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (iii) ANY DELAY OR INABILITY TO USE THE SITE OR ANY other INFORMATION OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING RESPONSES TO QUESTIONS YOU SUBMIT; (iv) THE MODIFICATION, REMOVAL OR DELETION OF ANY user CONTENT or other content SUBMITTED to FORNEY THROUGH the SITE; OR (v) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FORNEY IS TO DISCONTINUE YOUR USE OF THE SITE.
11.INDEMNIFICATION
You agree to defend, indemnify and hold harmless Forney and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit to the Site caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
12.TERM AND TERMINATION
Forney reserves the right to terminate your access to and use of the Site or any of its features in its sole discretion, without notice and liability, including, without limitation, if Forney believes your conduct fails to conform to these Terms of Use or any additional terms. Forney also reserves the right to investigate suspected violations of these Terms of Use. Any violation of these Terms of Use may be referred to law enforcement authorities.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Sote, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Forney will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
13.RELATIONSHIP OF THE PARTIES
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Forney.
14.ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Forney without restriction.
15.GENERAL
These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Forney that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado. These Terms of Use, together with the Privacy Policy at www.forneyind.com/privacy_policy and any other legal notices published by Forney on the Site, shall constitute the entire agreement between you and Forney concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Forney’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND FORNEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
16.HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or the Site, you may call us at 1-800-521-6038 or you may email us at customerservice@forneyind.com. You also may write to us at:
Forney Industries, Inc.
Attn: [specify business function]
2057 Vermont Ave
Fort Collins, CO 80525