Terms of Use

Introduction

Welcome to www.feitdirect.com (the "Site"), owned and operated by FEIT Industries LLC (“FEIT” or “we” or “us”). These Terms of Use (the “TOU”) apply to your view or use of the Site through any location, including but not limited to FEIT affiliated domains, where the TOU are posted (collectively, the “Sites”). By viewing or using our Site, you agree to these TOU, and those posted by us from time to time. FEIT reserves the right to amend, change or modify these TOU at any time, with or without notice to you. No modification to these TOU by any party other than FEIT shall be valid or enforceable against FEIT unless expressly agreed to by FEIT in a writing signed by an authorized FEIT representative. Your continued use of the Sites after any changes or revisions to these TOU become effective shall indicate your agreement with the terms of such revised and then-current TOU. You may be accessing our Site from a computer or mobile phone device and these TOU govern your use of the Site regardless of how you access it. This Site is operated from our offices located in New York, NY, USA. We make no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. To the fullest extent permissible by applicable law, those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws

Privacy policy

All of the information that we collect from you and all of the information that you provide us (including but not limited to personally identifiable information) is subject to the Privacy Policy linked on the home page of our Site, to the fullest extent permissible by applicable law. These TOU incorporate by reference the terms and conditions of the Privacy Policy.

Site transactions

FEIT reserves the right to refuse, in its sole discretion, any order placed on the Site to the fullest extent permissible by applicable law. FEIT further reserves the right to change or modify any order placed on the Site to the fullest extent permissible by applicable law. In the event any order is cancelled or changed, FEIT will attempt to notify you of such cancellation or change, however, FEIT does not guarantee that you will receive such notice.

Accuracy, product information, and shipping

The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site is timely and correct; however, errors such as typos, inaccuracies or omissions related to product descriptions, pricing, promotions, offers and availability, may appear from time to time. We reserve the right to the fullest extent permissible by applicable law to correct any such errors and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (this may occur after you have submitted your order). We further reserve the right to the fullest extent permissible by applicable law to discontinue or change specifications and prices on products and services offered on the Site without prior notice. Any merchandise displayed on the Site is available while supplies last. Your receipt of an order confirmation does not constitute FEIT’s acceptance of an order. If your credit card has already been charged for a purchase and your order is canceled, FEIT shall issue you a refund to your credit card account.

You will receive a shipping confirmation email once your items have shipped. We want to be sure that you are happy with your purchase, therefore, please carefully review the return policy posted on the Site.

Prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

International shipping with Pitney Bowes

You hereby authorize Pitney Bowes Inc. and/or its service providers to act as your agent to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on your behalf, including, but not limited to, arranging for the importation of each commodity ordered by you, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. You further authorize the customs brokers and/or freight forwarders selected by Pitney Bowes to make, endorse, sign, declare and/or swear to any customs entry, withdrawal, declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the importation and/or transportation of the commodity that is shipped or consigned to you or your designee for shipment out of the United States and into any other country. You understand, and agree, cost quotes are best estimates and may not always reflect the actual cost to Pitney Bowes Inc. You will incur no additional charges or refunds for the difference between the quotes and the actual cost to Pitney Bowes Inc. Pitney Bowes Inc.'s services are intended for merchandise that is not being delivered for resale purposes.

Colors

Please note that while we have tried to accurately display the colors of products, the color may appear different in person due to factors such as the settings you have selected for the device on which you are viewing the Site.

Ownership of site content

Unless otherwise stated, the text, copy, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of FEIT, all rights reserved. Except where such permission is specifically granted in writing, FEIT does not authorize you to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download to your computer for viewing such copyrighted material for your personal and non-commercial use only. Except as otherwise expressly permitted under copyright or other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FEIT and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. FEIT grants you no express or implied rights by way of your permitted downloading of copyrighted material.

Restrictions on your use

Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant that you will not use this Site or the items purchased on this Site for any purpose that violates applicable laws, statutes, ordinances and regulations or is prohibited by these TOU. To the fullest extent permissible by applicable law, you are prohibited from: (a) modifying the Site Content, in whole or in part; (b) using the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de-compiling, reverse engineering, or disassembling software materials; (d) removing any copyright notice or other proprietary notices from the Site Content; or (e) assigning, transferring or exporting, or attempting to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.

Third party content

The Site may contain links to other websites, however, to the fullest extent permissible by applicable law, FEIT assumes no responsibility for the content on or related to third party websites, nor does FEIT guarantee the performance of goods and services provided by any third party. To the fullest extent permissible by applicable law, you further agree that FEIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, any third party website. Any links on this Site are designed for convenience only, and do not constitute an endorsement by FEIT of that site, its owner or host, or the products or services offered or listed on such site.

Disclaimer of warranties

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FEIT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (THE “FEIT PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE, ALL CONTENT AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAWS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT THE FEIT PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FEIT PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR LOSS OF DATA, LOSS OF PROFITS OR BUSINESS INTERRUPTION, EVEN IF SUCH FEIT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. THE EXCLUSIONS AND LIMITATIONS STATED HEREIN ARE ENFORCEABLE IN THE STATE OF NEW JERSEY; HOWEVER, SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH STATES, AS WELL AS THE STATE OF NEW JERSEY, THE LIABILITY OF THE FEIT PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Injunctive relief

To the fullest extent permissible by applicable law, you acknowledge that any use of the Site except as expressly permitted by these TOU without FEIT’s prior written consent will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Content you post

FEIT welcomes comments and feedback from its customers, however, it is our policy not to accept or consider unsolicited creative ideas, suggestions, proposals, plans or other material. Please note that if you do submit such unsolicited creative works, or any materials at our invitation (for example contest entries or reviews), such submissions shall be subject to these TOU to the fullest extent permissible by applicable law. By submitting material to any public area of the Site, including but not limited to product reviews, you automatically grant (or warrant that the owner of such material has expressly granted) FEIT the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicenseable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, to the fullest extent permissible by applicable law. You also permit to the fullest extent permissible by applicable law any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant FEIT the right to edit, copy, publish and distribute any material made available on the Site by you to the fullest extent permissible by applicable law. You hereby waive any right of inspection or approval of submitted materials as used and distributed by FEIT to the fullest extent permissible by applicable law.

You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, including copyright, trademark, or other proprietary right, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FEIT’s express prior approval, contains advertising or any solicitation with respect to products or services. You represent and warrant that you own or otherwise control all materials you submit to FEIT.

Any conduct by you that in FEIT’s sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services, whether or not such other services are competitive with this Site. FEIT shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these TOU or any operating rules established by FEIT and to satisfy any law, regulation or authorized government request. FEIT shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site to the fullest extent permissible by applicable law. Without limiting the foregoing, FEIT shall have the right to remove, at any time and without notice to you, any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Copyright complaints

We respect the intellectual property rights of others and as such, require anyone who uses our Site to comply with these TOU and all applicable laws regarding intellectual property. If you believe that any content shown or transmitted through the Site violates these TOU or your copyright please report the violation. Any copyright violation claim must include the below elements in order to be effective:

A description of the copyrighted work or intellectual property allegedly infringed A description of where the allegedly infringing material is located on the Site (including the URL) An address, telephone number and email where you may be contacted A statement that you have a good faith belief that the use is not authorized by the intellectual property rights holder A statement by you under penalty of perjury that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner’s behalf A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right Title 17, U.S. Code, Section 512(c)(2) provides that notices of claimed copyright infringement must be sent to a designated agent. All notices to FEIT should be addressed as follows:

FEIT
Attention: Legal Department, Copyright Agent
131 Varick Street, Suite 915
New York, NY 10013
info@feitdirect.com

It is often difficult to determine whether intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.

Indemnification

To the fullest extent permissible by applicable law, you agree to defend, indemnify and hold the FEIT Parties harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your violation of any provision of these TOU.

Account responsibility

If you elect to create an account on the Site, you agree to provide true, accurate, current and complete information about yourself. To the fullest extent permissible by applicable law, you are solely responsible for protecting the security of your username and password in your possession. To the fullest extent permissible by applicable law, you are solely responsible for all actions and transactions performed using your username and password whether or not such use was authorized by you. To the fullest extent permissible by applicable law, FEIT reserves the right to at any time, with or without notice, terminate your user account for any reason or no reason at all.

Termination

These TOU constitute an agreement that is effective unless and until terminated by FEIT, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive to the fullest extent permissible by applicable law.

General terms

To the fullest extent permissible by applicable law, this Site and its use shall be governed by the substantive laws of the State of New York and the United States of America. To the fullest extent permissible by applicable law, any rights not expressly granted herein are reserved by FEIT. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. To the fullest extent permissible by applicable law, failure of FEIT to enforce a right under these TOU will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, FEIT may assign these TOU, in whole or in part, at any time with or without notice to you. You may not assign these TOU, or any part of these TOU, to any other party, and any attempt to do so will be void. FEIT enters into these TOU on behalf of itself and its worldwide affiliates, and may enforce these TOU on behalf of those affiliates to the fullest extent permissible by applicable law. The above stated rules represent the entire understanding between each user of this Site and FEIT, regarding the subject matter hereof and supersedes any prior statements or representations or agreements.

Questions

If you have questions about these TOU, please feel free to send us an e-mail at info@feitdirect.com.