Conditions of Use
These Terms and Conditions (“Terms,” “Terms and Conditions”) govern your relationship with https://www.ferndalesafety.com website (the “Service”) operated by Ferndale Safety (“us,” “we,” “our,” or “ours”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
Suppose you wish to purchase any product or service made available through the Service (“Purchase”). In that case, you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
When you visit us or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ferndale Safety or its content suppliers and protected by international copyright laws. The compilation of all content on this site is our exclusive property, with copyright authorship for this collection by Ferndale Safety and protected by international copyright laws.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Ferndale Safety or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ferndale Safety or its subsidiaries.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it except with our express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ferndale Safety and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ferndale Safety’s name or trademarks without the express written consent of Ferndale Safety. Any unauthorized use terminates the permission or license granted by Ferndale Safety. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ferndale Safety so long as the link does not portray Ferndale Safety, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ferndale Safety logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the involvement of a parent or guardian. Ferndale Safety and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the card’s origin or other content. We reserve the right (but not the obligation) to remove or edit such content but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensee right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our associates and sublicensees the right to use the name that you submit about such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content you post: that the content is accurate: and that use of the content you supply does not violate this policy. It will not cause injury to any person or entity: and you will indemnify Ferndale Safety or its associates for all claims resulting from the content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content you or any third party posted.
RISK OF LOSS
All items purchased from Ferndale Safety are made pursuant to a shipment contract. This means that the risk of loss and title for such items will pass to you upon our delivery to the carrier.
Ferndale Safety and its associates attempt to be as accurate as possible. However, Ferndale Safety does not warrant those product descriptions, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ferndale Safety itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FERNDALE SAFETY ON AN “AS IS” AND “AS AVAILABLE” BASIS. FERNDALE SAFETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FERNDALE SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. FERNDALE SAFETY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM FERNDALE SAFETY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FERNDALE SAFETY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Ferndale Safety, you agree that the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ferndale Safety or its associates.
Any dispute relating in any way to your visit to our website or to products you purchase through us shall be submitted to confidential arbitration in Quebec, Canada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek an injunction or other appropriate relief in any state or federal court in the province of Quebec, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Fully permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to our website. We reserve the right to change our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.