Terms and Conditions of Use Agreement
1. Order Verification/Fraud Prevention
In order to protect against fraudulent activity, RealFyreStore.com must verify the billing and shipping address. Please be certain to provide your exact billing address and phone number (the address and phone number your credit card's issuing bank has on file). Incorrect information will cause a delay in the processing time.
For your protection against fraud, if your shipping address is different than your billing address (where you receive your credit card statement), RealFyreStore.com requires color photos of your driver’s license and the credit card used for the purchase including the bank phone number on your card. Please email these to: security@FireplaceandGrill.com or text them to 561-614-2555.
2. Acceptance Of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
3. Copyrighted Material
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to our site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. All product photos are the sole property of Internet Resource Group, Inc. DBA, RealFyreStore.com and are listed and registered with the United States Copyright Office. The copying, redistribution, use or publication of any part of the site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by RealFyreStore.com at its sole discretion. If membership has been revoked, RealFyreStore.com reserves the right to refuse application or readmission to the membership program.
5. Limited Right To Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
6. Editing, Deleting And Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
The warranty information from or through the site are provided "as-is," "as available," and all warranties, expressed or implied, are disclaimed. Any and all warranties for any item we sell are approved and/or declined by the manufacturer, RH Peterson. RealFyreStore.com is not responsible for any warranty that is denied by the manufacturer for any reason, including customer misuse, lack of normal maintenance or non-existent or incomplete serial numbers. The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. in particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information
11. Use Of Information
12. Third-Party Services
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
13. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
16. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
17. Links To Other Websites
The Site may contain links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
19. Return Policy
In order for your return to meet the requirements for a refund, you must read and agree to the following.
- I am responsible for shipping charges both to me and back to RealFyreStore.com, even if I received free shipping on the way to my location.
- The product(s) I am returning must be in the original packaging, and must arrive to RealFyreStore.com in an unused and resalable condition within thirty (30) days of the purchase date. Credits may take up to 30 days to process and appear on your statement.
- I cannot return a Special Order, because all sales are final on these types of orders.
- All canceled orders or returns for any reason including customer remorse or ordering incorrect parts will incur a 20% handling and restocking charge.
- RealFyreStore.com is not responsible for any damage incurred while in transit back to us. We recommend insuring your shipment accordingly.
20. Shipping and Cancellations
Cancelled orders or parts will incur a 10% fee.
Fraud Prevention Before Shipping
In order to protect against fraudulent activity, RealfyreStore.com must verify the billing and shipping address. Please be certain to provide your exact billing address and phone number (the address and phone number your credit card's issuing bank has on file). Incorrect information will cause a delay in the processing time.
If your shipping address is different than your billing address (where you receive your credit card statement), RealfyreStore.com requires a photocopy of your driver’s license and the front and back of the credit card used for the purchase. Please email copies to: security@FireplaceandGrill.com or text copies to 561-614-2555.
21. Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES, COPYRIGHTED PHOTOS OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT PALM BEACH COUNTY, FLORIDA OR THE DISTRICT OF FLORIDA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by RealFyreStore.com, subsidiary of INTERNET RESOURCE GROUP, INC. in the State of FLORIDA, USA. As such, the laws of FLORIDA will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
22. Lapsed Accounts
In order to keep RealFyreStore.com membership roster current, if a Member does not access his or her account for a period of 180 days or more, RealFyreStore.com may, in its sole discretion, terminate such Member's account. RealFyreStore.com will endeavor to notify a Member of RealFyreStore.com intent to terminate such Member's account by notice to such Member's provided email address at least 3 days prior to deactivation. If the Member fails to respond to such email notice with 3 days after the day it is sent by RealFyreStore.com, such Member's account will be terminated as noted above. Therefore, RealFyreStore.com strongly recommends that all Members keep their accounts and contact data current and in use. While RealFyreStore.com desires to prevent active accounts from being terminated prematurely, RealFyreStore.com has no obligation to maintain accounts that appear to RealFyreStore.com to have been abandoned. Each Member agrees that failure to access his or her account for 180 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
23. Verify Members' Address
RealFyreStore.com reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from RealFyreStore.com.
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