Terms and Conditions

 

WEB SITE OWNERSHIP

This Web site is owned and operated by FF2015 LLC (dba. Fan Frames), 2372 Morse Ave #360, Irvine, CA, 92614, which is referred to below as "Fan Frames", "we", "us", "our" or "Company".

 

TERMS OF USE

YOUR USE OF THIS WEB SITE, AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE, ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE REFERRED TO AS "TERMS OF USE". CLICKING ON TO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT, WITH THE TERMS OF USE: WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.

 

PERMITTED USE

You agree that:

(a) your use of this Web site is subject to and governed by these Terms of Use;

(b) you will only access or use this Web site, and transact business with us, if you are at least 18 years of age;

(c) you will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site;

(d) each use of this Web site by you indicates and confirms your assent to an agreement to be bound by these Terms of Use; and

(e) these Terms of Use are a legally binding agreement between you and Fathead that will be enforceable against you.

 

You agree not to use or attempt to use this Web site for any purpose that:

(a) interferes with or induces a breach of the contractual relationships between Company and its employees;

(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or Company property;

(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;

(d) transmits any harmful or disabling computer codes or viruses;

(e) interferes with our network services;

(f) attempts to gain unauthorized access to our network services;

(g) impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site; and/or

(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose not approved by the Company.

(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;

(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

(m) dilutes or depreciates the name and reputation of the Company or any of its affiliates;

(n) uploads any content or images that infringe upon any third party's intellectual property rights or infringe upon any third party’s right of privacy; or

(o) unlawfully uploads any confidential, proprietary or trade secret information.

 

USE AND ACCESS OF THIS WEB SITE

Company reserves the right at all times, in its sole discretion and without notice to you, deny your access to this Web site as well as the use of this Web site. You agree that you may not use or attempt to use any part of this Web site that dignifies that you may have any (express or implied) affiliation with Company or Broker Relationship with Company, without the express written permission of Company. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.

You agree and acknowledge that you have the sole responsibility, and liability, for the use of this Web site, including providing, obtaining, as well as maintaining all:  the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.

 

INTELLECTUAL PROPERTY RIGHTS

All marks are the registered trademarks of Company ® © 2016. All Rights Reserved.  All respective logos, emblems, slogans and designs are trademarks and/or service marks of their respective owners.

All other marks used on this Web site are the property of their respective owners.

 

Web Page Content:

You acknowledge and agree that:

(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the "look and feel", and the operation of this Web site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

 

(b) all rights associated with the Web Page Content are owned by Company, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.

 

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:

 

(a) in or as any meta-tag or hidden text;

 

(b) in or as part of any contextual marketing directory, index, or triggering term;

 

(c) as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or

 

(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's Web site or controls the content of any other Internet browser window.

 

Submissions:

You acknowledge and agree that all submissions to Company containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Company's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

 

Testimonials:

You acknowledge and agree that all testimonials submitted to Company will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Company the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Company may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name therewith.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

Company is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:

 

FF2015 LLC/Fan Frames

Attn: Legal

Address - 2372 Morse Ave #360, Irvine, CA, 92614

Email - customer@fanframes.com

 

CUSTOM PRODUCTS

We offer products through this Web site for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.

Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual's parent or legal guardian. Company does not assume responsibility to verify the age of individuals contained in your image submission. However, Company reserves the right to request supporting information to verify the age of any individual, and to request a written consent for every identifiable individual who appears in your image submission.

By uploading your image submission, you hereby grant FF2015 LLC and its affiliates, and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.

 

LINKING AND THIRD-PARTY ADVERTISING

Not responsible for links to other web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Company does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Company will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. Company does not permit third-party advertising on this Web site. Except with the written permission of Company, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.

 

REVISIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Web site at the time you access this Web site. Because these Terms of Use may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Web site are subject to updating and revision without notice to you. Company will honor current pricing at the time of your order. However, Fathead reserves the exclusive right to change pricing, at any time, without notice. You further acknowledge and agree that the Terms of Use may not be altered except with the express written permission of an approved executive with the Company.

 

LOCATION

You understand and acknowledge that Company controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States, only. We make no representation that the services, products, or information provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.

 

USER IDs AND PASSWORDS

Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Company immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or the use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you.  Including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

 

THE INTERNET AS AN OPEN NETWORK

While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Company, the Internet is an open system, and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

 

INDEMNIFICATION

If you make any unauthorized use of this Web site or violate the Terms of Use: (a) you may be in violation of laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Company. You agree to indemnify Company and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.

 

DISCLAIMERS

UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FATHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. FATHEAD HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT FATHEAD, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.

 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT FATHEAD SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.

 

COMMUNICATIONS WITH COMPANY

Time Sensitive Instructions:

When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature:

General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you.

Recording & Monitoring of Communications:

Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Prohibited E-mail Content:

All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member's employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Company at customer@fanframes.com. The use of the Company's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company's e-mail facilities for purposes of soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.

Negligent Misstatement:

The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out:

This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Company, you may opt-out by sending an e-mail to customer@fanframes.com.

Viruses:

Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient's responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company's e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

Unsecured Transmissions:

You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.

Confidential Information:

E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney's fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information:

E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

ADDITIONAL TERMS

You acknowledge that certain features of this Web site, as well other products and services of Company, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted:

By submitting information to Company through the Web site or otherwise, you are making an inquiry as to Company 's programs and services and give Company and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.

Permission to Share Your Information:

When you "submit" information through the Company Web site or otherwise, Company may send your information to its affiliates. If you do not want your information shared with Company affiliates, you should send an opt-out e-mail to customer@fanframes.com.

Agreement to Provide Accurate Information:

In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Company may rely.

Your Cooperation Needed:

Company generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Company of any changes in any information submitted in connection with your order.

Reasonable Efforts:

Company will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Company is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Company's reasonable control.)

 

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

 

Copyright 2015 FAN FRAMES. All rights reserved.

 

Shipping & Returns

PURCHASES

If you wish to purchase any products or services through this Web site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.

Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.

We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

 

RETURNS AND PRODUCT WARRANTY

If your shipment arrives damaged or if the product is defective you can return it within 30 days of the delivery date and we will refund you for the damaged or defective item or replace it at our discretion.

In either of the above return instances, if you ordered more than one product as part of a packaged deal (2 for $x, buy 1 get 1 free, etc.), you must return the entire order to receive a full refund. We will not accept partial returns on discounted orders.

If you purchased your product using both a Gift Card and another form of payment, we will first credit or replace the Gift Card with the amount originally deducted from it and then credit your other form of payment for the balance.

For more information regarding our return policy:

Email us at customer@fanframes.com and have your order number at hand.

All returns must have an authorization number. We will not process your return without one.

Place your product in the package it was shipped in and clearly mark the Return Authorization

number on the outside of the package.

We highly recommend using a traceable shipping service when returning your package to our warehouse.

All Returns are subject to the terms of our Money Back Guarantee.

 

Privacy Policy

 

Protecting your privacy is important to Company. We strive to keep your personal information confidential. By ensuring that you are aware of, and understand the Company customer privacy policy, we can provide you with better service. Please take a moment to read the following policy to learn how we handle your personal information.

Why we collect personal information

Company collects and uses your personal information to give you superior customer service, to provide you with convenient access to our products and services, and to make a wider range of products available to you. In addition, we use your personal information to keep you up to date on the latest service, special offers, and other information we think you'd like to hear about. From time to time, we may also use your personal information to contact you to participate in market research, so that we can gauge customer satisfaction and develop better services and products.

 

How We Collect Personal Information

We collect information about you in several ways. For example, we might ask for your contact information when you correspond with us, call us to make a purchase or request service, or participate in an online survey. In addition, when you complete your online order, we collect and store the information you provide in a secure database. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information. Our site uses cookies to keep track of your shopping cart. We use cookies to identify you so we can retrieve your information so you don't have to re-enter it each time you visit our site.

To save you time and make our web services even easier to use, some areas of the Company website allow you to create a Company User Account using your personal information. Here's how it works: Simply fill out a brief profile - your name and e-mail address - then choose a password for security. The system saves your information, and assigns you a personal Company User Account. Next time you order something from Company, you can simply enter your e-mail address and password - the system will automatically look up the information it needs.

 

When We Disclose Personal Information

Company works with other companies that help us provide products and services to you, and we may provide your personal information to these companies. For example, we give shipping companies this information so they can deliver your products efficiently. The information they receive is for shipping and delivery purposes only.

At times we may be required by law or legal process to disclose your personal information. We may also disclose information about you if we believe that disclosure is necessary for the public interest.

 

How we protect your personal information

Company safeguards the security of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Company uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To place on-line orders with Company, you must use an SSL-enabled browser such as Mozilla Firefox, Netscape Navigator 3.0 or later, or Internet Explorer. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.

 

Collecting Other Personal Information

When you browse Company website, you are able to do so anonymously. Generally, we don't collect personal information when you browse - not even your e-mail address. Your browser, however, does automatically tell us the type of computer and operating system you are using.

Like many websites, the Company website uses "cookie" technology. When you first connect to our site, the cookie identifies your browser with a unique, random number. The cookies we use do not reveal any personal information about you. Cookies help us understand which parts of our websites are the most popular, where our visitors are going, and how long they spend there. We use cookies to study traffic patterns on our site so we can make the site even better.

Company also uses third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

 

Commitment to Privacy

To make sure your personal information remains confidential, we communicate these privacy guidelines to every Company employee. Company does not knowingly solicit personal information from children or send them requests for personal information.

This website contains links to other sites. Company does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

If we are going to use your personal information differently from that stated at the time of collection, we will try to contact you via e-mail using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, nor will we use your personal information in a new manner.

By using this website, you acknowledge and consent to the fact that personal information provided by you or collected by us through your use of the website is stored and processed by us in the United States where data protection laws may not afford the same level of protection as those of the country in which you are located (this is the case for users located in the European Economic Area ("EEA")). You also acknowledge and consent to the fact that we may, at our discretion, store and process such data in other countries (including countries outside the EEA) where data protection laws may not afford the same level of protection as those of the country in which you are located.

Mandatory and Optional Information:

We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.

Contests, Sweepstakes, and Surveys:

From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.

Service Providers:

In some cases, we will employ or use service providers such as title companies, appraisers, consultants, temporary workers, third party software developers, to complete a business process or provide a service on our behalf. For example, we may use service providers to enhance our Web site technology, deliver products, or to send e-mails. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.

Service Alerts and Critical Notices:

Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.

Change of Control:

Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Fathead. You will have the opportunity to opt out of further secondary use of your information following any change of control.

Remarketing Practices:

We use Google Analytics data about our site traffic via Google advertising cookies and anonymous identifiers in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go to https://tools.google.com/dlpage/gaoptout/.

Changes to Our Privacy Policy:

We may, in our sole discretion, update this privacy policy at any time by posting the amended policy on the website, and it shall be effective upon posting.

Legal Disclosures:

In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.

Cookies:

A "cookie" is a small piece of information that our web site may provide to your browser while you are at our sites. The Company Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Company may also employ service providers to help us collect and understand our web site usage data.

Additionally, Company service providers that serve ads on affiliate and/or advertiser web sites may assign different cookies and small graphical images called single-pixel GIFs or web beacons, to your browser to track the effectiveness of Company advertising on other web sites and your involvement with Company. For example, as part of the Company affiliate programs, our service providers use cookies and web beacons to determine when affiliate program members have referred a customer to Company via a link on their web site. The Company Web site also sets a temporary cookie that contains a unique, anonymous identifier that is provided to the service provider to ensure that each referral is only counted once. This cookie is not linked to a customer's personal information. The cookies and web beacons are necessary to ensure that affiliate program members are appropriately credited for their referrals. Service providers report data in the aggregate and do not link it to individual customer information. Company may also employ service providers who may assign cookies or web beacons to your browser to assist us in collecting web site usage data such as your IP address, session ID, URL and demographic information such as your zip code. The collection of data may include personally identifiable information.

If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won't be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.

Web Site Usage Data:

Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests.

COPPA. Our web site is not designed to appeal to children under the age of 13. Therefore, we don't knowingly attempt to solicit or receive any information from children.

 

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to customer@fanframes.com or write us:

 

Fan Frames

Attn: Customer Service

2372 Morse Ave #360, Irvine, CA, 92614