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Conditions of Use
Fossilfly Imports LLC provide their services to
you subject to the following conditions. If you visit or shop at
Fossilfly.com, you accept these conditions. Please read them carefully.
In addition, when you use any current or future Fossilfly Imports LLC
service or you also will be subject to the guidelines, terms and
agreements ("Terms") applicable to such service or business. If
these conditions are inconsistent with such Terms, the Terms will
control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Fossilfly.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Fossilfly.com 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.
COPYRIGHT
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 Fossilfly Imports LLC or its
content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of Fossilfly Imports LLC and protected by U.S. and
international copyright laws. All software used on this site is the
property of Fossilfly Imports LLC or its software suppliers and protected
by United States and international copyright laws.
LICENSE AND SITE ACCESS
Fossilfly Imports LLC grants 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 express written consent
of Fossilfly Imports LLC. 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 express written consent of Fossilfly
Imports. 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 Fossilfly Imports LLC without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing Fossilfly Imports LLC's name or trademarks without the
express written consent of Fossilfly Imports LLC. Any unauthorized use
terminates the permission or license granted by Fossilfly Imports LLC. You
are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Fossilfly.com so long as the link does
not portray Fossilfly Imports LLC, or its products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use
any Fossilfly Imports LLC logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR 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. Fossilfly Imports LLC
does sell products for children, but it sells them to adults, who can
purchase with a credit card or other permitted payment method. If you
are under 18, you may use Fossilfly.com only with involvement of a
parent or guardian. Fossilfly Imports LLC reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send
e-cards and other communications; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of 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 origin of a card or other content. Fossilfly Imports LLC reserves
the right (but not the obligation) to remove or edit such content, but
does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Fossilfly Imports LLC a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable 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 Fossilfly Imports LLC and sublicensees the right to use
the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all
of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you
will indemnify Fossilfly Imports LLC for all claims resulting from content
you supply. Fossilfly Imports LLC has the right but not the obligation to
monitor and edit or remove any activity or content. Fossilfly Imports LLC
takes no responsibility and assumes no liability for any content posted
by you or any third party.
COPYRIGHT COMPLAINTS
Fossilfly Imports LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Fossilfly Imports LLC copyright
agent the written information specified below. Please note that this
procedure is exclusively for notifying Fossilfly Imports LLC that your
copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is
located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
The contact information for Fossilfly Imports LLC Copyright Agent for notice of claims can be found on the "Contact Us" page.
RISK OF LOSS
All items purchased from Fossilfly Imports LLC are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Fossilfly Imports LLC attempts to be as accurate as possible. However,
Fossilfly Imports LLC does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Fossilfly Imports LLC itself is not as
described, your sole remedy is to return it in unused condition.
PRICING
All items are listed in U.S. Dollars. Except where noted otherwise, the List Price displayed for products on
our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in
accordance with standard industry practice; or the estimated retail
value for a comparably featured item offered elsewhere. The List Price
is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day.
With respect to items sold by Fossilfly Imports LLC, we cannot confirm the
price of an item until you order; however, we do NOT charge your credit
card until after your order has entered the shipping process. Despite
our best efforts, a small number of the items in our catalog may be
mispriced. If an item's correct price is higher than our stated price,
we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Fossilfly Imports LLC.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE ARE PROVIDED BY FOSSILFLY IMPORTS LLC ON AN "AS IS" AND
"AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FOSSILFLY
IMPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOSSILFLY IMPORTS LLC
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. FOSSILFLY IMPORTS LLC DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE; THEIR SERVERS; OR E-MAIL SENT FROM FOSSILFLY IMPORTS LLC ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. FOSSILFLY IMPORTS LLC WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR
FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN
WRITING.
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 OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
VENUE
By visiting Fossilfly.com, you agree that the laws of the state
of Connecticut 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 Fossilfly Imports LLC.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to 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.
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