Terms of Service
Effective Date: March 10, 2015
We reserve the right to modify the Terms at any time without prior notice to you. We ask that you read these Terms carefully each time you use our Website. All changes to these Terms will be effective from the date posted forward. By using the Website after any change, you accept all new or revised provisions in any revised posted Terms.
1. Eligibility to Browse and Purchase on Our Website. Our Website is not targeted toward nor intended for use by persons under the age of 18. By using our Website, you are representing and warranting that you are 18 years of age or older. If you are not 18 years of age or older, do not access or purchase products from our Website. In addition, this Website is owned and operated in the United States. You may be a resident from another country but you agree that for all purposes, our relationship is governed by the applicable laws of the United States.
3. Changes to Our Website. You agree and understand that our Website including, any and all products or features available through our Website, may be modified at any time, in our sole discretion, without prior notice. All Changes are subject to these Terms.
4. License to Use and Copy. We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.
5. Ownership of Intellectual Property. As between you and us, our Website including, all photographs, images, text, graphics, icons, audio clips, software , as well as all improvements or modifications thereto or derivative works based thereon, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms shall be deemed to grant to you any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors. Nothing in these Terms shall be deemed to grant to you any license or right in or to any patent or other proprietary right of ours pertaining to the products sold on and through our Website.
6. Restrictions on Your Use of our Website. Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or its content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our site any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal data about others in connection with the prohibited activities described in this Section.
7. DMCA Notice. If you believe that any item or content on our Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
7.1. A description of the copyrighted work that you claim has been infringed;
7.2. A description of where the alleged copyrighted work is located on our Website;
7.3 Your name, address, telephone number and email address;
7.4. 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;
7.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
7.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent may be reached at the following address: Copyright Agent, Flux Outfitters, 266 Applewood Cres., Concord, Ontario L4K 4B4
8. Warranty and Warranty Disclaimer (updated 7-12-18)
8.1 Limited Warranty. FLUX OUTFITTERS warrants its products to be free of defects in material and workmanship for the product's Warranty Period. The Warranty Period starts on the original purchase date of the product.This Limited Warranty extends only to the original purchaser of the product and not to any subsequent owner. If still owned by the original purchaser, all Flux Outfitters products are covered by a limited product warranty from the original purchase date of the product.
Limited Lifetime Warranty for all non-automated TV mounts and accessories subject to limits stated below.
Limited Five (5) Year Warranty for automated mounts subject to the limits stated below.
For warranty claims made during the Warranty Period, Flux Outfitters will replace any defective product part free of charge. If a part of your Flux Outfitters product fails, call Flux Outfitters at 1-905-699-8155 to make a warranty claim. We will discuss the problem with you and at our discretion will determine if the product is covered under warranty. We will ship replacement parts at no cost to you within 72 hours. This Limited Warranty does not cover the costs of removing and replacing defective parts from your FLUX OUTFITTERS product. So, if your problem requires a repair technician, you must pay any labor charges. FLUX OUTFITTERS will not be liable in any way for damages whatsoever arising from the use or inability to use its products, even if FLUX OUTFITTERS has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, FLUX OUTFITTERS disclaims any responsibility for incidental or consequential damages.
The Limited Warranty is automatically void if your FLUX OUTFITTERS product is modified in any way, improperly installed, taxed beyond its stated weight capacity or otherwise misused or abused. All FLUX OUTFITTERS products are intended for indoor use only and any outdoor use voids this Limited Warranty. The Limited Warranty for wall and ceiling mounts is void if the mount is moved from its initial installation. The Limited Warranty excludes gas springs after (5) years as they are an item that naturally wears with use.
To the maximum extent permitted by applicable law, FLUX OUTFITTERS disclaims any other warranties, express or implied, including warranties of fitness for a particular purpose and warranties of merchantability. In any event, no express or implied warranty can last longer than the term stated above (“What the Period of Coverage Is”). Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so these limitations may not apply to you.
FLUX OUTFITTERS will not be liable for any damages whatsoever arising out of the use or inability to use its products, even if FLUX OUTFITTERS has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, FLUX OUTFITTERS disclaims any responsibility for incidental or consequential damages (such as the cost of repairing or replacing other property which damaged when the device does not work properly). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8.2 Warranty Disclaimer. EXCEPT AS PROVIDED IN SECTION 8.1 YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation on Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO THE GREATER OF THE COST OF THE PRODUCT PURCHASED ON OUR WEBSITE OR ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION.
11. Disclaimer of Advertisements and Links to Third Party Websites. We may from time to time display advertisements from third parties on our Website. These advertisements may be in the form of a banner, link, pop-under or pop-up. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked websites. We are paid only for the display of the advertisement and the display or link does not represent or imply that we endorse such products, services or Website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS OR WEBSITES.
12. Placing an Order.
12.1. Online Orders. Ordering from our Website is easy! Simply click on the “Order Now!” button. This button will link to our authorized and qualified merchant payment processor, who will receive your billing and shipping information along with your payment source. Once your payment source is confirmed, you will be linked to an “Order Confirmation” screen that indicates we received your order and you now have a confirmation number for your order. An email confirmation will be in your inbox within 24 hours to let you know your order has been processed. This email is your receipt and will include your confirmation number and verification of the item purchased as well as your shipping and delivery information. If you have any questions or changes to your order please contact Customer Service at (905) 669-8155 for any information regarding your order.
12.2. Product out-of-sock. Occasionally, demand for products is so high it surpasses our supply. When this happens, we ask that you provide us with your email address and we will notify you when we have further stock available.
12.3. Taxes. We are required by law to collect all taxes based on where your order is being shipped or delivered. When you review your order total during the checkout process, you'll see the estimated sales tax. The actual charge to your credit card will reflect the applicable state and local taxes.
12.4. Shipping. We don't mark-up our shipping rates and brokerage fees. We negotiate the most competitive shipping rates on your behalf and pass those directly on to you. We ship our products through one or more FluxOutfitters authorized fulfillment warehouses. You should receive your package within 3 - 7 days of the order date depending on the destination location and method of shipping. Please allow up to 24 business hours for processing. If the package is damaged upon arrival, please contact our customer service at (905) 669-8155.
13. Cancellations and Returns.
13.1. Cancellations. FluxOutfitters strives to deliver exceptional customer service and in so doing, most orders are prepared for shipment within hours of being placed. As a result, all sales on our website are final. However, if you very recently placed an order and would like to cancel it, you may contact customer service at (905) 669-8155 or by email at firstname.lastname@example.org, and if the order has not shipped we will do our best to try and accommodate your cancellation request. However if your order is beyond our ability to cancel it, you may still receive a refund by following the Return and Refund Policy outlined in section 13.2 below.
13.2. Return and Refund Policy. FluxOutfitters guarantee’s 100% satisfaction, or your money back, for FluxOutfitters units ordered directly on our website. If at any time you are unsatisfied with our product, you may return it to FluxOutfitters within (90) days of our shipping date for a replacement or full refund of the purchase price, less shipping and handling. To receive your refund, you must follow the following steps:
(a) Your FluxOutfitters must be in the same condition that you received it and in its original packaging. We also require a receipt or proof of purchase.
(b) Contact our Customer Service Center directly at email@example.com or at (905) 669-8155, and request a Returned Material Authorization (“RMA”) number.
(c) Place the RMA number you receive clearly on the outside of the returned package. Our return department is not allowed to process packages without an RMA number, and no refunds will be issued for any packages returned without an RMA number, including packages marked as “Return to Sender”. You will be given the return address by Customer Service.
(d) You must send all returned the product in its original package using a shipping method with delivery confirmation or signature confirmation. You are responsible for the costs of returning any product.
(e) Returned products must be received within fifteen (15) days after you receive your RMA number.
(f) Refunds will be issued only to the same credit card that was used in ordering the product. It generally takes about 7 to 14 business days to receive a refund. Refunds will be for the cost of the product. Shipping and handling is not refundable.
14. Confidential Binding Arbitration. You agree that by entering into these Terms, you and we are each waiving the right to trial by jury and the ability to participate in a class action.
14.1 ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS PURCHASED THEREFROM (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SAN DIEGO, CALIFORNIA, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS WHICH SHALL ALLOW US TO BRING AN INJUNCTIVE ACTION IN THE APPROPRIATE STATE, DISTRICT OR FEDERAL COURT TO PREVENT OR CEASE SUCH VIOLATION WITHOUT THE NECESSITY OF FILING A BOND.
14.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
14.3. All arbitration's required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
14.4. Both parties shall share the costs of the arbitration, including but not limited to, the administrative, hearing, and arbitrator’s fees and costs but not the fees, expenses, and costs of the parties lawyers, experts, or witnesses. The arbitrator may award money or equitable relief in favor of the prevailing party including but not limited to the costs and attorney fees of the prevailing party. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
14.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 14 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.
15. Applicable law. By visiting our Website and ordering products from our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
17. Contact Information. If you have any questions or comments please feel free to contact us at FluxOutfitters, You may reach Customer Service at (905)669-8155 or firstname.lastname@example.org.