Your access to and use of this website is subject to the following terms and conditions and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms and conditions.
Use Of Site and Copyright Notice Copyright Notice–Woodland Hills Fireplace Shop Inc. All rights reserved.
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Description of Service. Fireside Appliance is providing customers with product and order information. Customers must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees related to such connection.
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Intended For Users that are Residents of North American and are Over 18.
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Our services are available and may only be used by individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
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Disclaimer of Warranties.
The site is provided by Fireside Appliance on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Fireside Appliance makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Fireside BBQ Appliance shall have no liability for any interruptions in the use of this Website. Fireside BBQ Appliance disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. -
Limitation of Liability.
FIRESIDE APPLIANCE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FIRESIDE APPLIANCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS website OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FIRESIDE APPLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. -
Indemnification.
Customer agrees to indemnify and hold Fireside Appliance, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.
7. Modifications and Interruption to Service.
Fireside Appliance reserves the right to modify or discontinue the Service with or without notice to the Customer. Fireside Appliance shall not be liable to Customer or any third party should Fireside Appliance exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that Fireside Appliance does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.
9. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fireside Appliance makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Fireside Appliance makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Pricing and Specifications.
Errors in pricing and/or product specifications may occur. We reserve the right to correct any such errors, up to and including cancelling any orders placed at an incorrect price.
11.Governing Jurisdiction of the Courts of California.
Our website is operated and provided in the State of California. As such, we are subject to the laws of the CA, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the CA.
12. Compliance with Laws.
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and common law trademarks of Fireside Appliance, and/or its affiliates.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Fireside Appliance. Your use of the Trademarks displayed on this website is strictly prohibited. You are also advised that Fireside Appliance will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
14. Other Terms.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fireside Appliance, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our