Terms of Sale

All products purchased from Fogroff (“us,” “we,” or “the Company”) through this website (the “Site”) are subject to these Terms of Sale and the Privacy Policy. By purchasing any products, you signify that you have read, understand and agree to be bound by the Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. You should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on this Site.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Site Account

To make a purchase on the Site, you may create an account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to terminate accounts at any time in our sole discretion.

Payment Method and Terms

We accept credit cards and debit cards as forms of payment. By submitting an order through the Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in USD.

Orders & Cancellation

We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

Delivery

We normally process and ship orders within two days from when you place the order online. All orders are shipped from our Pearl Illinois by Fogroff staff. If your order was placed after 11 am or over the weekend it will ship within the subsequent two business days. Currently, we accept orders only from the continental U.S.A. Applicable shipping fees will be posted on the summary page of your order prior to the order being processed. Title and risk of loss for products shall pass upon delivery by Fogroff to the carrier. If the product is damaged in transit, your only recourse is to file a claim with the applicable carrier or insurance company. Under special circumstances, such as large quantity orders, your delivery may arrive via a special delivery service. If you have any unique shipping requests, please contact us.

Resale

All sales are final. We will happily replace any damaged products. Please do not accept any products that appear damaged from shipping. If you receive any damaged product please contact us. We reserve the right, in our sole discretion, to limit or deny requests for replacement product in the event of suspected fraudulent or abusive behavior.

Taxes

You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on at the time of the transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such transaction.

Indemnity

You agree to indemnify and hold Fogroff, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your purchase or use of the products, or from a breach of terms of these Terms of Sale or your representations and warranties. You agree to hold Fogroff harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of these Terms of Sale.

Disclaimers

PRODUCTS ARE PROVIDED OR SOLD "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGROFF DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOGROFF DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Fogroff.

Limitation on Liability

UNDER NO CIRCUMSTANCES WILL FOGROFF BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FOGROFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF YOUR PURCHASE OF PRODUCTS ON THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR PRODUCTS PURCHASED HEREUNDER, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOUR BREACH OF THESE TERMS OF SALE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, FOGROFF'S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO FOGROFF FOR PRODUCTS HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

General

These Terms of Sale and the Privacy Policy constitute the entire agreement between you and Fogroff and governs your purchase of products from Fogroff, superseding any prior agreements between you and Fogroff. These Terms of Sale will be governed by the laws of the State of California, without giving effect to its conflict of laws or choice of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Sale will be filed in a court of competent jurisdiction sitting in Santa Clara County, California. Both parties consent to exclusive jurisdiction in that county. The failure of Fogroff to exercise or enforce any right or provision of the Terms of Sale will not constitute a waiver of such right or provision. If any provision of the Terms of Sale is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Sale shall remain in full force and effect.

Effective: 2012-12-21

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