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Fourhills Designs Terms and Conditions of
Use PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
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TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING
OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Fourhills Designs
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract You agree to this User
Agreement, and all of its terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in
Fourhills Designs's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to
the Site, the Customer accepts that change. Customers should check this
User Agreement and the Privacy Pledge frequently
Acceptance of Contract
Terms This User Agreement, and all of its
terms and conditions, constitute a legal contract between you and
Fourhills Designs (References to "you" or "your" shall relate to a customer of
Fourhills Designs or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "Fourhills Designs"
shall relate to Fourhills Designs and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you acknowledge
that you have read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not
agree to this User Agreement, as it may be changed by Fourhills Designs from
time to time, do not use this Site. The material provided on this Site is
protected by law, including, but not limited to, United States copyright
law and international treaties. This Site is controlled and operated by
Fourhills Designs from its offices within the United States. Fourhills Designs
makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to
access this Site from other locations do so on their own initiative and
are responsible for compliance with applicable local laws. Any claim
relating to, and the use of, this Site and the materials contained herein
is governed by the laws of the state of TX without regard to conflict
of law rules. You consent to jurisdiction of the federal and state courts
located in GRAYSON County, TX to hear any such claims.
Access, Interference and
Linking Fourhills Designs grants you a
limited license to access and make personal use of the Site and not to
download (other than page caching) or modify it, or any portion of it,
except as provided below under "Use Restrictions," or with express written
consent of Fourhills Designs. The following activity on the Site is
expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by Fourhills Designs; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those offered on
the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license
granted by Fourhills Designs. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so
long as the link does not portray Fourhills Designs, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Fourhills Designs logo or other
proprietary graphic or trademark as part of the link without express
written permission. Fourhills Designs does not review or control
third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the
Site.
Use Restrictions The copyright in all material provided on this Site is
held by Fourhills Designs or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Fourhills Designs or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this
Site for personal, non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if
you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded or printed materials. You also may not,
without Fourhills Designs 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
and statutes. All trademarks and registered trademarks are the sole
property of their respective owners. Photographs courtesy of respective
manufacturers. Fourhills Designs and the Circle of Service logo are trademarks
of Fourhills Designs Copyright © 2002 Fourhills Designs.
Microsoft and the Passport Logo are either
registered trademarks or trademarks of Microsoft Corporation in the United
States and/or other countries and are used under license from
Microsoft.
Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Fourhills Designs BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF Fourhills Designs OR A Fourhills Designs
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. 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.
Arbitration By accessing the Site and using the information therein
available and/or by purchasing any products or services made available
through this Site, you agree with Fourhills Designs, its service providers,
agents, employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offer or of goods or services on this Site or
through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE
USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS
OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the
Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall
be held as provided by the Code and if any In-person Hearing is required,
it shall be held in Whitewright, TX. Each party shall bear its own cost of
any legal representation, discovery, or research required to complete
arbitration.
Privacy Please review our Privacy Notice, which also governs your
visit to 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. If you are under 18, you may
use the Site only with a parent or guardian. Fourhills Designs reserves the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Communications to
Fourhills Designs Any communication or
material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and
will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Fourhills Designs for any purpose, including
but not limited to reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, Fourhills Designs is free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to Fourhills Designs or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints If you believe that your work has been copied in a way
that constitutes copyright infringement, please
contact: Fourhills Designs 1305 Johnson Rd Whitewright TX, 75491 Phone:
903-364-2740 Fax: Email: contact@fourhillsdesigns.com
Disagreement with These Terms and
Conditions If you disagree with any of
the terms and conditions of this User Agreement, please do not visit,
browse, shop, access or otherwise use this Site.
Fourhills Designs Terms and Conditions of
Sale
PLEASE READ THESE TERMS AND CONDITIONS OF
SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS
SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Fourhills Designs. IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract This Sale Agreement is a legal
contract between the Customer and Fourhills Designs. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "Fourhills Designs" shall relate to Fourhills Designs and
its affiliates.) The terms and conditions of this Sale Agreement are
subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question.
This Sale Agreement constitutes the entire
agreement between the Customer and Fourhills Designs relating to the purchase
or sale of goods or services on the Site. The Sale Agreement may only be
modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by Fourhills Designs.
Electronic records (including signatures), that are otherwise valid, shall
be accepted under the Sale Agreement. The Customer consents to receiving
electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to
receiving electronic records or have the record provided in non-electronic
form by contacting Fourhills Designs at the address provided below.
In the event of any conflict between the terms
and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of
this Sale Agreement and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF TX, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN GRAYSON COUNTY, TX FOR PURPOSES OF ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at that time title
passes to the purchaser. Loss or damage that occurs during shipping by a
carrier selected by Fourhills Designs is Fourhills Designs's responsibility. Loss
or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the
applicable licensor(s).
Export Sales If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign country. In
addition, manufacturers' warranties for exported goods may vary or even be
null and void for goods exported outside the United States. The Customer
should inquire further regarding any questions. Any and all liability is
only for the products purchased.
General Legal Disclaimer Fourhills Designs HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Fourhills Designs IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY,
IF ANY.
Internet Disclaimer Internet connectivity requires access services from an
Internet access provider. Contact your local access provider for rates,
terms and conditions.
56K Disclaimer 56K modems are capable of 56Kbps downloads, however,
current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer All products sold by
Fourhills Designs are third party products and are subject to the warranties
and representations of the applicable manufacturers, including but not
limited to Y2K compliance. Accordingly, Fourhills Designs makes no
representation or warranty with respect to the Y2K compliance of products
sold.
Pricing and Information
Disclaimer All pricing subject to change.
For all prices, products and offers, Fourhills Designs reserves the right to
make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and
other extenuating circumstances. High volume bids are welcome! While
Fourhills Designs uses reasonable efforts to include accurate and up-to-date
information on the Site, Fourhills Designs makes no warranties or
representations as to the Site's accuracy. Fourhills Designs assumes no
liability or responsibility for any errors or omissions in the content on
the Site.
Limitation of Liability Fourhills Designs WILL NOT BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Fourhills Designs WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, Fourhills Designs IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from
or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this
Sale Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), Fourhills Designs's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208
or as codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Whitewright, TX.
Judgment on the award rendered by the arbitrator(s) may be entered by any
court having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest;
Taxes Orders are not binding upon
Fourhills Designs until accepted by Fourhills Designs. Terms of payment are within
Fourhills Designs's sole discretion. Invoices are due and payable within the
time period noted on the invoice, measured from the date of the invoice.
Fourhills Designs may invoice parts of an order separately. Customer agrees to
pay interest on all past-due sums at the highest rate allowed by law. The
Customer is responsible for sales and all other taxes associated with the
order.
Return Policy
Returns for Defective Merchandise
Since the majority of our products are custom made
and/or personalized, we only accept returns for merchandise we deem
as defective. If you feel that any product we have purchased from
Fourhills Designs is defective or becomes defective in normal use within 60
days of receipt of the item, you must contact us about the defect and
receive an RMA number prior to its return. You are
responsible for properly packing and shipping the items and for any
return shipping changes. Since defect is a subjective
word we reserve the right to deny claims that we do not consider to
be defective. Damage caused by shipping is not considered a defect and the
process of cutting steel with flame has inherent limitations.
In all circumstances any item deemed defective by will be
repaired or replaced and returned to the customer at Fourhills Designs
expense.
Check your entries carefully for personalized
items. We cannot replace items that have spelling errors
caused by typo's on the order or from failure to proof a design we return
for approval.
Check payment policy Fourhills Designs will accept personal and business
checks for prepay orders, but allow 7 business days for clearing.
Credit Cards Credit card charges are processed online after ordering
the products and/or services. Time of shipment is less than one week.
Fourhills Designs does not apply any surcharge for credit cards.
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