TERMS & CONDITIONS
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you acknowledge and agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website. If the terms and conditions of this Agreement are considered an offer, then acceptance is expressly limited to these terms.
The Website is not for use by any individuals who are less than 18 years old. Use of the Website shall constitute confirmation that you are a person that is 18 years of age or older.
1. Intellectual Property. All Products and content on the Website, including, page headers, logos, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, copyright or other intellectual property right protection in favor of FCC and its licensors. You may not download, reproduce, modify, publish, or distribute the Products or any of the content on the Website without prior written permission from FCC. The Website is intended for personal, non-commercial use.
This Agreement does not transfer from FCC to you any intellectual property (including but not limited to copyrights, patents, trademarks or trade secret rights) of FCC or of any third party, and all right, title and interest in and to such intellectual property will remain (as between the parties to this Agreement) solely with FCC. FCC, its logo, and all other trademarks, service marks, graphics and logos used in connection with FCC, the Products, or the Website are trademarks or registered trademarks of FCC or FCC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FCC or other third-party trademarks or any other intellectual property.
2. User Accuracy. You agree to supply only accurate, current, and complete information when setting up an account on the Website, making a purchase or otherwise using the Website or related services. You also agree to review and correct any information supplied by you or that the Website draws from to ensure it is always accurate.
3. Errors and inaccuracies. FCC’s acknowledgement of your order means that your order request has been received, but does not mean that your order or the price of your order has been accepted, or that your order has shipped. FCC makes every effort to describe and display Products accurately on the Website, but FCC cannot guarantee the accuracy of information including prices, images and specifications of Products. FCC, in its sole and absolute discretion, reserves the right to change or update information and to correct errors and inaccuracies at any time without prior notice. If a Product is displayed with an erroneous purchase price, FCC reserves the right to cancel the order and refund your payment or to fulfill the order and refund you any excess payment.
4. Purchase Policy. Full payment for purchases of Products from the Website are due at the time of purchase, and are non-refundable except as otherwise provided in this Agreement or the Refund and Return Policy. Payments shall be made via credit card or debit card accepted by the Website. If FCC is unable to process your payment electronically at the time of purchase, or you fail to timely respond to any further requests, questions or notifications emailed or otherwise communicated to you by FCC, your account activity may be suspended or terminated.
5. Risk of loss. All purchases of Products from FCC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier.
6. Reviews, Comments, Communications, and Other Content. You may post reviews, comments, photos, videos, 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 (including publicity 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" or unsolicited commercial electronic messages. 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. FCC 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 FCC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FCC 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 FCC for all claims resulting from content you supply. FCC has the right but not the obligation to monitor and edit or remove any activity or content. FCC takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Disclaimer of Responsibility for Content Posted on Other Websites. FCC has not reviewed, cannot review and has no control over, any of the material (including without limitation text, graphics, audio files, video files and/or computer software) made available through the websites and webpages to or from which the Website links. FCC does not have any control over those non-FCC websites and webpages, and is not responsible for their contents or their use. By the Website linking to or from a non-FCC website or webpage, FCC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FCC disclaims any responsibility for any harm resulting from your use of non-FCC websites and webpages. Neither FCC any of its information providers shall be liable in any way to you or other parties for delays, inaccuracies, errors, or omissions in the material published on the Website.
8. Changes. FCC reserves the right, in its sole and absolute discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following any changes to this Agreement constitutes acceptance of those changes and the then-current version of this Agreement. FCC may also, in the future, offer new Products and/or features through the Website, and such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. FCC may terminate your access to or use of all or any part of the Website at any time (including by terminating your user account, blocking your access or otherwise refusing services to you), with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply discontinue using the Website. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Sanctions and Export Policy. You may not use the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to the Website and the Products.
11. DISCLAIMER OF WARRANTIES. THE WEBSITE AND THE PRODUCTS ARE PROVIDED IN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS AND VIRTUES” CONDITION, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FCC AND ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FCC NOR ITS AFFILIATES OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE OR PRODUCTS WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL FCC, ITS AFFILIATES OR LICENSORS BE LIABLE WITH RESPECT TO THE WEBSITE, THE PRODUCTS OR ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. FCC, ITS AFFILIATES AND LICENSORS SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. GENERAL REPRESENTATION AND WARRANTY. YOU REPRESENT AND WARRANT THAT (I) YOUR USE OF THE WEBSITE WILL BE IN STRICT ACCORDANCE WITH THIS AGREEMENT AND WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING WITHOUT LIMITATION ANY LAWS OR REGULATIONS APPLICABLE IN YOUR COUNTRY, STATE, CITY, OR OTHER GOVERNMENTAL AREA, REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, AND INCLUDING ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE) AND (II) YOUR USE OF THE WEBSITE WILL NOT INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
14. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FCC, ITS AFFILIATES, AND LICENSORS, AND ALL THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, GOVERNORS, OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OR RELATING TO YOUR USE OF THE WEBSITE AND PRODUCTS, CONTENT YOU POST OR SUBMIT AT OR THROUGH THE WEBSITE, AND/OR YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS AGREEMENT.
15. Miscellaneous. This Agreement constitutes the entire agreement between FCC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized representative of FCC, or by the posting by FCC of a revised version.
Except to the extent applicable law provides otherwise, this Agreement, and any access to or use of the Website, will be governed by the laws of the state of North Dakota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cass County, North Dakota. By accessing or using any part of the Website, you irrevocably and unconditionally: (a) submit to the jurisdiction of any such court in any suit, action or proceeding arising out of or relating to this Agreement, and/or any access to or use of the Website; (b) to the fullest extent permitted under applicable law, hereby waive (i) any objection you may now or hereafter have to such venue of any suit, action or proceeding and (ii) any defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ANY ACCESS TO OR USE OF THE WEBSITE.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The section captions or headings used throughout this Agreement are for convenience only and not to be used in construing or interpreting this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement will not be affected thereby and will remain in full force and effect and may be enforced to the greatest extent permitted by law. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement or your user account to any person or entity; FCC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.