Terms of Use

Effective Date: 4/24/23

These are the Terms of Use for Feldco Factory Direct, LLC (“Feldco”) and its affiliates and subsidiaries. The Terms of Use apply when you visit our website at www.4feldco.com, (our “website”) or use any of our services. Please read these Terms carefully, as your use of our website or any of our services is governed by these Terms, together with our Privacy Policy and any other documents expressly incorporated by reference.

Use of the Website

Your use of our website serves as your acceptance of these Terms and our Privacy Policy. By using our website, you certify that you are 18 years or older. If you are under 18 years old or do not meet the requirements of our Terms, you must not access or use our services and we reserve the right to remove your access to our services.

Please be aware that these Terms constitute a binding legal agreement between you and Feldco outlining your legal rights, obligations, and remedies arising from your use of our services. You agree you are responsible for your use of our services and any consequences resulting from your use of our services. You may use our services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Changes to the Terms

We reserve to update or change the Terms at any time. If we do this, we will post the changes on our website and will indicate at the top of this page the date that the Terms were last revised. Your continued use of our website after the date of any such changes become effective constitutes your acceptance of the new Terms.

Please note that when using certain services, you may be subject to any additional terms applicable to such services that may be posted on our website or otherwise made available from time to time.

Your Representations & Warranties to Feldco

By using our services, you represent, warrant, and agree:

1.  You are 18 years or older and meet all eligibility requirements expressed in these Terms;
2. You will only use our services for lawful purposes, and you will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
3. You will not use our services to cause nuisance, annoyance or inconvenience;
4. You will not impair the proper operation of our services or any network which is used to support or access our services;
5. You will not try to harm the operation of our services in any way whatsoever;
6. You will not copy, or distribute any content contained within our services without written permission from Feldco;
7. You will only use our services for your own use and will not resell any aspect of our services to a third party;
8. You own or control all rights in and to any information or property shared with us, and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
9. You will provide us with whatever proof of identity we may reasonably request;
10. You have not previously been suspended or removed from our services; and
11. Your use of our services is in compliance with any and all applicable laws and regulations.

Accounts & Registration

Registering for an Account: In order to use or access certain features of our services, you may be asked to register for a user account. By registering for an account, you agree to: (1) provide accurate, current, and complete information about yourself; (2) maintain and promptly update such information; (3) maintain the security of your login information; (4) accept full responsibility for all use of any account you register, and for any actions that arise from or take place using your account, whether or not you have authorized such actions or use; and (5) immediately notify Feldco of any unauthorized use of your account. Failure to abide by these statements constitutes a breach of these Terms, which may result in immediate termination of your account.

Your Account Information: You may not select or use an account that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Feldco; or (4) that, in Feldco’s sole discretion, is offensive, vulgar, or obscene. Feldco reserves the right to refuse registration of an account, or cancel any account name, in its sole discretion.

Termination of Access to our Services: Feldco maintains the right to suspend or disable your access to our services and any account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if Feldco otherwise determines such action is warranted. Feldco reserves the right to revoke your access to and use of our services at any time, with or without cause, whether or not you have established an account.

Access and Conditions of Use

Modifications to our services: Feldco reserves the right to modify or discontinue, temporarily or permanently, our services with or without notice.

You may use our website and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our website to:

1. In any way that violates any applicable federal, state, local, or international law or regulation;
2. For the purpose of exploiting, harming minors;
3. To transmit any advertising or spam material;
4. To impersonate Feldco or any person or entity associated with Feldco;
5. To engage in any other conduct that challenges anyone’s use or enjoyment of the website.

Additionally, you agree not to:

1. Use any device, software, or routine that interferes with the proper working of the website, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
2. Attempt to gain unauthorized access to the website;
3. Attack or attempt to interfere with the proper working of the website.

Commercial Use: Our services are for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our services, use of our service, or access to our services, including in each case any content contained therein, other than your own feedback (as defined below) that you legally upload to our services.

Feldco reserves the right to investigate and take appropriate legal action against anyone who, in Feldco’s sole discretion, violates these Terms, including without limitation, removing the offending content from our services, suspending or terminating the use of the website of such violators and reporting you to the law enforcement authorities.

Errors and Cancellations: Feldco strives to present accurate and transparent information on its website. This includes providing up-to-date product availability, price, and other product information. Given the current supply chain constraints and product shortages, Feldco reserves the reject any order at its discretion. Therefore, your placing an order shall not be construed as a firm contract until an order is accepted in writing by Feldco or until a written agreement is accepted by you and Feldco. Feldco shall not be liable for rejecting orders under this policy and the sole remedy of the Customer is to receive return of any payments made or reverse the charge on a credit card. All stenographic or clerical errors are subject to correction by Feldco.

Feldco attempts to ensure that the content on its Web Site is complete and current. However, Feldco cannot guarantee that the information contained on its Web Site will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. Feldco reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you.

Intellectual Property Rights

Service content, Software and Trademarks: You acknowledge and agree that our services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Feldco, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own Feedback (as defined below) that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.

The Feldco name and logos are trademarks and service marks of Feldco (collectively the “Feldco Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Feldco. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Feldco Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of Feldco Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Feldco be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Feldco does not have a duty to pre-screen content, but that Feldco and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Feldco, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Services: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Feldco is non-confidential, and Feldco will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Feldco may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Feldco, its users and the public. You understand that the technical processing and transmission of our services, including your content,

may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Website

Our services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Feldco has no control over such sites and resources and Feldco is not responsible for and does not endorse such sites and resources.

Email Notifications

As part of your use of our services, you may consent to receive email notifications from Feldco. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate important information to you.

Communications

You consent to receive all Feldco communications electronically and by telephone or cellular device. Feldco may provide communication by calling your provided telephone number, posting on our website, by electronic mail, or by written communication. If you complete a web lead form, you will be contacted by a call center to collect the necessary information to schedule appointments. Please note we may still contact you regarding certain important services announcements or notifications even if you have opted-out from other messages.

In the interest of facilitating delivery of Feldco’s services to you, Feldco may communicate with you or others by email, facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential may be transmitted or stored using these methods. In using these data communication and storage methods, Feldco makes reasonable efforts to keep such communications and data access secure in accordance with its obligations under applicable laws. You recognize and accept that Feldco has no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by Feldco or its third-party vendors. You consent to Feldco’s use of these electronic devices and applications and submission of confidential information to third-party service providers. Feldco advises you to refrain from communicating with Feldco on any computer, smart phone, tablet computer or other device shared with someone else. In addition, when communicating with Feldco, please do not use a shared email account. You should utilize only an email account that is password protected and accessed solely by you.

Third-Party Advertising & Marketing

Feldco may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our services, and via other mechanisms to provide such materials to you outside of our services such as on third-party website or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from Feldco and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Feldco may compile and release information regarding you and your use of our services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our services.

Indemnity and Release

You agree to release, indemnify, and hold harmless Feldco, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of website, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our services

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FELDCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FELDCO MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FELDCO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FELDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV)

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL FELDCO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FELDCO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Arbitration

At Feldco’s discretion, all disputes, claims, or controversies arising out of or relating to these Terms or our services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, Feldco reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the content of our services, breach of your confidentiality obligations, or any other violations of these Terms.

Trial by Jury

WAIVER OF JURY. YOU HEREBY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF USE OF THIS WEB SITE OR ARISING OUT OF ANY SALE BY FELDCO TO ITS CUSTOMERS, AND YOU AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

General

These Terms and the Privacy Policy constitute the entire agreement between you and Feldco and govern your use of our website, superseding any prior agreements between you and Feldco with respect to our website. These Terms will be governed by the laws of Illinois without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Feldco agree to submit to the personal and exclusive jurisdiction of the local courts located in Cook County, Illinois and the federal courts located in the United States District Court for the Northern District of Illinois.

The failure of Feldco to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Feldco may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our services.

Contact Us

Please contact us at info@4feldco.com to report any violations of these Terms or with questions regarding the Terms or our website.