TERMS & CONDITIONS

INTRODUCTION AND ACCEPTANCE OF POLICIES

Welcome to FortyFiveTen.com. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these "Terms of Use"), govern your access to and use of www.FortyFiveTen.com and all websites within that domain, including any content, functionality, and services offered on or through this website (the "Site").

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING, OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section of the Site from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use, the Site, an order from the Site, or our privacy practices, please contact us by:

Calling us within the U.S.: 214.559.4510

International: 001.214.559.4510

Or by e-mail:  help@fortyfiveten.com

SITE INFORMATION AND ORDERS

Forty Five Ten attempts to ensure that the Content on the Site is complete and current. As indicated in the DISCLAIMERS set forth below, Forty Five Ten does not guarantee that the information contained on the Site will not contain errors, inaccuracies, or omissions or that such information will be up to date. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. Forty Five Ten reserves the right to correct any error, inaccuracy, or omission or to change or update the Content without prior notice to you, but Forty Five Ten does not have an obligation to do so. We may change, move, delete portions of, or add to the Site from time to time. Further, Forty Five Ten reserves the right to refuse or cancel any orders based on any error, inaccuracy, or omission on the Site, whether or not the order has been submitted, confirmed, and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is then canceled, Forty Five Ten will promptly issue a credit to your credit card. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

See Forty Five Ten’s Return Policy under Help & Support.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed, or used with permission by Forty Five Ten, and/or its parents, subsidiaries and affiliates (collectively, “Forty Five Ten”), or other parties that have licensed to or otherwise permitted their material to be used by Forty Five Ten. The Site as a whole and its Contents are protected by copyright, trademark, trade dress, and other laws and all worldwide right, title, and interest in and to the Site and its Contents are owned by Forty Five Ten or used with permission. FortyFiveTen.com, FORTY FIVE TEN, and all other trademarks appearing on this Site are trademarks of Forty Five Ten or are licensed or used with permission of the owner by Forty Five Ten. You agree not to display or use such trademarks without Forty Five Ten's prior written permission. Forty Five Ten disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links provided on our Site.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without the prior written consent of Forty Five Ten or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted, or other proprietary material displayed on this Site without the prior written consent of Forty Five Ten or the owner of such material. All rights not expressly granted herein by Forty Five Ten to you are reserved by Forty Five Ten and/or its licensors. Third-party trade names, product names, and logos contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

PRODUCT INFORMATION

Forty Five Ten's products displayed on the Site may also be available in select locations in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Forty Five Ten makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

SITE USAGE POLICY

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  • Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
  • Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
  • Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host, or network;
  • Sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services; or
  • Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

USER COMMENTS AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Forty Five Ten on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Forty Five Ten's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Forty Five Ten of all worldwide right, title, and interest in all copyrights and other intellectual property rights in the Comments. Forty Five Ten is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay to user any compensation for any Comments; or (c) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

LINKS TO OTHER WEB SITES

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Forty Five Ten does not own, operate, or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Forty Five Ten makes no representations or warranties concerning and is not responsible for the content, information, or other material on or accessed from any other websites that are not owned, operated, or controlled by Forty Five Ten. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Forty Five Ten. You should review the applicable terms and privacy policies of all such third-party websites.

YOUR PRIVACY RIGHTS

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

FORTY FIVE TEN COMMUNICATIONS

If you voluntarily provide your email address to the Site, you agree that Forty Five Ten may send email to you for the purpose of advising you of changes to the Site, about any of Forty Five Ten’s products or services, or for such other purposes as Forty Five Ten deems appropriate, unless and until you provide Forty Five Ten with notice of opt-out, subject to the terms and conditions of our Privacy Policy. (See Privacy Policy "Right to Opt-Out.)

INDEMNIFICATION

You agree to defend, indemnify, and hold Forty Five Ten harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from: (a) your use of and access of the FortyFiveTen.com website; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any patent, copyright, trademark, or privacy right; or (d) any claim that your use of the FortyFiveTen.com website caused damage to a third party. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising, or resulting from that disruption. Forty Five Ten reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Forty Five Ten in the defense of such matter.

DISCLAIMERS; LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.

THE SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. FORTY FIVE TEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FORTY FIVE TEN DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT FORTY FIVE TEN, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, ATTORNEYS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FORTY FIVE TEN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations, and job postings. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Forty Five Ten will use commercially reasonable efforts to provide accurate and updated information. However, Forty Five Ten cannot and does not guarantee the accuracy of such information. Furthermore, Forty Five Ten provides a Careers section on the Website for your information. Information, such as title, benefits, status, etc., regarding any positions listed in the Careers section is informational only and is subject to change without notice. Finally, through the Site, Forty Five Ten may provide the capability for you to upload and download files from/to your computer. Although Forty Five Ten takes the security precautions outlined in the Terms of Use and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption free, will not be intercepted by third parties, or will meet your needs and expectations.

JURISDICTION

Unless otherwise specified and except to the extent Forty Five Ten's products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Forty Five Ten's products and services available in the United States and select foreign markets. This Site is controlled and operated by Forty Five Ten from its offices in Dallas, Texas. Forty Five Ten makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

To the extent permitted by applicable law, this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Texas.

MODIFICATIONS TO TERMS OF USE

Forty Five Ten, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications, and additional rules, polices, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

This Agreement is effective unless and until terminated by either you or Forty Five Ten. You may terminate this Agreement at any time by discontinuing use of the Site. Forty Five Ten also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Forty Five Ten's sole discretion you fail to comply with any term or provision of this Agreement.

WAIVER

Forty Five Ten’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Forty Five Ten’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Forty Five Ten to exercise or take advantage of any right or remedy that Forty Five Ten has or may have hereunder, operate as a waiver of any right or remedy.

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

 

Last Updated: October 29, 2018

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