Privacy Policy – Furtenburg

The Company’s Privacy Policy, as displayed on our Website, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.

Purchasing Items Featured on our Website

The company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at info@furtenburg.com

Pricing Errors and Omissions

Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.

Cancellation and Refund Policy

There are no refunds, no returns, and no cancellations
Refund Policy You agree there is no refund policy, cancellation, or returns for any of our services.
Modification or Suspension of the Website You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.

Content Disclaimer

THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE. YOUR USE OF THE WEBSITE IS SUBJECT TO ANY ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US.

Disclaimer of Warranties Concerning Use of Website and Products and Services THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE ACCORDING TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability and Damages YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO pMODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.

Compliance With Laws You agree to comply with all applicable federal, state, and local laws, regulations, rules, and ordinances regarding your use of the Website, including, without limitation, laws regarding the import/export of technical data under your online transmission.
Indemnity You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgments, agreements, representations, warranties and obligations herein.

YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH THE COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Links to Third-Party Sites The Website may link to other websites that are independent of the Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).

Ownership of Content Company owns and operates this Website. Company or third parties own all rights, title, and interest in and to the materials provided on this Website, including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes, and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of the Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.

Enforcement of Rules and Policies We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that the Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials in your state or province including third parties.
To protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances. You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.

Governing Law

The Terms and the relationship between you and Company shall be governed by the laws of the State of New York without regard to any conflicts of laws principles.

Digital Millennium Copyright Act

If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Communications should be directed to our customer service department via email, info@furtenburg.com.
In order to contact Company regarding a complaint about the Website or Materials, please Contact Us.
Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National

Technical Support|

If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.

Miscellaneous

These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, the Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.

Updated 06/09/2024