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Flambeau Hardware Terms of Use

Effective Date: February 8, 2021

Welcome to this website provided to you by Flambeau Hardware, a division of Flambeau, Inc. (collectively, "Flambeau Hardware"). As used in these Terms of Use, references to "Flambeau Hardware" include its owners, subsidiaries, affiliates, officers, and directors. Your access to and use of the website, www.flambeauhardware.com, is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

By accessing and browsing this website, you agree to the following terms and conditions of use on behalf of yourself and any entity that you represent. If you do not agree, please do not access or use this website.

Modification of Terms of Use

Flambeau Hardware reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Notice regarding material changes will be posted conspicuously on this website or otherwise communicated to you prior to the implementation of such changes. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Privacy Agreement

You understand that access and use of this website is governed by the terms of the Flambeau Hardware’s Privacy Agreement.

Site Information

Information and materials displayed on this website, including, without limitation and to the extent applicable, product offering, product pricing, specifications, warranty and /or other information, are subject to modification without notice. Flambeau Hardware reserves the right to modify such information without any obligation to notify past, current or prospective website users.

In addition, to the extent Flambeau Hardware offers you the ability to purchase products on the information and materials on this website, the information and materials are applicable to products sold in the United States and not necessarily to products sold in other countries. Some products or services may not be available in certain areas.

Specifications on the website are for comparison purposes only. Prices exclude shipping and applicable taxes, which will be added to any online order. Prices on purchases from any third party are controlled by such third party such that actual reseller price may vary.

Mention of any third party products or services is provided for informational purposes only and does not constitute an endorsement or recommendation of such products or services by Flambeau Hardware.

All offers on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Compliance with Laws

In connection with your access to and use of the website, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

Intellectual Property Rights

All text, audio, video, graphics, images, charts, data structures, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the copyrighted materials of Flambeau Hardware or its vendors or suppliers. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to Flambeau Hardware and its affiliates appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Nothing on this website shall be construed as conferring any license with respect to Flambeau Hardware or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Any unauthorized use of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Flambeau Hardware or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Website

You may download and/or print a copy of this website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Flambeau Hardware.

You may not violate the security of any Flambeau Hardware network or system. Such violations may result in criminal and civil liability. You may not probe, scan or test the vulnerability of this website or attempt to breach any security or authentication measures or monitor data or traffic on our website. You may not interfere with the functioning of this website, including without limitation any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks. You may not use manual or electronic means to avoid the use or access limitations that may be on this website.

Purchases

All purchases made via this website are subject to the Flambeau Hardware Terms & Conditions of Sale. All payments must be made via credit card or debit card. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution.

Accounts

If you elect to access certain features and functions of the website, you will be required to set up an account to do so. You are responsible for maintaining the confidentiality of any information you use in connection with the website, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at marketing@flambeauhardware.com. Please log out of your account at the end of each session. In connection with your access to and use of the website and that of any person you permit to access and use your account, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the website and account is true, accurate, and complete to the best of your knowledge and belief. You may not transfer your account to or share your account with any other person. Your account is personal to you.

To the maximum extent permitted by applicable law, we may, for any reason and in our sole discretion, suspend, deactivate, or terminate your account and your use of the website, without notice or liability, if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with any applicable laws or regulations, if your account is inactive, or if it becomes no longer commercially viable to provide the website or account services to you. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by selecting that option on our website, if available, or by contacting us using the contact information below.

No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ALL CONTENTS OF THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. FLAMBEAU HARDWARE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

FLAMBEAU HARDWARE DOES NOT WARRANT THAT USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. FLAMBEAU HARDWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR USE OF THIS WEBSITE. YOUR USE THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEBSITE.

Limitation of Liability

FLAMBEAU HARDWARE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF REVENUE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLAMBEAU HARDWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITS OR EXCLUSIONS MAY NOT APPLY TO YOU. FLAMBEAU HARDWARE’S LIABILITY IN ANY CASE SHALL, HOWEVER, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Submission / Feedback Information

Any feedback, comments, suggestions, ideas, or similar materials that you send to Flambeau Hardware in connection with the appearance or operation of this website or any Flambeau Hardware or affiliate product or service will be treated as non-confidential and non-proprietary. Flambeau Hardware may use any and all such materials without notice to you and without your consent. All such materials become the property of Flambeau Hardware and may be used for any purpose and on an unrestricted basis. By submitting such information to Flambeau Hardware you are assigning to Flambeau Hardware, at no cost to Flambeau Hardware, all copyright and other intellectual property rights to the information. Flambeau Hardware may publish such material and/or incorporate it or any concepts described in it in our products or on our website without compensation, restrictions on use, acknowledgement of source, accountability, or liability unless agreed to otherwise in writing.

Social Media

Links to Flambeau Hardware’s social media pages (e.g., Facebook, Instagram, Twitter, and YouTube) are included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Flambeau Hardware’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms of Use. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

Third-Party Websites

Flambeau Hardware may include links to other websites on the internet that are not owned or operated by Flambeau Hardware or its affiliates as a convenience to our users. These third party websites may include authorized resellers of Flambeau Hardware products and equipment or various program affiliations.

Flambeau Hardware provides these links to you only as a convenience, and the inclusion of any link does not imply directly or indirectly, any approval, association, sponsorship, endorsement of or affiliation with the third party or its website. Flambeau Hardware is not responsible for the contents of any third party website, including without limitation any dealer or reseller website.

You link to any other pages or websites at your own risk. You should review and determine if you agree to a particular website’s terms and conditions of use before using such a website.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FLAMBEAU HARDWARE (TOGETHER WITH ITS AFFILIATES) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR YOUR VIOLATION OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF FLAMBEAU HARDWARE OR ANY OTHER PERSON OR ENTITY.

Termination

If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the website, and we may restrict your access. Flambeau Hardware may suspend or terminate the website, in whole or in part, at any time in its sole discretion for any reason. Flambeau Hardware shall not be liable to you or anyone else for any damages arising from or related to Flambeau Hardware’s suspension or termination of your access to the website, or in the event Flambeau Hardware modifies, discontinues or restricts the availability of the website (in whole or in part).

Website Unavailability

Without limiting the generality of the previous section, the website may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

General

Unless otherwise specified, this website and its contents are displayed solely for the purpose of marketing, promoting, and selling Flambeau Hardware products and services. The website is controlled by Flambeau Hardware from its offices in Baraboo, WI. All matters relating to this website shall be governed by federal laws and the laws of the State of Wisconsin. Any legal action or proceeding relating to this website shall be instituted in a state or federal court with jurisdiction over Baraboo, Wisconsin. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts. We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent. These Terms of Use inure to the benefit of Flambeau Hardware’s successors and assigns. Flambeau Hardware’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Flambeau Hardware. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

If you have any questions regarding Terms of Use, please contact Flambeau Hardware’s Legal Department at;
Nordic Group of Companies, Ltd.
Attn: Legal Counsel
715 Lynn Avenue, Suite 100
Baraboo, WI 53913 USA
E-mail: info@nordicgroup.com
Phone: 608-356-0136
Fax: 608-355-2280