Privacy Policy
TERMS OF USE
Please read these Terms of Use carefully before using this website. Your use of this website signifies your agreement to these Terms of Use. If you do not agree to these terms, you will not be authorized to use the site.
LIMITED LICENSE TO USE THE MATERIALS
This entire website and the various separate parts thereof are protected under United States federal copyright law and worldwide copyright laws and treaties. The website contains various materials such as content, software, video, audio, art, graphics, text, etc. (collectively, the "Materials"). You may download or print copies of the items that are included in the Materials in connection with the use or proposed use of FETCO products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials; or (b) remove any copyright, trademark or other proprietary or warning notices from the Materials. You agree to prevent any unauthorized copying or use of the Materials. By providing you with this limited license to use the Materials, FETCO is not in any way transferring your title to the Materials. You may own the medium on which the Materials are recorded, but FETCO retains full and complete title to the Materials and all intellectual property rights therein.
TRADEMARKS
The names, trademarks, and logos of FETCO appearing on this site may not be used in any advertising or publicity, or otherwise to indicate FETCO's sponsorship of or affiliation with any product or services, without FETCO's prior express written permission. The names, trademarks, and logos of FETCO may not be used in connection with any disparaging statements about FETCO or its products, or statements that otherwise reflect poorly on FETCO. FETCO, LUXUS, EXTRACTOR, THE EXTRACTOR and Design, MILLENIA, DRIVEN TO PIONEER INNOVATION, DRIVEN TO PIONEER INNOVATION and Design, PULSE-BREW, BREWMASTER, LOCK-N-GRIP and SHANKLESS are trademarks or registered trademarks of FETCO. All other trademarks or trade names are trademarks or trade names of their respective owners.
DISCLAIMER
FETCO HAS DONE ITS BEST TO MAKE SURE THAT EVERYTHING ON THIS WEBSITE IS ACCURATE AND COMPLETE. HOWEVER, THIS SITE, THE MATERIALS, AND ALL OF THE INFORMATION CONTAINED WITHIN THE FOREGOING ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. FETCO does not warrant that the functions contained in the Materials including access to the website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. FETCO does not warrant or make any representations regarding the use or the results of the use of the Materials in the FETCO Website in terms of their correctness, accuracy, reliability, usefulness or otherwise. You (and not FETCO) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such states, the exclusion of implied warranties shall be as broad as the greatest extent permitted by such state. If you have purchased products from FETCO, you may be entitled to certain warranty protections in association with the purchase of those products, and they are effective as expressly stated therein without modification by the foregoing.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, gross negligence or recklessness, shall FETCO be liable for any special or consequential damages that result from the use of, or the inability to use, the Materials, or resulting from the alteration or deletion of any posted messages, even if FETCO or a FETCO authorized representative has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or other problem or reason, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, the liability of FETCO is limited to the greatest extent permitted by such state law. In no event shall FETCO's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence, gross negligence or recklessness) or otherwise exceed the amount paid by you to FETCO, if any to FETCO, for accessing the FETCO Website.
INDEMNIFICATION
You agree to indemnify and hold FETCO, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of this website, the Materials, the violation of these Terms of Use by you, or the infringement by you, or another user of the site using your computer, of any intellectual property or another right of any person or entity. FETCO reserves the right, at your own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you. You will be liable to FETCO for FETCO's reasonable attorney fees in such a case.
LINKS TO OTHER WEBSITES
FETCO makes no representation whatsoever regarding the content of any other websites which may be accessed from the FETCO Website. FETCO is not responsible for the accuracy or availability of non-FETCO websites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FETCO shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on non-FETCO websites or resources. All concerns regarding any external link should be directed to its respective site administrator or webmaster.
PRIVACY
It is FETCO's policy to take reasonable measures to respect the privacy of FETCO's users. FETCO will take reasonable measures not to disclose information about you or the content of your communications other than content that is publicly available or accessible via the Guest Book, except that FETCO may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these Terms of Use; (d) to respond to claims that any content on the FETCO Website violates the rights of third parties; or (e) to protect the interests of FETCO or others, as FETCO may determine in its sole discretion.
FETCO does not share information submitted through registration for the FETCO Email Newsletter. By opting in through registration, users are agreeing to be contacted by FETCO, but their contact information will not be shared with a third party.
FETCO will make reasonable efforts at its convenience to update or correct personal information previously submitted which the user states is out of date or erroneous, to the extent that such activity will not compromise privacy or security.
FETCO reserves the right to change this policy at any time by notifying users of a new policy statement, which may be posted on FETCO's website without any further notice. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
GENERAL
This site is controlled by FETCO from its offices within the United States of America. FETCO makes no representation that Materials in the site are appropriate or available for use in other locations. Access to the Materials from territories where their content may be illegal is prohibited. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You and FETCO agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Cook County, Illinois. If any provision in these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject herein.
No modification of these Terms of Use may be made by you, except in writing, signed by both parties. FETCO shall have the right at any time to change or modify the terms and conditions contained in these Terms of Use, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on FETCO's website or by electronic or conventional mail, or by any other means used by FETCO to provide notice thereof. Any use you make of FETCO's website(s) after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. FETCO shall have the right at any time to change or discontinue any aspect or feature of its website(s), including, but not limited to, content, hours of availability, and equipment needed for access of use.