Please review our privacy policy (available at www.foutchindustries.com) (“Privacy Policy”), which also governs your visit to the Site and is incorporated by reference into these terms of use. You agree to the use of your information in accordance with the Privacy Policy.
Disclaimer of Warranties and Limitation of Liability
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FOUTCH MANUFACTURING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FOUTCH MANUFACTURING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FOUTCH MANUFACTURING DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING ANY E-MAILS SENT BY US) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL MEET YOUR NEEDS.
IN NO EVENT WILL FOUTCH MANUFACTURING BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FROM ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF YOU HAVE ADVISED FOUTCH MANUFACTURING IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND SUCH DAMAGES ARE FORESEEABLE.
We may from time to time provide links to other websites as a convenience to you, and we assume no responsibility or liability for the contents of those websites, or any products or services advertised or sold on those websites.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (available at http://kids.getnetwise.org/tools/).
Unsolicited Submissions
If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us any claim based on any proprietary rights therein.
Applicable Law and Disputes
The Site is controlled and operated by Foutch Manufacturing in the state of Tennessee. These terms of use and your use of the Site are governed by the laws of the state of Tennessee, without giving effect to any principles of conflicts of laws. Any dispute arising out of or relating in any way to these terms of use or the Site may only be brought in the state or federal courts located in Dekalb County, Tennessee.
Miscellaneous
We reserve the right at any time to: (1) make changes to the Site, the Privacy Policy and these terms of use; (2) revoke your permission to access, use or hyperlink to the Site; and (3) seek all remedies available at law and in equity for violations of these terms of use, including suspending or blocking your access to the Site. The waiver by us of a breach or violation of any provision of these terms of use is not a waiver of any subsequent breach or violation.
These terms of use, together with the Privacy Policy, state the entire agreement with regard to the items discussed above. Any insurance policy that we issue to you will be a separate contract.
If any provision of these terms of use is found to be void, invalid or unenforceable: (1) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (2) the remaining provisions will remain in effect.
Contact Us
If you have any questions, comments or concerns about these terms of use please contact us at:
www.foutchindustries.com (888) 222-0557
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