Terms and Conditions
Read through all terms and conditions before using this site. You automatically agree to these terms and conditions upon accessing and using this site. All users agree to these and other applicable laws. If you do not agree with the terms, please do not use this site.
Limitation of Liability
Fireplace Deals does not, and never will assume any liability for the use of, or defects from any products sold and distributed by Fireplace Deals, even if they have been advised of the possibility of such defects or damages. Fireplace Deals technical staff is only to provide assistance in the identification of products. Fireplace Deals, or its staff, does not assume responsibility or liability in regard to installation, the use of, or troubleshooting process of the products. The customer is advised to seek professional help to install and set up any appliance in compliance with any state or local codes. Fireplace Deals will not be held liable for any injury, damage, or cost associated with the installation of the products. The customer will hold harmless and defend Fireplace Deals, its employees, directors, and agents against any claims for damage, injury, cost, or expense incurred as a result of or related to the installation or use of a product from the Fireplace Deals site.
Copyright
Everything including but not limited to, graphics, text, and code is copyrighted as a collective work under the United States and other copyright laws and is the sole property of Fireplace Deals. Collective works include works that are licensed to Fireplace Deals. You may be allowed to download and print portions of materials from Fireplace Deals for only non-commercial use, or to place an order with Fireplace Deals. Copyright 2021. ALL RIGHTS RESERVED. Any permission granted to electronically copy and print hard copies of this site is solely for placing an order for purchase on Fireplace Deals. Any other use, distribution, reproduction, or display of content on this site is strictly forbidden unless explicitly authorized by Fireplace Deals. You agree not to change or delete any proprietary notices from materials of this site.
Trademark
All trademarks, service marks, and trade names of Fireplace Deals used in the site are trademarks or registered trademarks of Fireplace Deals.
Warranties
Fireplace Deals is not the manufacturer of any products. All warranties offered for products sold by Fireplace Deals will be exclusively provided by the manufacturer of the products. To the extent permitted by applicable law, Fireplace Deals renounces any other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade or otherwise, and expressly excludes and disclaims all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.
All products and materials on this site are provided “as is” without warranty. To the full extent of the law, Fireplace Deals disclaims all warranties, expressed or implied. Fireplace Deals don't warrant that the function or materials of the site will be error-free, or that the defects will be corrected, or the site will be free of viruses or harmful components. Fireplace Deals makes no guarantees or warranties in regard to any material on this site, including correctness, accuracy, usefulness, timeliness, or reliability. In states that do not permit limitations on warranties, this statement may not apply.
Typographical Errors
If Fireplace Deals mistakenly labels a product with a typo in the text, pricing, or listing in any place, Fireplace Deals reserves the right to cancel or refuse your order. The order placed for the product with the typographical error can be canceled even if the order had been confirmed and a credit card has been charged. In this case, when your order is canceled, Fireplace Deals will re-apply credit to your credit card the exact amount that was charged for the product due to the pricing error. If there is a technical problem with FireplaceDeals and we have displayed the wrong price, either higher or lower, your order will not be processed, we will contact to make you aware of the problem, and give you a full refund. You will then be given the option to purchase the product at the appropriate price.
Termination
All the terms and conditions apply when you decide to access this site. These terms and conditions may be terminated or changed in full or in part at any time by Fireplace Deals. These changes can happen without notice, at any time, and for any reason. Policies in regard to copyright, trademarks, disclaimers, and Limitation of Liability will survive despite any termination.
Notice
Fireplace Deals can deliver notice to you by means of email, notices, or pop-ups on the site, or by another method via the information you provide to Fireplace Deals.
Use of Site
Harassment in any form on this site, through email, live chat, including but not limited to obscene, profane, or abusive language is prohibited. Impersonating another person, including but not limited to Fireplace Deals employees, another licensed employee, customer service representative, other visitors to the site, or another professional, is forbidden. Using this site to solicit others to join, visit, or become members of any other commercial service or organization is forbidden. You may not upload, publish, distribute, or describe any libel, defamatory, threatening, obscene, abusive, or illegal materials to this site. It is prohibited to use the site for any illegal activities Anything you upload that may be considered or encourage a violation of the law or rights of any person or party is not allowed. You must follow all local and national laws on this site. You may not violate anyone else's legal rights or laws in the user's jurisdiction.
Do not take any action on this site or upload any material that may give us rise to liability or violate any laws. Users are prohibited from leasing, selling, copying, scraping or, transferring any goods, services, or intellectual property provided on this site. No unauthorized gathering of company or other users data on the site. You may not alter another website to falsely imply it is associated with this company or website.
Communications with Fireplace Deals
Communications include but are not limited to feedback, questions, comments, suggestions, or promotions. You will have no right to confidentiality in your communications and Fireplace Deals has no obligation to protect your communications from disclosure. Fireplace Deals is free to use, disclose, reproduce and distribute your communications to others without limitation. Fireplace deals is free to use any ideas, concepts or techniques contained in your communications for whatever purpose including the development and production and marketing of products and services.
Right to Access
You must be at least age 13 to use the site. Upon using the site you confirm you are over the age of 13. If you are under the age of 13 you may not access the site. If you are a parent or guardian who provided consent to your teenager's registration and use of this site, you agree to be bound by these terms in respect to the teenagers' use of the site.
Participation Disclaimer
Fireplace Deals is not responsible for any materials posted to the site. Fireplace Deals cannot review all materials posted by users including but not limited to comments, reviews, and live chats. It is the responsibility of the uploader for the content of these materials, and in using this site you agree to view and use a site with user-generated content. Fireplace Deals is not responsible for this content or communications on the site and is a passive distribution center. Fireplace Deals will not take on any obligation to legal liability for these activities on the site. Fireplace Deals does reserve the right to remove any content and communications it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Fireplace Deals in its sole discretion.
Indemnification
You agree to hold harmless and to defend Fireplace Deals, its employees, directors, agents, licensors, and suppliers (collectively “The Service Providers”) from and against all loss, expenses, damages, and costs including attorneys’ fees, resulting from the violation of these terms and conditions or any activity related or linked to your account.
Legal Disputes
Except as the terms and conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
Any dispute, claim, or controversy between you and fireplace Deals, its agents, employees, officers, directors, principals, successors, assigns subsidiaries, or affiliates, (referred to and included collectively as "Fireplace Deals") arising from or relating to these Terms and Conditions and their interpretation or the breach, termination or validity thereof, and the relationship which resulted from these Terms and conditions, or your use of any website owned and operated by Fireplace Deals and its affiliated brands will be resolved by binding arbitration, rather than in court.
The arbitrator has the sole authority to address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration claim or issue. There is no jury or judge in arbitration. Court review of an arbitration award is limited. And arbitrator can award injunctive and declaratory relief or statutory damages.
The sole exceptions to arbitration: In lieu of arbitration you or Fireplace Deals can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdiction or monetary limits, as long as it is maintained as an individual claim. The only other exception to arbitration is if you or Fireplace Deals brings suit about the infringement or misuse of intellectual property rights.
Jury Trial and Class Action Waiver
Except as the Terms and Conditions otherwise state, you and Fireplace Deals agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. Each party will also agree that any arbitration will be conducted in individual capacities and not as class action/class arbitration or other representative action and the parties waive their right to file a class action or seek relief on a class basis. You and Fireplace Deals may not make or proceed with any claim on a collective or consolidated basis, but each may bring claims against the other only in individual capacity. Other rights available in court, such as access to discovery may not be available in arbitration.
Arbitration Fees
Governing Law
You and Fireplace Deals agree that any claim between us involves commerce under and governed by the Federal Arbitration Act as well as federal laws, and not by state or local laws or laws of other countries or territories. This concerns placing limits on the availability or scope of arbitration that in any way imposes requirements beyond or inconsistent with those set forth in the Federal Arbitration Act. where otherwise applicable, the laws of the District of Columbia apply.
Third-Parties
To provide convenience and competitive value for site visitors, Fireplace Deals will offer links to third-party sites. Even if these sites are affiliated with Fireplace Deals, these sites will operate independently from Fireplace Deals and are subject to a different set of Terms, Conditions, and Policies. Fireplace Deals has no control over these linked sites and are only offered for your convenience. You must access them at your own risk. If an issue with one of these sites comes to your attention, we welcome any feedback about this site or links to other sites, in order for Fireplace Deals to offer the best possible service.
We also do not have control over 3rd party affiliates. Affiliates providing information on this site or via another channel will be liable to any user of the site or any other person for any direct, indirect, special, incidental, punitive, consequential or exemplary damages arising out of the use or inability to use these sites or any information contained within them, even if Fireplace Deals has been advised of or should have know of the possibilities of such damages or losses.
Mobile Devices and Mobile Applications
If you use a mobile device to access the Fireplace Deals site, optimized for mobile viewing, opting to receive SMS messages from Fireplace Deals, or the use of another mobile application, your access to these sites and services on your mobile device confirms you agreement to these Mobile terms as well as the rest of the Terms and Conditions. Upon opting in, you agree to receive promotional and informational SMS text messages on your mobile device. You certify that you are over 18 years of age when you opt in to receive these text messages and are the mobile account holder, or have the mobile account holder's permission to enroll the device and incur any data charges associated with the SMS messages. You agree that you are solely responsible for all message and data charges applied to use of your mobile device in regards to access of the site or use of a mobile application. All charges are billed by and payed to your mobile service provider. You understand that wireless access to the site may not be available in all areas at all times of day.
Acceptance of Orders
We reserve the right, at our sole discretion, to refuse or cancel any order, for any reason, at any time. The receipt of an order number or an email order confirmation doesn't equal the acceptance of an order or a confirmation of an offer to sell. Fireplace Deals reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer for any reason. Errors will be corrected when discovered and Fireplace Deals has the right to correct any error, inaccuracy, or omission, including after an order has be submitted. If certain orders or users constitute improper use of the site, Fireplace Deals reserves the right, at it's sole discretion to refuse or cancel any order for any reason. Your account may also be restricted and/or terminated for any reason, at Fireplace Deals discretion.
About Our Prices
The "Sale" tag on a product listing indicates we are selling that product at a discount from a price listing in the past 90 days. When we use the term "Closeout" we mean a product has been permanently reduced and will not be returning to the original price. This term will also be used to mean the product is being temporarily sold at this reduced price to clear an overstock of supply of this product being held by either Fireplace Deals or a supplier. "Closeout" prices are subject to fluctuation during the "Closeout" promotion period. Prices also may return to their original listing price, or be listed higher than the original listing price during the "Closeout " period. Prices and availability of products are subject to change without notice. Errors will be corrected when discovered and Fireplace Deals reserves the right to revoke any stated offer and correct any error even in the time after an order has been submitted.
Changes
These terms and conditions are effective September 2021. Fireplace Deals has the authority to change and update these Terms and Conditions at any time without notifying users. Changes will not be applied retroactively, but the new policies will supersede all previous versions in regards to this site. Your further use of this site constitutes as your agreement to follow and abide by the updated terms and policies.
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