Terms of Use | www.FPCompanyOnline.com

FPCompanyOnline.com™ Terms of Use

Updated June 25, 2012
(View Previous Terms of Use)

By clicking that you accept these Terms and Conditions of Use of FPCompanyOnline.com, you agree to a legally binding Agreement ("Agreement") between you, the user, and Flemming Petersen & Company, LLC ("Company" "FPCompanyOnline," "we," or "us"). Flemming Petersen & Company, LLC owns and operates the FPCompanyOnline.com Website ("Site"), and other products and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement and in the event of a purchase, you acknowledge that you are authorized to make such payment. "User" includes all visitors to the Site, and those registered with the Site.

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions (“Terms”) at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site. Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

FPCompanyOnline sells handmade goods including but not limited to cutting boards and lazy susans (“Goods”). Please be sure to read our Privacy Policy, which outline our policies to respect the privacy and enjoyment of our users.

Usage. Our Site and Services are designed for those who are over the age of 18. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. FPCompanyOnline grants you a limited revocable license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted.

Registration and Account Membership. In order to make a purchase, you will need to register for an account membership (“Account”). You may register at any time for free. We will ask for your name, address, phone number, email address, and Paypal account information. You agree not to provide any false information on the Site or to create an Account for anyone other than yourself. Your Account is personal to you, which means that you are not authorized to transfer, loan, give or sell your Account membership. It is your responsibility to keep your Account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your Account. You agree to keep your contact, and Account information updated and accurate. You can manage your personal information within the “My Account” section of your Account. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us at support@FPCompanyOnline.com.

Payments and Refunds. We are committed to creating handcrafted wood products that exceed all customer expectations. If you’re not completely satisfied with your product, you can return the product within the first 30 days after delivery. The product must be in excellent condition as delivered, unused and undamaged. Please contact us by email at support@FPCompanyOnline.com prior to returning your product. Please pack the item and packing slip in the original shipping box, and send to the following address: FPCompanyOnline, 16436 Endeavor Ct., Lakeville MN 55044. Once we have received a returned product, a refund of the purchase price will be issued through the same payment method used to purchase the product. Shipping and handling costs are non-refundable. Custom-made products are unfortunately non-returnable and non-refundable. If you are not satisfied with a custom-made product, please contact us by email at support@fpcompanyonline.com. Our goal is to have happy, satisfied customers. Our pricing and features are subject to change, with such notice provided at any time by posting the changes to the Site. Our Goods are not to be bought for resale. We recognize the importance of your privacy and employ SSL during transactions. We use Paypal as our payment processor. Please refer to their website's Privacy Policy and Terms of Use.

Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Our third party service provider employs SSL during your order processing. We do not store your financial information.

Intellectual Property and Copyright Notice. Our Site is controlled and operated by Flemming Petersen & Company, LLC Our software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, code, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of FPCompanyOnline. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, music, videos, and photos). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the Intellectual Property, including copyrights, patents and trademarks, on our Site, please email us at copyright@FPCompanyOnline.com. FPCompanyOnline reserves all rights other than those expressly granted herein.

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. You shall not submit or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights: (ii) is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, immoral, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent.

Linking To Site. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by the company of the linked website. Please refer to the terms of use and privacy policy for each site visited.

Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, or indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

DISCLAIMER OF WARRANTIES. THE MATERIALS, INFORMATION, AND GOODS OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE, SERVICES, AND GOODS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FPCOMPANYONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. FPCOMPANYONLINE DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FPCOMPANYONLINE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, FPCOMPANYONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, OR SERVICES EITHER BY FPCOMPANYONLINE, OR THIRD PARTIES PROVIDERS. FPCOMPANYONLINE ASKS THAT YOU REVIEW THE COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THE TERMS AND CONDITIONS AND PRIVACY POLICY OF THIRD PARTY PROVIDERS. YOU AGREE THAT NEITHER FPCOMPANYONLINE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY GOOD, SERVICE, OR INFORMATION PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES, AND GOODS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FPCOMPANYONLINE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE, ANY SERVICES, AND GOODS PROVIDED BY FPCOMPANYONLINE. THE ENTIRE LIABILITY OF FPCOMPANYONLINE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FPCompanyOnline reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with FPCompanyOnline in the defense of any such claim, action, settlement or compromise negotiations, as requested by FPCompanyOnline.

GENERAL RELEASE. IT IS THE USER’S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SERVICES AND GOODS. YOU, NOT FPCOMPANYONLINE, BEAR FULL AND SOLE RESPONSIBILITY.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of Minnesota without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in the Second District Court and St. Paul, Minnesota. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Minors and COPPA. Our Site is directed at those who are 18 or older. If you are under 18, you cannot submit orders or register with our Site. However, you may use our Site on a viewing only basis, if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. No one under age 13 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.

Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy, constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder.

No Partnership or Agency. Nothing contained herein shall create a partnership, agency, or joint venture between FPCompanyOnline and you.

Termination. You may cancel your registration/membership at any time by emailing us at support@FPCompanyOnline.com. Within a reasonable period of time from your cancellation, all of the information you submitted to our Site will be deleted. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination of your Account, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your Account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold FPCompanyOnline harmless for any and all liability that we may incur.

Notice. Unless otherwise indicated, please direct notices to FPCompanyOnline, 16436 Endeavor Ct., Lakeville MN 55044, or send an email to notice@FPCompanyOnline.com. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated at our “My Account” page (link).

No Commercial Use. You understand and agree that you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. You are not authorized to resell any Goods sold by FPCompanyOnline. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at info@FPCompanyOnline.com.

Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our Services and Goods.

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email not less than thirty (30) days from the effective date of the change. It is your responsibility to review these Terms, including the Privacy Policy, which are available at www.FPCompanyOnline.com.