TERMS OF USE
By using this website, you agree to the following terms and conditions of use (“Terms”). By using this website, you signify that you have read, understand and agree to be bound by these Terms. If you disagree with any of the Terms, you should immediately terminate use of this website. If you have any questions, please contact Fjarn through the form found on this page. Fjarn, Inc. (“Fjarn”) reserves the right to change these terms at any time. By using this website you agree to our use of your personal information and content in accordance with our Privacy Statement, which is incorporated into these Terms by reference.
“Fjarn” is a registered trademark of Fjarn Incorporated.
The Fjarn Bear Logo is a trademark of Fjarn Incorporated. Unless otherwise indicated, all other marks appearing on this website are trademarks of Fjarn. All website materials and creative works displayed on this website are the proprietary and copyrighted property of Fjarn. All other material on this website, at any time, such as photos, text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photographs, and software is the property of Fjarn and are protected by copyright, trademark and other intellectual property laws. Your use of any of the material on this website without express permission is strictly prohibited.
If you believe that any material on this website infringes upon your intellectual property, or that any link on this website directs users to a website containing infringing material, please contact us using the form on this page. We will investigate the matter and remove content where appropriate. Removal of such content shall not be construed as an admission of infringement.
You agree to use this website in a manner consistent with all laws and regulations and in accordance with these Terms. Except as expressly and unambiguously permitted in these Terms, you may not, nor may you permit anyone else to, directly or indirectly:
• use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
• copy, modify, republish or repost, distribute, or otherwise exploit any content, or material, or information from this website;
• mirror any content, material, or information, contained on this website or use framing techniques to enclose this website or any part of this website, or circumvent any of the technical limitations of this website;
• perform or attempt to perform any actions that would interfere with access to or operation of this website;
• use this website in a way that violates law, would create liability or promote illegal activities;
• transmit files or messages containing computer viruses or worms, Trojan horses, or “spyware” programs;
• impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account; or
• use this website or post anything to this website for commercial activities such as contests or advertising.
• invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
• take any actions that may impose an unreasonable or disproportionately large load on Fjarn’s infrastructure (in Fjarn’s sole discretion);
• solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• tamper with or obtain access to the Services, the Web Site or any component of the Web Site;
• conduct fraudulent activities;
• register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity.
If you upload or send or submit any content to this website or to any email associated with Fjarn (“Upload” or “Uploading”), you grant (and promise that you have the right to grant) to Fjarn a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense the content you Upload, in any media for any legal purpose, without any additional consideration due to you.
To the extent that the content you Upload includes names, biographical information, or other identifying features (“Likeness”) of you or your family members (including children), you hereby consent to Fjarn publishing and using your Likeness for any lawful purpose, including marketing Fjarn’s products and services.
By Uploading content to this website you promise that:
• you are the sole author and owner of the intellectual property rights to the content;
• you are waiving all “moral rights” that you may have in the content;
• all content is accurate; and
• you are at least 18 years old.
You further promise that you will not Upload any content:
• that violates the Terms;
• that is false, inaccurate or misleading;
• that contains confidential information;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that is unlawful;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites or personal information
All content that you Upload may be used at Fjarn’s sole discretion. Fjarn reserves the right to change, condense or delete any content for any reason, without notice and without liability. Fjarn does not guarantee that you will have any recourse to edit or delete any content you have Uploaded. However, you may contact Fjarn to request that we remove your review. Fjarn reserves the right to remove or to refuse to post any content you Upload for any reason. You acknowledge that you, not Fjarn, are responsible for any content that you Upload. You shall remain solely responsible for any liability incurred due to content that you Upload. All content that you Upload may be posted publicly, and therefore Fjarn is not under any obligation of confidentiality, express or implied, with respect to the content.
By submitting your email address, you agree that Fjarn and its third-party service providers may use your email address to contact you about your account and to send you marketing emails, all in accordance with our Privacy Statement.
Fjarn does not sell products for purchase by children under 18 without parental consent. By using this website, you represent that you are at least 18 years old. Fjarn is not responsible for any damages that may result from misrepresentation of age by a user of our website.
Prices are displayed in U.S. Dollars and may be changed without notice.
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
All orders placed through this website are subject to acceptance by Fjarn. Fjarn cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. We reserve the right to limit quantities of purchases of any items, including without limitation after an order has been submitted and/or acknowledged.
While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on this website if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on this website.
We attempt to provide accurate descriptions of the products and services available on this website. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.
When you purchase an item on the website, you will be required to provide Fjarn with your credit card billing information. In consideration of your use of the website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You agree to pay for all charges accumulated by you on the website. You acknowledge that you will have sole responsibility for all taxes relating to such order (except those based on Fjarn’s net income), and you agree to pay all applicable taxes. You also agree to provide true, accurate, current and complete information about yourself as prompted by the website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fjarn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fjarn has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Fjarn immediately of any unauthorized use of your account or any other breach of security.
In no event shall Fjarn or its officers, directors, shareholders or employees be liable for any direct, indirect, special or consequential damages, or any other damages of any kind, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected to the use of this website.
Fjarn shall not be liable for any lost profits, lost opportunity, indirect, special incidental, punitive or consequential damages resulting from the use of this site. Fjarn’s total liability to a user shall never exceed the amount that user has paid to Fjarn for products purchased on this website.
You agree to defend, indemnify and hold harmless Fjarn, its employees, directors, contractors and agents from and against any third party claim, damages, costs and expenses (including attorneys’ fees), arising from or related to use of this website.
You acknowledge and agree that the essential purpose of these sections are to allocate the risks of operating this website and limit Fjarn’s potential liability. Fjarn has relied on these limitations in determining whether to provide you with the rights to access and use this website.
Fjarn expressly disclaims any representation or warranty that the operation of this website will meet your requirements, that this website will be free from viruses or other harmful components.
Provided the user complies with the Terms, the user is granted a limited, nonexclusive, revocable, personal right to link to this website solely to make purchases, and provided such link does not portray Fjarn or any of its products or services in a misleading, derogatory or otherwise defamatory manner. This limited right may be revoked or modified at any time, including blocking certain IP addresses or device numbers, without prior notice and without any liability. You may not use or any techniques to enclose any Fjarn trademark, logo or other proprietary information. Fjarn’s intellectual property may not be used in meta tags or any other “hidden text.” Fjarn makes no representation regarding, and accepts no responsibility for, the content of websites linking to this website. Fjarn does not control the content of any other website linked from this website.
Fjarn controls and operates this website from the United States. Fjarn does not represent that this website (or any content) is applicable, appropriate or available for use in locations outside the United States. If you choose to access or use this website from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, this website is solely directed to individuals, companies, or other entities located in the United States.
Any cause of action or claim you may have with respect to Fjarn or this website (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This document represents the entire agreement between the parties.
Prior lax enforcement of any provision of the Terms shall not be construed as a waiver of that provision.
The laws of the State of Utah shall govern and construe these Terms, without giving effect to any conflict of laws provision to the contrary. User irrevocably consents to the venue of Utah.
