Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
It is expressly acknowledged and agreed that Fire Pit Brokers, Inc. is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by Fire Pit Brokers, Inc. shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, Fire Pit Brokers, Inc. expressly disclaims any and all 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 any and all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FirePitBrokers.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. WoodlandDirect.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FirePitBrokers.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Fire Pit Brokers, Inc. does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products sold or distributed by Fire Pit Brokers, Inc. (the “Products”) on FirePitBrokers.com (the “Site”). With regard to communication with Fire Pit Brokers, Inc.’s technical sales staff, it is agreed and acknowledged that Fire Pit Brokers, Inc.’s technical sales staff is only provided to assist in the identification of the Products. Fire Pit Brokers, Inc.’s technical sales staff does not and shall not assume any responsibility or liability whatsoever relating to the installation or use of any Products. The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances. Fire Pit Brokers, Inc. expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend and hold harmless Fire Pit Brokers, Inc. and its employees, officers, directors, owners and agents, from and against any such claims for damage, injury, cost or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of the any Products purchased by the customer.
In the event that a FirePitBrokers.com product is mistakenly listed with a typographical or pricing error, FirePitBrokers.com reserves the right to refuse or cancel such orders placed for product with typographical or pricing errors, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FirePitBrokers.com shall issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FirePitBrokers.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
FirePitBrokers.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to FirePitBrokers.com.
You agree to indemnify, defend, and hold harmless FirePitBrokers.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of Colorado, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FirePitBrokers.com products) shall be in the state or federal courts located in Douglas County, Colorado. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FirePitBrokers.com products) must be commenced within one (1) year after the claim or cause of action arises. FirePitBrokers.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FirePitBrokers.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FirePitBrokers.com without notice at any time, for any reason. The provisions relating to Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.