PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. These Terms constitute an agreement between FactoryOutletStore and you. We recommend that you print a copy of these Terms for your records.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Site only for lawful purposes.
You shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents available from FactoryOutletStore and other generally available third party web browsers.
You are prohibited from violating the security of the Site by, without limitation: (a) accessing data not intended for you or logging onto a server or an account which the user is not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services on behalf of FactoryOutletStore or the Site; or (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
FactoryOutletStore will investigate any potential violation of these Site Security Terms and may engage law enforcement authorities in prosecuting users involved in any such violation. A violation of these Site Security Terms may result in civil and/or criminal liability.
Intellectual Property Rights
All content included on or comprising the Site, including information, data, software, photographs, graphs, illustrations, designs, logos, icons, videos, typefaces, graphics, music, sounds, programs, written and other material (“Content”) is protected by copyright, trademark, patent, or other proprietary rights held by FactoryOutletStore, one of its affiliates, or by a third party who has licensed its materials to FactoryOutletStore. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future.
The compilation (meaning the collection, arrangement, and assembly) of the Content is the exclusive property of FactoryOutletStore and is protected by U.S. and international copyright laws.
You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy, or port the Content on any network computer, or broadcast the Content in any media.
You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
User Generated Content: Reviews, Comments, Communications, and Other Content
We welcome your comments regarding the Site; however, all comments, feedback, postcards, suggestions, ideas, or other submissions disclosed, submitted, or offered to FactoryOutletStore on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of the Site in any media (“User Content”) shall be and remain FactoryOutletStore property.
By submitting User Content, you grant FactoryOutletStore a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.
FactoryOutletStore is and shall be under no obligation to: (1) maintain any User Content in confidence; (2) pay to user any compensation for any User Content; or (3) respond to any User Content.
You agree that no User Content submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Content submitted by you to the Site will be or contain false, misleading, libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the User Content you create.
FactoryOutletStore does not endorse any User Content or any opinion, recommendation, or advice expressed therein. FactoryOutletStore reserves the right, but is not obligated, to monitor User Content. FactoryOutletStore has the right to refuse, remove, edit, or delete any User Content and/or terminate any user’s access to the Site for any reason. FactoryOutletStore takes no responsibility and assumes no liability for any User Content.
User Access and License
Subject to your compliance with these Terms and your payment of any applicable fees, FactoryOutletStore grants you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal, non-commercial use of the Site. This license does not include: (a) any resale or commercial use of the Site or its contents; (b) any collection or use of any product listings, descriptions, prices; (c) any derivative use of the Site or its contents; (d) any downloading, copying, or other use of account information for the benefit of any third party; or (e) any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by FactoryOutletStore or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site nor any of its contents may be reproduced, modified, distributed, republished, duplicated, transmitted, displayed, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FactoryOutletStore.
No right, title, or interest in any viewed, copied, or downloaded content taken from the Site is transferred to you as a result of your use of the Site. FactoryOutletStore owns and reserves all rights, title, and interest in and to the intellectual property rights in any content you access on the Site.
You may use the Site only as permitted by law. The licenses granted by FactoryOutletStore terminate if you do not comply with these Terms.
You may create your own FactoryOutletStore account through the Site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit your account settings to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. FactoryOutletStore reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion.
Except where noted otherwise, the list price or regular price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price or regular price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a bundle, the list price or regular price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If an item you ordered is not available in the period that you require, we may recommend a substitution and will provide you the ability to approve the substitution prior to shipping.
By using the Site, you agree to comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services you obtain from the Site.
You agree to defend, indemnify, and hold harmless FactoryOutletStore, its agents, and licensors, from and against any and all claims, damages, costs, expenses, including attorneys’ fees, arising from or related to: (a) your use of the Site, including any User Content you submit, post, or transmit; (b) your violation of these Terms; and/or (c) your violation of any rights of another user of the Site.
Termination of Use
These Terms are effective unless and until terminated by either you or FactoryOutletStore. You may terminate your account and/or use of the Site at any time. FactoryOutletStore may, in its sole discretion and at any time, terminate your account or your use of the Site and may remove/delete your User Content at any time, with or without notice. You are personally liable for any orders that you place or charges that you incur prior to termination.
FactoryOutletStore may, in its sole discretion and at any time, change, suspend, or discontinue all or part of the Site, with or without notice.
Disclaimer of Warranties
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FACTORYOUTLETSTORE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
FACTORYOUTLETSTORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FACTORYOUTLETSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE BY YOUR USE OF THE SITE AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE TERMS.
ANY ORAL OR WRITTEN STATEMENT, INFORMATION OR REPRESENTATION GIVEN OR MADE BY FACTORYOUTLETSTORE OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES ABOUT ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS PERFORMANCE, PRODUCTION, OR DELIVERY: (A) SHALL NOT CONSTITUTE A FACTORYOUTLETSTORE REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THESE TERMS; (B) SHALL NOT BE RELIED UPON BY YOU OR ANY OTHER PERSON, AND YOU HEREBY EXPRESSLY DISCLAIM SUCH RELIANCE; AND (C) IS NOT A PART OF ANY WARRANTY OR THE PARTIES' BARGAIN.
Limitation of Liability
THE SOLE AND MAXIMUM LIABILITY OF FACTORYOUTLETSTORE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PARTICULAR GOOD(S) PURCHASED.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL FACTORYOUTLETSTORE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, LITIGATION OR THE LIKE), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, EVEN IF A FACTORYOUTLETSTORE REPRESENTATIVE HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FACTORYOUTLETSTORE AND YOU.
Applicable Law and Jurisdiction
These Terms shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. Any disputes or legal claim related to these Terms and/or your use of the Site shall be subject to the exclusive jurisdiction of and shall be finally settled in an action commenced or maintained in any state or federal court sitting in New York County, New York. Both FactoryOutletStore and you hereby consent and submit to the exclusive personal jurisdiction of such courts and agree not to challenge or assert any defense to the jurisdiction of such courts, including, without limitation, forum non conveniens.
Modification, Severability, Waiver
These Terms constitute the entire agreement between FactoryOutletStore and you, superseding all previous understandings and writings. We reserve the right to make changes to the Site, any FactoryOutletStore policies and these Terms at any time.
Should any part of these Terms be deemed void, invalid, or for any reason unenforceable, that part shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, or, if cannot be so construed, it shall be deemed severable and all remaining parts shall remain in full force and effect.
No delay or omission by FactoryOutletStore in exercising any right or remedy hereunder shall constitute a waiver thereof or of any other right or remedy, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right or remedy. All rights and remedies of FactoryOutletStore are cumulative.
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, text, mobile push notices, or notices and messages through the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
FactoryOutletStore offers a full range of products produced by a variety of manufacturers. Please note that FactoryOutletStore.com does not in any manner allege any affiliation between the manufacturers and our corporation. FactoryOutletStore’s website is used only for the purpose of shopping on this site, placing an order on this site, or for conducting other tasks associated with shopping or placing an order on this site. By placing an order with FactoryOutletStore.com you acknowledge and agree that at no time is FactoryOutletStore making any representation or warranty regarding the products purchased by you the consumer.