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Terms of Use
 

Terms of Use

Please review the basic rules that govern the use of Duraflame.com and the purchase of our products.  Please note that your use of our site constitutes your agreement to follow and be bound by these terms.  If you do not agree to these terms, please do not use this site.

 

Website Use

Duraflame.com is owned, controlled and operated by Duraflame, (“origin”). Use of Duraflame.com constitutes acceptance of these terms and conditions.  Although you may “bookmark” a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the terms.  Duraflame may make changes to the information on our site or to services described therein, at any time and without notice.  Duraflame may change, move, delete or add to the site frequently.  Your use of the Duraflame.com web site following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed.  For this reason, we encourage you to review these terms and conditions whenever you use this web site.


Use Restrictions and Intellectual Property

All of the content you see and hear on the Duraflame.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, photographs, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Duraflame.  All such content are the property of Duraflame.  No use of such content may be made without the prior written consent of Duraflame except to identify the products or services of Duraflame.  The products, logos, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of Duraflame and may not be used without permission.  The design or layout of Duraflame.com is protected by United States and international law, copyright, trade dress, and other intellectual property proprietary rights, and all worldwide rights, titles and interests are owned by Duraflame and may not be copied or imitated in whole or in part.

 

The content of Duraflame.com and the site as a whole are intended solely for the personal, noncommercial use by the users of our site.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this site.  No right, title, or interest in any content or materials is transferred to you as a result of any such activities.  Any violation of this may result in legal action.  Duraflame reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Duraflame.com site.

 

Communications and Submissions

All communications, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Duraflame.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the “communications”) shall be and remain the property of Duraflame.  Such disclosure, submission or offer of any communications shall constitute an assignment to Duraflame of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any communications.  Thus, Duraflame shall be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services, and publishing of the communications on Duraflame.com.  By participating in surveys, contests or promotions on this site or by requesting promotional information or updates, you hereby agree that Duraflame may use information about you for marketing, product development or promotional purposes and is under no obligation to pay the user any compensation for any communications.  You agree that no communications submitted by you to Duraflame.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.  You further agree that no communications submitted by you to Duraflame.com will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any communications you make.

 

Errors and Inaccuracies

The information on Duraflame.com may contain typographical errors or inaccuracies and may not be complete or current.  We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order).  Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.  We apologize for any inconvenience this may cause you.  If you are not fully satisfied with your Duraflame.com purchase you may return it with the original Duraflame.com packing receipt.  Please see our return policy.


Links

Duraflame.com may provide links or product references to other sites, but is not responsible for the privacy practices or content of such sites and shall not be liable for any damages or injury arising from that content or those privacy practices.  These links are only for your convenience and you access them at your own risk.

 

Miscellaneous

This site and its contents are displayed solely for the purpose of promoting Duraflame, its products and services.  This site is controlled and operated by Duraflame.  Duraflame reserves the right to make changes to the information in this site or services described therein, at any time without notice.

 

Duration and Termination

These terms and conditions are applicable to you upon your accessing Duraflame.com and/or completing the registration or shopping process.  Duraflame may terminate this agreement without notice at any time for any reason, and deny you access to the site if you fail to comply with the provisions of this agreement. The provisions relating to use restrictions and intellectual property, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination.

 

Indemnification

You agree to indemnify, defend, and hold harmless Duraflame, its officers, directors, employees, agents, licensors and suppliers (collectively the “service providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s 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.

 

Notice

Duraflame may deliver notice to you by means of e-mail, a general notice on the site, or by written communication delivered to your address on record in Duraflame.com account information.

 

Enforcement of Terms and Conditions

By accessing and using the Duraflame.com site, you agree that your access to and use of the Duraflame.com site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of New York, United States of America.

 

Disclaimer

By your use of this site, you acknowledge that use of this site is at your sole risk, that you assume full necessary servicing or repairs of any equipment you use in connection with your use of this site, and that Duraflame shall not be liable for any damages of any kind related to your use of this site.  This site and the materials and products on this site are provided “as is,” “as available,” and “with all faults” and without warranties of any kind, whether express or implied, unless provided for otherwise.  To the fullest extent permissible pursuant to applicable law, Duraflame disclaims warranties, express of implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose and non-infringement.  Duraflame 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 this site available are free of viruses or other harmful components.  Duraflame does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  The above limitations may not apply to you.

 

Limitation of Liability

Duraflame shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.  Duraflame shall not be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Duraflame has been advised of the possibility of damages.  Applicable law may not allow the limitation or exclusion of liability or special or incidental or consequential damages, so the above limitation or exclusion may not apply to you.