Terms of service
OVERVIEW
FTM CORPORATION ORDER TERMS AND CONDITIONS OF SALE: PLEASE THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM US IF YOU DO NOT AGREE TO THESE TERMS.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products listed in your order at the prices thereon. Unless otherwise agreed to in writing by us, all prices are quoted in U.S. dollars and are exclusive of transportation and insurance costs, and any sales, use, excise, import, or export, value-added or similar tax or duty, and any other tax not based on our net income. You represent and warrant that (i) any credit card information you supply to us is true, correct, and complete, and you are duly authorized to use such credit card for the purchase, and will pay charges incurred by you at the posted prices, in advance upon execution of the applicable order, including all applicable taxes, if any, as described in the foregoing sentence. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. Seller may in its sole discretion fulfill this order with multiple partial shipments. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment of Buyer's order is in whole or partial.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - IP OWNERSHIP
You acknowledge and agree that FTM Corporation is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products. You understand and agree that the products are proprietary to FTM Corporation, and you shall not use, copy, distribute, reverse engineer, decompile, sell, lease or otherwise transfer, modify, adapt, translate, create derivative works of the products, or use, access, or reference the products to create similar or competitive products to the products purchased in the order, without FMT Corporation’s prior written authorization.
SECTION 11 - NO WARRANTY
THIS MASK BRACE ACCESSORY IS PROVIDED "AS IS" AND “WITH ALL FAULTS,” AND HAS BEEN DEVELOPED AND IS BEING DEVELOPED SOLELY FOR EMERGENCY USE DURING THE COVID-19 OUTBREAK. ANY USER OF THE MASK BRACE ACCESSORY SHALL BE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF THE MASK BRACE ACCESSORY FOR THE USER’S OWN SPECIFIC EMERGENCY USE PURPOSES AND FOR DETERMINING WHETHER AND WHEN ITS USE OR DEPLOYMENT OF THE MASK BRACE ACCESSORY IS REASONABLE, NECESSARY, AND LEGALLY PERMISSIBLE. FTM CORPORATION MAKES NO WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MASK BRACE ACCESSORY, AND FTM CORPORATION HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF CONDITION, DESIGN, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. FTM CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE MASK BRACE ACCESSORY WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT.
SECTION 12 - LIMITATION OF LIABILITY
IN NO EVENT SHALL FTM CORPORATION HAVE ANY LIABILITY, INCLUDING FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH THE MASK BRACE ACCESSORY, THE USE OR EXPLOITATION BY THE RECIPIENT (INCLUDING ANY DISTRIBUTOR OR END USER) OF THE MASK BRACE ACCESSORY (“RECIPIENT”), or any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from or in connection with the design, manufacturing, assembly, labeling, storage, distribution, or provision of the MASK BRACE ACCESSORY, or the use, handling or storage of the MASK BRACE ACCESSORY by Recipient, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT FTM CORPORATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
SECTION 13 - NO RESALE
You represent and warrant that you are buying products or services from the Site for your own internal, non-commercial use only, and not for resale or export.
SECTION 14 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 15 - CONFIDENTIALITY
You shall keep confidential all information and data shared or learned by you regarding the products purchased under the sales order or FTM Corporation’s business, including but not limited to pricing information, and such other information that is proprietary to FTM Corporation, or which you knew or should have known is the confidential information of FTM Corporation (collectively, “CI”). You shall not disclose or use any CI for your benefit or the benefit of any other party for any purpose. You shall protect any CI using the same safeguards and measures you apply to your own confidential information, but in no event less than reasonable measures. The obligations under this paragraph shall survive termination or fulfillment of this order.
SECTION 16 - FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, pandemic, flood, fire, earthquake, explosion, governmental actions, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. (Continues)
SECTION 17 - GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
SECTION 18 - DISPUTE RESOLUTION AND BINDING ARBITRATION
ALL CLAIMS, CONTROVERSIES, OR DISPUTES ARISING OUT OF OR RELATING TO THIS ORDER SHALL BE RESOLVED BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, ADMINISTERED BY JAMS IN ACCORDANCE WITH THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES AND THE TERMS SET FORTH HEREIN HEREIN. YOU AND FTM CORPORATION ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FTM CORPORATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
SECTION 19 - SEVERABILITY
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FTM Corporation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 - NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FTM CORPORATION.
SECTION 22 - ENTIRE AGREEMENT
The order form, including these Terms, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, and supersede all prior negotiations, understandings, representations and/or agreements of the parties relating to the subject matter hereof, whether oral or written. FTM Corporation shall not be bound by any additional, inconsistent, or conflicting provisions in any order, release, acceptance, or other written correspondence from you unless expressly agreed to in writing, and any such additional, inconsistent, and/or conflicting provisions are hereby rejected.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@fixthemask.com.