TERMS OF USE & CONDITIONS
Website owner, offering, and binding of Terms
This website is owned and operated by Cahaba Fire Company, LLC. These Terms set forth the terms and conditions under which you may use our website, services, and products as offered by us. This website offers visitors services and products. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.
Who can use the website and what are the requirements to create an account
In order to use our website and/or receive our services/products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process: (iii) you are responsible for fully reading and understanding all use and safety manuals associated with a purchased item.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Return and refund policy
Cahaba Fire Company, LLC products are not eligible for return or refund unless they are a valid warranty claim.
Retention and right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties & responsibility for services and products
Cahaba Fire Company, LLC (CFC) products shall be free from defects in material and defects in workmanship under normal use and service. This warranty is in effect within the first one year of purchase. The Company’s warranty is limited to the replacement of any product CFC determines has failed during the warranty period due to defective material or workmanship. After written approval by the Seller, the product or defective part must be returned prepaid to the Seller’s manufacturing plant. The provisions of the warranty shall not apply to any CFC product which has been subject to misuse, negligence, alteration or accident, or which has been repaired in any way.
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time at Chaba Fire Company's discretion, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to the manufacturer.
There are no warranties which extend beyond the description on the face hereof.
Re-sale or distribution of the FireWedge is not permitted either directly or indirectly unless approved by Cahaba Fire Company, LLC.
Renting or leasing of the FireWedge is prohibited.
Cahaba Fire Company, LLC products are only allowed to be used by the end-user or purchaser in accordance with the product's Use and Safety Manual.
Ownership of intellectual property, copyrights, and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property Cahaba Fire Company, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, service or product ideas, images, animations, videos, photos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website or its contact links, such content can be used by Cahaba Fire Company, LLC to pursue and obtain any Intellectual Property Rights, patents, copyrights, and trademarks within the extent permitted by applicable law.
You recognize and agree that by uploading any content (including, but not limited to designs, service or product ideas, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold Cahaba Fire Company, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Cahaba Fire Company, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Cahaba Fire Company, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive periodic promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [United States of America / Alabama], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Birmingham, Alabama. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Customer support contact information:
Cahaba Fire Company, LLC
Provisions recommended for websites with user communities
All users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website.
A user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
Terms Effective Date
The effective date of the Terms is January 24, 2022.