LAST REVISED: FEBRUARY, 2017
IMPORTANT: BY USING THE FOREVER COLLECTIBLES SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH FOREVER COLLECTIBLES THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN SECTION 11.
1. Ownership of the Site
We own all of the pages, materials and content within this Site, all of which we refer to in these terms as Content. You may not use any of our Content without our express written consent.
2. Site Access and Account Registration
Please notify us immediately of any suspected unauthorized activity on your account by sending an email to CustomerCare@foco.com.
3. Accuracy and Integrity of Information
The Forever Collectibles Site contains large amounts of information from numerous sources. While we attempt to provide accurate information, we cannot guarantee any aspect of any product information on the Forever Collectibles Site, including, without limitation, product images, descriptions and specifications. Colors may also appear different on your particular monitor than the actual color of the product. The information on our Site is for information purposes only, and may be inaccurate or incomplete. Product information contained on the Forever Collectibles Sites may differ from information contained on the actual product materials. Before you purchase products on our Site, you must independently confirm any facts about the item(s) that are important to your decision.
If you purchase a product that is not as described, your sole remedy against Forever Collectibles is to return it and/or request a refund in accordance with our Returns/Refund policy.
4. Typographical Errors and Incorrect Pricing
If we list a product at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price. We can refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit or debit card account in the amount of the incorrect price.
5. Order Acceptance
We reserve the right to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other payment account) in the amount of the charge.
6. Links to Other Sites
You may be able to access other sites from our Site. Please understand that we are not responsible for these other sites, or what happens while you were on those sites.
7. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Forever Collectibles that you have the legal right and authorization to provide all User Generated Content to Forever Collectibles for the purposes and Forever Collectibles’ use as set forth
herein. Forever Collectibles shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Forever Collectibles desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Forever Collectibles is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Forever Collectibles does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Forever Collectibles the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Forever Collectibles and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Forever Collectibles harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Forever Collectibles arising out of any User Generated Content you post or allow to be posted to the Site.
8. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Forever Collectibles respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Forever Collectibles’ Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
ATTN: Legal, Copyright Agent
2301 Cottontail Lane, Somerset, NJ 08873
9. Disclaimer of Warranties
This Section 9 is important to Forever Collectibles, and it is important that you understand why we include this Section. As an innovative shopping site, we strive to provide the best products, prices and service to you. These legal disclaimers help us do that. We apologize in advance for the legal sounding language and all caps, however, our lawyers say this is necessary.
FOREVER COLLECTIBLES DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FOREVER COLLECTIBLES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. FOREVER COLLECTIBLES DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY FOREVER COLLECTIBLES ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS. THESE SEPARATE WARRANTIES MAY BE PROVIDED BY FOREVER COLLECTIBLES OR A THIRD PARTY SELLER OF THE PRODUCTS.
10. Limitation of Liability
This Section 10 is also important to us and for you to read and understand. As an innovative shopping site, we strive to provide the best products, prices and service to you. These limitations of liability help us do that. We apologize in advance for the legal sounding language and all caps, however, our lawyers say this is necessary.
FOREVER COLLECTIBLES AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FOREVER COLLECTIBLES TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
11. Dispute Resolution; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Forever Collectibles, and you therefore elect to seek arbitration, you must first send to Forever Collectibles, by certified mail, a written notice of your claim ("Notice"). The Notice to Forever Collectibles should be addressed to:
2301 Cottontail Lane, Somerset, NJ 08873
YOU AND FOREVER COLLECTIBLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Forever Collectibles agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
in and for Somerset, New Jersey.
13. Revisions and Other General Terms