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TERMS OF USE

Last revised: February, 2017

 

These Terms of Use govern your use to the Forever Collectibles Sites. By accessing or using the Forever Collectibles Sites, or by otherwise accepting these Terms of Use, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the Forever Collectibles Sites is unauthorized. 

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.

While all of these Terms of Use contain important points, please note the warranty disclaimers and limitations on Forever Collectibles’ liability in Sections 9 and 10 in particular. As an innovative and evolving shopping destination, we must disclaim or limit our liabilities relating to the Forever Collectibles Sites and the products on the Forever Collectibles Sites in order to provide you with excellent prices, products and service.

We will update these Terms of Use from time to time, as explained more fully in Section 13. These Terms of Use apply to our mobile apps and our websites where these Terms of Use are posted.

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

You are not allowed to violate the security of the Site. For example, you cannot (a) access data not intended for use; or (b) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) access or use our Site in violation of these Terms of Use or in violation of applicable law. In particularly, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to keep your username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account.

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

Forever Collectibles

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.

You and Forever Collectibles agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND FOREVER COLLECTIBLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Forever Collectibles.

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:

Attn: Legal

Forever Collectibles

2301 Cottontail Lane, Somerset, NJ 08873

("Notice Address"). If Forever Collectibles desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Forever Collectibles, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Forever Collectibles and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Forever Collectibles may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Forever Collectibles or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Forever Collectibles receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $50,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Forever Collectibles and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $50,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $50,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Forever Collectibles’ last written settlement offer made before an arbitrator was selected (or if Forever Collectibles did not make a settlement offer before an arbitrator was selected), then Forever Collectibles will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located
in and for Somerset, New Jersey.

12.    Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Forever Collectibles and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Forever Collectibles Site, any content you post or submit to the Forever Collectibles Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Forever Collectibles reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Forever Collectibles if and as requested by Forever Collectibles in the defense of such matter.

13.    Revisions and Other General Terms

Forever Collectibles reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Forever Collectibles and you pertaining to the subject matter hereof. In its sole discretion, Forever Collectibles may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

 

 

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