Terms & Conditions
Terms & Conditions
This Agreement contains the complete terms and conditions that apply to your participation in the Fuller Brush website (www.fuller.com). Please read these Terms and Conditions carefully before using the website. Your use of the website constitutes your agreement to follow these Terms and Conditions and to be bound by them. If you do not agree to these Terms and Conditions, you may not use this website.
The Fuller Brush Company reserves the right to update or modify these Terms and Conditions (including by modification, deletion and/or addition of any portion thereof) at any time without prior notice. Your continued use of the website following the posting of changes to this Agreement will mean that you accept those changes. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
Use of Content
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the website. You must abide by all additional copyright notices or other restrictions contained in the website. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the website. You may not take any action to interfere with, or disrupt, the website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions of use.
We welcome your comments about our website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our website shall be and remain the exclusive property of The Fuller Brush Company. Your submission of any such Comments shall constitute an assignment to The Fuller Brush Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Fuller Brush Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Links to Other Websites
These Terms and Conditions of use apply only to the website and not to the sites of any other companies or organizations, including those to which the website may link. To the extent our website contains hyperlinks to outside services and resources, the availability and content of which The Fuller Brush Company does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND AVAILABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT EXCLUSION MAY NOT APPLY TO YOU. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that The Fuller Brush Company shall not be liable for any damages of any kind related to your use of this website.
From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Fuller Brush Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Limitation of Liability
Under no circumstances, including negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from the use of (or inability to use) the website or any of its content. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the website. In addition, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.
Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these Terms and Conditions of use or the website shall be resolved individually, without resort to any form of class action, in a court of law having jurisdiction for Great Bend,KS; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to The Fuller Brush Company, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and each website user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions of use, or the rights and obligations of users and us in connection with these Terms and Conditions of use, shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Kansas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Kansas. If any of these Terms and Conditions of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and Conditions of use, and will not affect the validity and enforceability of the remaining provisions.Waiver; Time Within Which Claims Must Be BroughtNo waiver of any provision of these Terms and Conditions of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE AND THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We control and operate the website from our offices in the United States of America. We do not represent that website content is appropriate or available for use in other locations. Persons who chose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Last Updated: June 2, 2011