By placing order on site of FamilyCarGear (“Site”), using any services of FamilyCarGear (“Service”) and order and/or accepting delivery of any product delivered from FamilyCarGear.com and its owner Polglobe LLC ("FamilyCarGear "), you ("customer") agree to be bound by the terms and conditions listed below. You and FamilyCarGear agree that the following terms and conditions are the exclusive terms governing the sales transaction between customer and FamilyCarGear. Any attempt to alter, supplement, modify or amend these terms and conditions by the customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from FamilyCarGear.
An order is not binding upon FamilyCarGear until it is accepted; FamilyCarGear must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAMILYCARGEAR AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NONINFRINGEMENT).
IN PARTICULAR, FAMILYCARGEAR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY REVIEWS, RECOMMENDATIONS, COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. FAMILYCARGEAR AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, FAMILYCARGEAR AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE FAMILYCARGEAR SITE OR SERVICES OR ANY LINKED WEB SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FAMILYCARGEAR NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent FamilyCarGear may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of FamilyCarGear’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless FamilyCarGear and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. FamilyCarGear reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with FamilyCarGear in such defense.
YOU AGREE TO INDEMNIFY FAMILYCARGEAR.COM AND HOLD FAMILYCARGEAR.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES,
HARMLESS FROM (i) YOUR USE OF FAMILYCARGEAR.COM IN A WAY THAT IS PROHIBITED OR RESTRICTED UNDER THIS AGREEMENT; (ii) INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY, OR OTHER RIGHT OR PATENT; (iii) ANY BREECH BY YOU OF THIS AGREEMENT; (iv) LINKS TO OTHER SITES; (v) ANY LOSS OR DAMAGES, INCLUDING THOSE FROM PRODUCTS PURCHASED ON THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
FAMILYCARGEAR.COM MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT FAMILYCARGEAR.COM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT FAMILYCARGEAR.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRDPARTY SITES.
FamilyCarGear strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other productrelated information contained herein or referenced on our web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other productrelated information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our web site is labeled with an incorrect price due to some typographical, informational, technical or other error, FamilyCarGear shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Moreover, if a product offered by FamilyCarGear itself is not as described, your sole remedy is to return it in unused condition. Additionally, all hyperlinks to other web sites from FamilyCarGear are provided as resources to customers looking for additional information and/or professional opinion. FamilyCarGear does not assume responsibility for the claims and/or representations made on these or any other web sites.
FamilyCarGear is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, FamilyCarGear puts forth its best efforts to ensure that all product information is up- todate and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. FamilyCarGear relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, FamilyCarGear will not be held responsible for product revision changes.
FamilyCarGear does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, provide technical support or sales advice make product recommendations beyond customer/tester reviews which are subjective opinions and are not binding. We post most of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at FamilyCarGear.
FamilyCarGear reads all reviews before posting them and reserves the right to deny any review. Here are some of the things that can cause a review to be denied:
- Offensive or abusive language.
- Prices and availability can change very quickly on the FamilyCarGear web site, so please leave such information out of your review.
- References to other stores/resellers.
- Comments on products that were either physically damaged or misused.
- Comparisons to competing brands/products of competing brands.
- Criticism of FamilyCarGear’s service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
- Illegal content
- Invasions of personal privacy
- Pornography or obscenity
- Hate or incitement of violence, threats of harm or safety of a person
- Graphic violence or other acts resulting in serious injury or death
- Any other violation of laws.
WARRANTIES; ALL PRODUCT SOLD "ASIS" OR "WITH ALL FAULTS"
FamilyCarGear is a distributor only. Products sold by FamilyCarGear are not manufactured by FamilyCarGear. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). FamilyCarGear assigns and passes through to the customer any warranty of the manufacturer, and customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. FamilyCarGear makes no representation or express warranty with respect to the product except those stated in this document. FamilyCarGear disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
All items sold through FamilyCarGear are sold "asis" or "with all faults." the entire risk as to the quality and performance of these items is with the buyer. Should any of these items prove defective, do not function, or function improperly in any way following their purchase and warranty period, the buyer, and not the manufacturer, distributor, or FamilyCarGear , assumes the entire cost of all necessary servicing or repair.
Any controversy or claim arising out of or relating to rules and regulations shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or FamilyCarGear may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Michigan necessary to protect rights or property pending the completion of arbitration.
By visiting FamilyCarGear, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and FamilyCarGear.
LIMITATION OF LIABILITY
In all circumstances FamilyCarGear’s maximum liability is limited to the purchase price of the products sold. FamilyCarGear shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. FamilyCarGear shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not FamilyCarGear has been made aware of the possibility of such claims or damages. Moreover, in no event shall we be liable for lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by FamilyCarGear on an "as is" and "as available" basis, unless otherwise specified in writing. FamilyCarGear makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, FamilyCarGear disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FamilyCarGear does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or email sent from FamilyCarGear are free of viruses or other harmful components. FamilyCarGear will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You might choose to leave our site via links to other sites, including those of advertisers. FamilyCarGear is not responsible for the privacy policies or the content on those sites, nor is it responsible for the cookies those sites might deposit on your hard drive.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FamilyCarGear or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FamilyCarGear and protected by US and international copyright laws. All software used on this site is the property of FamilyCarGear or its software suppliers and protected by United States and international copyright laws.
USE OF THE SITE AND SERVICES
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At FamilyCarGear.com, our goal is to deliver a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to FamilyCarGear.com. When you use the Site or Services, you may not:
- Violate any law or regulation;
- Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
- Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- Send unsolicited or unauthorized advertising or commercial communications, such as spam;
- Transmit any malicious or unsolicited software;
- Stalk, harass, or harm another individual;
- Impersonate or misrepresent your affiliation with someone else;
- Use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although FamilyCarGear.com may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and FamilyCarGear.com reserves the right to revoke these exceptions either generally or in specific cases);
- Use automated methods to use the Site or Services in a manner that sends more requests to the FamilyCarGear.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
- Interfere with or disrupt the Site or Services.
FamilyCarGear.com respects the intellectual property rights of others. Upon proper notice, FamilyCarGear.com will remove content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, FamilyCarGear has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you think your work has been copied in a way that constitutes copyright infringement, please send FamilyCarGear a notification of claimed infringement with all of the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to permit FamilyCarGear to locate the material on the Site;
- Information reasonably sufficient to permit FamilyCarGear to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your physical or electronic signature. Please send all of the information to the FamilyCarGear address below:
- PO Box 1053
- Sterking Hts, MI 48311
- Email Address: service@FamilyCarGear.com
FRAUD PROTECTION AND COMPLIANCE WITH THE LAW
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
INFORMATION WE COLLECT
We may collect information that personally identifies you, such as your name, address, zip code, credit card number, telephone number, email address, and other personally identifiable information that you choose to provide us with or that you choose to include in your FamilyCarGear profile or account ("Personal Information"). You may be asked to provide us with Personal Information when you register with the Site, make a purchase or use any of our Services, and at other times. The decision to provide this information is up to you. However, if you choose not to provide the requested information, you may not be able to make purchases or use some or all of the features of the Site or Services.
Cookies and Web Beacons
How We Use Information and When We May Share and Disclose Information
Profile Information You Make Available to Others
By using the Site or the Services it is possible that you may make certain of your Personal Information available to others. For instance, if your user name contains your real name, and you post a comment in a public area of the Site, other users may see your name and other information from your public profile that you choose to make available to others, such as your home town. The information you choose to make publicly available may be accessed by users who use the Site or Services and may be accessed by commercial search engines such as Google, Yahoo! and Bing to the extent that such engines are permitted to access the Site. Please be aware that whenever you share information on public forums on the Site, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who we believe have privacy practices that are consistent with ours ("ThirdParty Providers"). For example, we may contract with ThirdParty Providers to provide certain services, such as order fulfillment, shipping, hosting and maintenance, data storage and management, and marketing and promotions. We only provide our ThirdParty Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your Personal Information from unauthorized access, use or disclosure. ThirdParty Providers are prohibited from using Personal Information other than as specified by FamilyCarGear.
ThirdParty Services and Applications
Through the Site and the Services, you may have the ability to elect to access thirdparty services and applications, such as Facebook, Instagram and other social networks. If and when you do so, you may be able to import information from those other services and applications and share content with those services. Some of those thirdparty services may also provide us with information from your accounts which may enable us to enhance and personalize your use of the Site and Services (e.g., so that you can follow your Facebook friends’ activity on the Site or Services). If you elect to use such thirdparty services or applications through the Services, the information you share with such thirdparty services and applications will be subject to their privacy policies and your privacy settings for such services. You also may be able to control or stip such sharing by changing your privacy settings in such services or applications.
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with FamilyCarGear. If FamilyCarGear is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our reasonable judgment, the new entity plans to handle your information in a way that differs materially from this policies of FamilyCarGear
Compliance with Laws and Law Enforcement
FamilyCarGear cooperates with government and law enforcement officials and private parties to enforce and comply with the law. There is a possibility that we may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of FamilyCarGear or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records. In addition, we recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Processing in the United States
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.