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Terms of Use

Last Modified:
2018-05-24 (Year-Month-Day)

This website, and the services and products available on this website (the "Factory Direct Craft Services" or the "Website") are operated and sold by Factory Direct Craft Supply, Inc. ("Factory Direct Craft," "Corporation," "Company," "Our," and "We"). These Terms of Use constitute a legal agreement between you ("You," "Your," "the user," and "the customer"), and Factory Direct Craft. In accessing and using Our Website or any online account you create on Our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms of Use. Accordingly, under Article 6 of the General Data Protection Regulation, or "GDPR", users in the European Union acknowledge and consent to Factory Direct’s processing of personal data by as necessary for the performance of this contract.

Modification Of These Terms Of Use. Factory Direct Craft may update or change the terms, conditions, and notices for the Factory Direct Craft Services from time to time in order to reflect changes in the Factory Direct Craft Services, changes in the law, or for other reasons as deemed necessary by Factory Direct Craft, in its sole discretion. Your continued access to or use of the Factory Direct Craft Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Factory Direct Craft Services shall be subject to these Terms of Use, as modified from time to time.

Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes and for the purposes of ordering products and services. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website may include content provided by third parties, including materials provided by other users, advertisers, service providers, or third party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company or its Affiliates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Privacy And Personal Information. You may be required to register to use the Factory Direct Craft Services. To set up an account, you may be required to provide information about yourself. Additionally, data pertaining to your online transactions, purchase history, and usage patterns may be collected, analyzed, and stored by the Factory Direct Craft Services. Factory Direct Craft agrees that it will only use and/or disclose your personal information in accordance with the terms of the Factory Direct Craft Privacy Policy (the "Privacy Policy"). The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. In accessing and using the Factory Direct Craft Services, you accept without modification all of the terms, conditions, and notices contained in these Privacy Polices.

User Account Responsibility. If you are given a password to access the Factory Direct Craft Services, you are responsible for maintaining the confidentiality of your password. You are responsible for all activities that occur under your account and you agree to notify Factory Direct Craft immediately of any unauthorized use of your account. Factory Direct Craft is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Third Party Sites. This Website may contain links to other websites controlled or operated by persons and companies other than Factory Direct Craft ("Linked Sites"). The Linked Sites are not under the control of Factory Direct Craft and Factory Direct Craft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Factory Direct Craft is not responsible if the Linked Site is not working correctly. Factory Direct Craft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Factory Direct Craft of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Factory Direct Craft Services or are identified on this Website, including the delivery of and payment for goods and services.

Prohibited Uses. You agree that you will not:
  • use the Factory Direct Craft Services for any purpose that is unlawful or contrary to these Terms of Use;
  • use the Factory Direct Craft Services in any manner that could damage, disable, overburden, or impair the Factory Direct Craft Services or interfere with any other party’s use and enjoyment of them;
  • attempt to gain unauthorized access to any Factory Direct Craft account, computer systems or networks associated with the Factory Direct Craft Services;
  • obtain or attempt to obtain any materials or information through the Factory Direct Craft Services by any means not intentionally made available or provided for by the Factory Direct Craft
  • use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).


Purchasing and Return Terms. You may make various purchases in the course of using the Factory Direct Craft Services. Items cannot be returned if modified, used, or damaged in any way. Original shipping costs cannot be refunded unless due to an error on Factory Direct Craft’s part. To return an order, please write the reason for the return on a copy of the invoice and include it with the order.

Please mail all returns to:

Factory Direct Craft Supply, Inc.
ATTN: Returns
901 Pleasant Valley Dr.
Springboro, Ohio, 45066

Please include a phone number and/or email address so that We may contact you if necessary. For further questions, please contact us at

Factory Direct Craft Supply, Inc.
901 Pleasant Valley Dr.
Springboro, Ohio, 45066
info@factorydirectcraft.com

Content Available on the Factory Direct Craft Website. The Factory Direct Craft website and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, third party applications, other music and video files, and everything else you see, hear, and use through the Factory Direct Craft website (all of which are referred to herein as "Content") are owned exclusively by Factory Direct Craft or others who have licensed their content to Factory Direct Craft. The Content is protected by copyrights, or other proprietary rights, which means that you and others using the Factory Direct Craft Services are not permitted to use the Content in any manner, except as expressly permitted by Factory Direct Craft in this Terms of Use Agreement, or, where more prohibitive restrictions apply in the Terms of Use or similar agreements of others who have licensed their content to Factory Direct Craft, as expressly permitted by those other parties’ respective Terms of Use or similar agreements. Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the Factory Direct Craft Website are owned by Factory Direct Craft or others who have licensed their use to Factory Direct Craft. The Trademarks may not be used in any manner without the prior permission of the owners. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all of the Content and Trademarks that you see, hear, and use on the Factory Direct Craft Website. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Factory Direct Craft for which money damages would be inadequate and in such event Factory Direct Craft will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. You further agree to hold Factory Direct Craft harmless and to indemnify Factory Direct Craft for any and all direct or indirect damages that do arise as a result of your violation of any applicable policy.

Intellectual Property Notices. Factory Direct Craft may have patents, patent applications, Trademarks, copyrights, or other intellectual property rights covering subject matter in the Factory Direct Craft Services, including the web pages that are part of the Factory Direct Craft Services. Except as expressly provided in these Terms of Use, the provision of the Factory Direct Craft Services and the furnishing of such web pages to you do not give you any license to these patents, Trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Warranty Disclaimer. Factory Direct Craft and its respective suppliers and affiliates make no representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, and related graphics, musical compositions and sound recordings contained on or obtained through the Factory Direct Craft Services for any purpose. All such information, products, services, and related graphics, musical composition and sound recordings are provided "as is" without warranty of any kind. Factory Direct Craft and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, services, and related graphics, musical compositions and sound recordings, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Third Party Applications Disclaimer. You acknowledge that your access to and use of any third party applications or software on the Website as part of the Factory Direct Craft Services and Content (the "Third Party Applications") is at your sole discretion and risk, and Factory Direct Craft has no liability to you arising out of or in connection with your use of the Third Party Applications. Factory Direct Craft hereby disclaims any representation, warranty or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold Factory Direct Craft harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.

Limitation of Liability. In no event shall Factory Direct Craft, its suppliers or affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Factory Direct Craft Services, with the delay or inability to use the Factory Direct Craft Services, the provision of or failure to provide services, or for any information, products, or services obtained through the Factory Direct Craft Services, or otherwise arising out of the use of the Factory Direct Craft Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if Factory Direct Craft or any of its suppliers or affiliates has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Factory Direct Craft Services, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Factory Direct Craft Services. In no event will Factory Direct Craft’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Factory Direct Craft Services.

Customer Support. Factory Direct Craft may provide information about how to use the Factory Direct Craft Services. If you have any questions about the Factory Direct Craft Services or any problems that you would like to report, please contact us at info@factorydirectcraft.com

Termination And Restriction Of Access. Factory Direct Craft reserves the right, in its sole discretion, to terminate your access to the Factory Direct Craft Services or any portion thereof at any time, without notice. Factory Direct Craft may also terminate or suspend your access to the Factory Direct Craft Services for breach of these Terms of Use or inactivity. Any cancellation or termination by you or Factory Direct Craft shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Factory Direct Craft Services may be discontinued at any time without notice or refund, except for merchandise paid for and not yet delivered by Factory Direct Craft.

General. These Terms of Use are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Fairfield, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Factory Direct Craft Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Factory Direct Craft as a result of these Terms of Use or use of the Factory Direct Craft Services. You may not assign these Terms of Use without the prior written consent of Factory Direct Craft in all instances. Factory Direct Craft may assign these Terms of Use, in whole or in part, at any time. Factory Direct Craft’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Factory Direct Craft’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Factory Direct Craft Services or information provided to or gathered by Factory Direct Craft with respect to such use. You agree to indemnify and hold Factory Direct Craft, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in connection with the Factory Direct Craft Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Factory Direct Craft with respect to the Factory Direct Craft Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Factory Direct Craft. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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