Terms of Service
Welcome to the US Fireplace Depot website, operated by US Ecom Stores LLC, Throughout the site, the terms "we," "us," and "our" refer to US Fireplace Depot. By using our website and services, you agree to comply with these Terms and Conditions ("Terms of Service," "Terms"), which apply to all users, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing any part of the site or making a purchase, you accept these Terms. If you do not agree, you may not use our site or services. Any new features or tools added to the store will also be subject to these Terms.
We reserve the right to update or modify the Terms at any time by posting changes on this page. It is your responsibility to review the Terms periodically. Continued use of the website after updates signifies your acceptance of the changes. Our website and e-commerce services are hosted by Shopify Inc., which provides the platform to sell our products and services.
By engaging with our Service, you acknowledge that your use of our site is conditioned on your acceptance of the Terms, as well as any additional terms referenced or linked here. These Terms apply to all features, tools, and content provided through the site. We are committed to providing a seamless shopping experience, and your adherence to these Terms helps us ensure the best service possible.
Section 1 - Online Store Terms
By using our website and agreeing to these Terms of Service, you confirm that you meet the age of majority in your state or province of residence. If you are the age of majority, you also consent to allow any minor dependents under your care to use this site.
Our products and services must not be used for any illegal or unauthorized purposes. Additionally, you agree not to violate any applicable laws in your jurisdiction while using our website, including but not limited to copyright laws. You are strictly prohibited from transmitting harmful code, such as worms, viruses, or any destructive programs, through our site. Any breach or violation of these Terms will lead to the immediate termination of your access to our Services.
Section 2 - General Conditions
We reserve the right to deny service to anyone, at any time, and for any reason. You acknowledge that any content you provide (excluding credit card information) may be transferred without encryption. This may include transmissions across various networks or adjustments to meet the technical requirements of connected networks or devices. However, your credit card information is always encrypted during transfer to ensure security.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, including any content or contact details provided on the website, without our explicit written consent. Please note that the headings in this agreement are included for convenience only and do not affect the interpretation of these Terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We strive to provide accurate and up-to-date information on this site, but we are not responsible for any inaccuracies, omissions, or outdated details. The material on this site is intended for general informational purposes only and should not be your sole resource for making decisions. For critical decisions, consult primary or more reliable sources. Relying on the information provided here is at your own risk.
Some content on this site may include historical information, which is not current and is provided for reference only. We reserve the right to update or modify the site’s content at any time, but we are not obligated to update information regularly. It is your responsibility to stay informed about any changes or updates to the content on our site.
Section 4 - Modifications to the Service and Prices
Product prices are subject to change at any time without prior notice. We reserve the right to modify or discontinue the Service, including any part or content, at our discretion and without notice.
We are not responsible for any modifications, price changes, suspensions, or discontinuations of the Service. This applies to you as well as any third parties impacted by these changes.
Section 5 - Products or Services
Certain products or services are available exclusively online through our website. These items may have limited quantities and can only be returned or exchanged according to our Return Policy. We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the color displayed on your device's monitor will perfectly match the actual product.
We reserve the right, but are not obligated, to restrict the sale of our products or services to specific individuals, geographic areas, or jurisdictions. These decisions are made on a case-by-case basis. Additionally, we may limit the quantities of any products or services we offer. Product descriptions and prices are subject to change at any time without prior notice. We also reserve the right to discontinue any product at any time. Any offers for products or services on this site are void where prohibited.
While we strive to provide high-quality products and services, we do not guarantee that they will meet your expectations. Furthermore, we do not warrant that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, credit card, or billing and shipping address. If we make changes to or cancel an order, we will attempt to notify you using the contact details (email, billing address, or phone number) you provided at the time of purchase.
We also reserve the right to limit or prohibit orders that we believe, in our sole judgment, are placed by dealers, resellers, or distributors. You agree to provide accurate, complete, and current information for all purchases made at our store. This includes promptly updating your account details, such as email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as necessary.
For further details, please refer to our Returns Policy.
Section 7 - Optional Tools
We may provide access to third-party tools that we do not monitor or control. You acknowledge and agree that we offer these tools "as is" and "as available," without any warranties, representations, or conditions, and without endorsement. We are not liable for any issues arising from your use of these third-party tools.
Your use of optional tools offered through the site is entirely at your own risk. You should ensure you are familiar with and agree to the terms provided by the relevant third-party provider(s). In the future, we may introduce new services, features, tools, or resources. These new offerings will also be subject to these Terms of Service.
Section 8 - Third-Party Links
Our Service may include content, products, or services from third parties.
Third-party links on our site may direct you to external websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of these sites and are not responsible for any third-party materials or websites. We do not warrant or take responsibility for any third-party products, services, or content.
We are not liable for any harm or damages resulting from the purchase or use of goods, services, or resources from third-party websites. Before engaging in any transactions, please carefully review the third party’s policies and practices. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 - User Comments, Feedback, and Other Submissions
If, at our request, you send specific submissions (such as contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as "comments") whether online, via email, postal mail, or otherwise, you agree that we may use those comments in any way we choose. This includes editing, copying, publishing, distributing, translating, and using the comments in any medium, without restriction. We are not obligated to (1) keep any comments confidential, (2) pay for any comments, or (3) respond to any comments.
While we are not required to, we may monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, or other personal rights. Your comments must not contain illegal, abusive, or obscene material, and must not contain viruses or other malware that could harm the operation of the Service or related websites.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To learn more, please review our Privacy Policy.
Section 11 - Errors, Inaccuracies, and Omissions
Occasionally, there may be errors, inaccuracies, or omissions on our site or in the Service. These may include product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors or inaccuracies and to update or change information, including canceling orders, if any details in the Service or on related websites are found to be incorrect, even after an order has been placed.
We are not obligated to update, amend, or clarify any information in the Service or on related websites, including pricing information, unless required by law. The absence of an update or refresh date should not be taken to mean that all information on the site has been modified or updated.
Section 12 - Prohibited Uses
In addition to other restrictions set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, including soliciting others to engage in illegal acts or violating any laws, regulations, or ordinances. You may not infringe upon our intellectual property rights or those of others, nor may you harass, abuse, insult, defame, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. Submitting false or misleading information is also prohibited.
Furthermore, you cannot upload or transmit viruses or malicious code that may harm the functionality of the Service, related websites, or the internet. Collecting or tracking the personal information of others without consent is not allowed, and you must not engage in spam, phishing, web scraping, or similar activities. The site may not be used for obscene or immoral purposes, nor may you interfere with or bypass security features of the Service or related websites. We reserve the right to terminate your access to the Service if you violate any of these prohibitions.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free, nor do we warrant that the results obtained from using the service will be accurate or reliable. You understand that the service may be removed or canceled at any time, without notice. Your use of the service is at your own risk, and the service and all products or services delivered through it are provided "as is" and "as available," without any warranties, express or implied, including those related to merchantability, fitness for a particular purpose, or non-infringement.
Under no circumstances will US Fireplace Depot or its affiliates, employees, agents, or contractors be liable for any injury, loss, claim, or damages, whether direct, indirect, incidental, punitive, special, or consequential. This includes, but is not limited to, lost profits, lost revenue, lost data, or replacement costs. This applies to any claim related to the use of the service or products obtained through the service, including errors or omissions in content or any loss or damage incurred from using the service or its content. In jurisdictions where liability for consequential or incidental damages is limited, our liability will be restricted to the maximum extent allowed by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless US Fireplace Depot and its affiliates, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claims, demands, or legal actions, including reasonable attorneys’ fees, made by any third party. This includes claims arising from your breach of these Terms of Service, violation of any laws, or infringement of third-party rights.
Section 15 - Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court or other fireplace, that provision will be enforced to the fullest extent permitted by applicable law. The portion that is unenforceable will be severed from the rest of these Terms of Service, and the remaining provisions will remain in full force and effect. The determination that a provision is unenforceable will not affect the validity or enforceability of any other part of the Terms of Service, which will continue to be binding on both parties.
Section 16 - Termination
These Terms of Service will remain in effect unless and until they are terminated by either you or us. You have the right to terminate this agreement at any time by notifying us that you no longer wish to use our services or by simply ceasing to use our site. Upon termination, you will no longer have access to our services or site, and any ongoing obligations or liabilities that arose before termination will still apply.
In cases where we believe, at our sole discretion, that you have violated or failed to comply with any term or condition of these Terms of Service, we have the right to terminate the agreement without notice. In this case, you will remain responsible for any outstanding payments or amounts due up to the termination date, and we may deny you access to our services or any part of them.
It’s important to note that, even after termination, certain provisions of these Terms of Service—such as those related to payment, liability, and indemnification—will continue to be in effect. These ongoing obligations will survive the termination and will be enforceable after the end of the agreement.
Section 17 - Entire Agreement
If we fail to exercise or enforce any right or provision of these Terms of Service, it does not mean that we have waived that right or provision. The Terms of Service, along with any policies or operating rules we post on this site or in connection with our services, represent the entire agreement between you and us. These terms govern your use of the service and supersede any previous or concurrent agreements, communications, or proposals, whether written or oral, that may have existed between you and us. This includes, but is not limited to, any prior versions of the Terms of Service.
If there is any ambiguity in the interpretation of these Terms of Service, it will not be interpreted against the party that drafted them. This ensures that both parties are held to the understanding of the terms as stated.
Section 18 - Governing Law
These Terms of Service, along with any separate agreements through which we provide you with services, will be governed by and interpreted in accordance with the laws of the United States. This ensures that any legal matters arising from these terms are subject to the jurisdiction and legal frameworks established within the country.
Section 19 - Changes to Terms of Service
You can view the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms by posting changes on our website. It is your responsibility to periodically check for any changes. By continuing to use or access our website or services after any updates have been posted, you acknowledge and accept those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via support@usfireplacedepot.com or call us at 844-920-0855