Welcome to efss-ffls USA ("efss-ffls," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the efss-ffls USA website, located at efss-ffls.com (the "Site"), including any content, functionality, and services offered on or through the Site.
Please read these Terms carefully before using our Site. By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
1.1. By accessing or using our Site, you agree to these Terms and our Privacy Policy. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
1.2. We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2.1. We reserve the right to withdraw or modify the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
2.2. You are responsible for:
3.1. You may be required to register for an account to access certain features of the Site. When you register, you agree to provide accurate, current, and complete information about yourself.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized access to or use of your username or password or any other breach of security.
3.3. We reserve the right to disable any user account at any time in our sole discretion for any reason, including, but not limited to, if we believe that you have violated or acted inconsistently with these Terms.
4.1. All products displayed on the Site are subject to availability. We reserve the right to discontinue any product at any time.
4.2. Prices for our products are subject to change without notice. We reserve the right to correct pricing errors that may inadvertently occur.
4.3. The purchase of any product from our Site is subject to additional terms and conditions of sale, which will be presented to you at the time of purchase.
4.4. Payment for all orders must be made in full at the time of purchase or according to the payment terms agreed upon. We accept various payment methods, which are displayed on the Site.
5.1. Your order constitutes an offer to purchase our products. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, inaccuracies in pricing or product information, or problems identified by our credit and fraud avoidance department.
5.2. After you place an order, you will receive an email acknowledging that we have received your order. This acknowledgment does not constitute our acceptance of your order; it only confirms that we have received it.
5.3. An authorized representative of efss-ffls will contact you to confirm the details of your order, discuss delivery options, and finalize arrangements. No payment will be processed until your order is confirmed and delivery arrangements are finalized.
5.4. The estimated delivery timeframes provided on our Site are approximate. We are not responsible for delays caused by events beyond our control, including but not limited to, supplier delays, transportation issues, or force majeure events.
6.1. Shipping costs for trucks are determined based on delivery location and specific requirements. These costs will be calculated and communicated to you before finalizing your order.
6.2. Title to the products purchased and risk of loss pass to you upon delivery of the products to the designated delivery location.
6.3. You are responsible for inspecting the products at the time of delivery. Any visible damage or discrepancies must be noted on the delivery documents and reported to us immediately.
7.1. We may offer financing options through third-party lenders. If you choose to apply for financing, you will be subject to the lender's terms and conditions, including credit approval requirements.
7.2. We do not guarantee approval for financing and are not responsible for decisions made by third-party lenders.
8.1. All products sold on our Site come with a manufacturer's warranty as described on the product page or in the documentation provided with the product.
8.2. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN THE MANUFACTURER'S WARRANTY, THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.3. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.1. IN NO EVENT WILL efss-ffls, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by efss-ffls, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
11.1. The Site may contain features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions"). All User Contributions must comply with the content standards set out in these Terms.
11.2. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
11.3. You represent and warrant that:
12.1. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
13.1. We have the right to:
14.1. The Site may contain links to other websites that are not operated by efss-ffls. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
14.2. We strongly advise you to review the terms and conditions and privacy policy of every site you visit.
15.1. You agree to defend, indemnify, and hold harmless efss-ffls, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
16.1. These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice or conflict of law provision or rule.
16.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Montana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
17.1. At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.
18.1. No waiver by efss-ffls of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of efss-ffls to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18.2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19.1. These Terms, our Privacy Policy, and any terms of sale constitute the sole and entire agreement between you and efss-ffls regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Questions or comments about the Site or these Terms may be directed to us at:
efss-ffls USA
46459 Boyer Ranch Apt. 612
Adeleburgh, MT 91280
Email: legal@efss-ffls.com
Phone: +1 (831) 273-3275
Last updated: May 15, 2024