Conditions of Use
Welcome to FACTORYNEW. FACTORYNEW provides website features to you subject to the following conditions. If you visit or shop at FACTORYNEW, you accept these conditions. Please read them carefully. In addition, when you use any current or future FACTORYNEW service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Privacy
Please review our Privacy Policy, which also governs your visit to FACTORYNEW, to understand our practices.
Electronic Communications
When you visit FACTORYNEW or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
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 FACTORYNEW 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 FACTORYNEW and protected by U.S. and international copyright laws. All software used on this site is the property of FACTORYNEW or its software suppliers and protected by United States and international copyright laws.
Trademarks
FACTORYNEW and other FACTORYNEW graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FACTORYNEW in the U.S. and/or other countries. FACTORYNEW's trademarks and trade dress may not be used in connection with any product or service that is not FACTORYNEW's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FACTORYNEW. All other trademarks not owned by FACTORYNEW that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FACTORYNEW.
LICENSE AND SITE ACCESS
FACTORYNEW grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FACTORYNEW. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FACTORYNEW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FACTORYNEW without express written consent. You may not use any meta tags or any other "hidden text" utilizing FACTORYNEW's name or trademarks without the express written consent of FACTORYNEW. Any unauthorized use terminates the permission or license granted by FACTORYNEW. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FACTORYNEW so long as the link does not portray FACTORYNEW, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FACTORYNEW logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCONT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FACTORYNEW does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use FACTORYNEW only with involvement of a parent or guardian. FACTORYNEW reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FACTORYNEW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FACTORYNEW a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FACTORYNEW and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FACTORYNEW for all claims resulting from content you supply. FACTORYNEW has the right but not the obligation to monitor and edit or remove any activity or content. FACTORYNEW takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from FACTORYNEW are made pursuant to an Purchase Order and an Invoice. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
FACTORYNEW attempts to be as accurate as possible. However, FACTORYNEW does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by FACTORYNEW itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by FACTORYNEW, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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 FACTORYNEW ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FACTORYNEW 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, FACTORYNEW DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FACTORYNEW 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 E-MAIL SENT FROM FACTORYNEW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACTORYNEW 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.
APPLICABLE LAW
All Business Transactions under this Agreement shall be governed and construed in accordance with the laws of the State of North Carolina without regard to principles of conflicts of laws. The Parties irrevocably submit to the jurisdiction and venue of the Mecklenburg County, North Carolina for the purpose of any suit, action or other proceeding arising out of this Agreement. The Parties, furthermore, waive any right it may have to a trial by jury in respect of any claim brought by or on behalf of either party based upon, arising out of or in connection with this Agreement. Any dispute arising hereunder, if not settled by mutual agreement, shall, at either party’s option, and, upon written notice by one party to the other, be settled by final and binding arbitration in Charlotte, North Carolina. The arbitration shall be conducted in accordance with the Commercial Dispute Resolution Procedures and Rules of the American Arbitration Association (“AAA Rules”) by a single disinterested arbitrator appointed in accordance with such AAA Rules.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to FACTORYNEW. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.