Last updated: March 1, 2023
Introduction
Welcome to Foval® Automatic Battery Charger, Travel Adapter (the “Website” or “Service”). By accessing or using the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms”). Please read the Terms carefully before using the Website.
The Website is owned and operated by Foval (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the Website.
Use of the Website
The Website provides a platform for users to browse and purchase Foval® branded products including automatic battery chargers, travel adapters, power inverters, tire gauges, snow brushes, bird feeders and other automotive accessories. You must be at least 18 years old or have parental consent to use the Website. By using the Website, you warrant and represent to the Company that you are at least 18 years old or have parental consent.
The Website and the content provided on the Website, including all site information, text, graphics, logos, images, compilation, magnetic translation, digital conversion, software, and other matters related to the Website are the exclusive property of the Company. You may not copy, reproduce, republish, frame, download, post, broadcast, transmit, make available, or otherwise use the Website content in any way except for your own personal and non-commercial use.
Foval® branded products displayed on the Website are offered for sale subject to availability and are only valid while stocks last. We try to maintain accurate product descriptions and pricing however we reserve the right to correct any errors, inaccuracies or omissions at any time without notice.
Privacy Policy
Please refer to our Privacy Policy to understand how we collect, use and disclose information about you. By accessing or using the Website, you acknowledge that you have read and understood our Privacy Policy.
User Account and Registration
To access certain features or services offered on the Website, you may be required to register and create an account with us. When you create an account, you agree to provide accurate and complete registration information about yourself. Failure to provide accurate registration information constitutes a breach of the Terms.
As a registered user, you agree to be responsible for protecting your account password and restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately if you believe there is unauthorized use of your account. Company will not be liable for any loss or damage arising from unauthorized use of your account.
Prohibited Conduct
You agree not to use the Website to:
- Violate any applicable laws, regulations or ethical codes of conduct.
- Infringe the intellectual property rights, privacy rights or any other rights of third parties.
- Distribute or post spam, unsolicited or bulk commercial messages.
- Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Engage in any illegal or fraudulent activities.
- Collect or harvest any data about other users.
- Interfere with or disrupt the Website or servers or networks connected to the Website.
- Circumvent or disable any digital rights management, usage rules or transfer restrictions associated with the Website.
If you engage in any prohibited conduct, we may terminate your access to the Website immediately and without notice to you.
Intellectual Property
All content and materials on the Website, including but not limited to text, graphics, logos, audio clips, images, compilation, computer code, software, and other matters related to the Website are the proprietary property of Foval or its content suppliers and protected by international copyright laws. All rights are reserved by Foval or its content suppliers. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, or create derivative works from the Website content.
Foval® is a registered trademark of Foval. The Website design, logo, and other trademarks are owned by Foval and may not be copied or imitated in whole or in part without express written permission. Other product and company names mentioned on the Website may be trademarks of their respective owners.
Submissions
Any comments, suggestions, feedback, ideas or other submissions you provide to us through the Website will be considered non-proprietary and non-confidential. By submitting content, you grant us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, publish and distribute the content for any purpose.
Disclaimer
Foval® products displayed on the Website are intended for consumer use only. Products are not certified or approved for use in medical, military, law enforcement, industrial or commercial applications where product failure could result in loss of life or personal injury. Customers assume all responsibility and liability for compliance with applicable laws and regulations related to the purchase and use of products sold on this website.
The information provided on this Website is for general informational and educational purposes only. It is not intended as and does not constitute legal, financial, tax or medical advice or treatment for any specific situation. You should always consult qualified professionals familiar with your individual circumstance before making any decisions. We make no representations or warranties concerning the accuracy of information provided on this Website.
This Website may contain links to third party websites. Such links do not indicate the Company’s endorsement or approval of the third party websites. We do not independently verify, approve, review or endorse third party content and disclaim any responsibility for the functionality, accuracy, content or availability of linked websites. You should carefully review their terms of service and privacy policies before using third party websites.
Foval is not liable for any loss, damage, illness or injury caused directly or indirectly from the use of our Website or products purchased on our Website. We do not assume liability for accidents or damages resulting from misuse of our products.
We make reasonable commercial efforts to ensure our Website is available, bug-free and safe to use. However, we make no warranties that the Website will be available, uninterrupted, error-free or completely secure. Website access may become limited or unavailable due to maintenance, updating or technical issues.
To the fullest extent permitted by law, the Company disclaims all implied warranties including warranties that the Website or products will meet your needs or requirements or that the Website or products will be uninterrupted, secure or error free. All products are provided on an “As Is” basis.
Indemnification
You agree to defend, indemnify and hold harmless the Company and our affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Website, violation of the Terms, or violation of any rights of a third party. If you cause a technical disruption of the Website through the use of viruses, bots, worms, or other intentionally destructive code or programs, you agree to pay the Company the costs of repair, replacement, or correction incurred as a result of such disruption.
Limitation of Liability
Under no legal theory shall the Company or our affiliates be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages of any kind arising from your use of or inability to access or use the Website. This limitation applies to any claim or cause of action including contract, warranty, tort, negligence, and strict liability.
Our maximum aggregate liability for damages relating to your use of or inability to access the Website shall be limited to the total amount of fees received from you during the 3 months prior to the claim arising.
Applicable Law and Disputes
These Terms are governed by the laws of the United States and the State of California without regard to conflict of laws principles. Any disputes relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco County, California.
Any claims against the Company must be resolved in individual binding arbitration rather than a court proceeding. By using the Website, you expressly waive your right to have any claims adjudicated in court or heard by jury and agree to individual binding arbitration of any claims.
Modifications
We reserve the right to modify these Terms at any time without prior notice. Please check the Terms regularly for updates. Your continued use of the Website constitutes acceptance of the updated Terms. If you object to the modifications, you must immediately stop accessing and using the Website.
Contact
If you have any questions about the Terms or the Website, please contact us at [email protected]