FORTYEIGHT Terms of Use

Welcome to the Fortyeight.com website ("Site"). By accessing or using the Site, any user ("User") accepts these Terms of Use ("Agreement") and agrees to be bound, without limitation or qualification, by these terms and all applicable Oregon State, and federal laws. User agrees not to alter or tamper with the software, security, or site operations of the Site. Fortyeight reserves the right to change provisions of the Agreement without notice, and User agrees to be bound by the terms in effect at the time at which the Site is accessed.

Use of Site

Services and products are intended for persons who are legally permitted to enter binding contracts. The Site may not be used to gain or attempt to gain a competitive advantage in Fortyeight's industry market or be used for any commercial use.
The information, opinions, photos, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users ("User Submissions") and uploaded, published, displayed or otherwise made available ("posted") on the Site is not endorsed by Fortyeight. User is solely responsible for the User Submissions he or she posts.
User retains all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, User grants, and warrants that he or she has the right to grant, to Fortyeight a non-exclusive, worldwide, non-revocable, transferable, royalty-free, perpetual right to use the User Submissions in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sublicense, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.

Rules of Conduct

User agrees to adhere to generally accepted rules of etiquette and behavior standards. The following rules of conduct apply to User's use of the Site and to all User Submissions posted on the Site.
Users may not:
post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way;
post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights;post photos or videos of another person without that person's consent;
post any advertising or solicitation or commercial content whatsoever on the Site;
post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities;
impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity;
promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code;
solicit personal information from anyone under 18;
post the personal information of another person without that person's permission; oruse another User's account or modify or remove another User's User Submissions without their permission

Accuracy of Information

Although Fortyeight's webmaster updates information on the Site periodically, Fortyeight does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to color, availability, product description, and price. Fortyeight reserves the right to revise or change information without prior notice. Although we apologize for the inconvenience, Fortyeight reserves the right to correct any information at any time, even during your transaction, and will take measures that may include refusal, cancellation, or revision to adjust your final payment.
All prices are available for limited time only, and Fortyeight reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased merchandise.

Third Party Links and Content

Links and references to and from third party websites are provided for convenience only. Fortyeight does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. Fortyeight does not assume any responsibility or liability for third party sites, nor does Fortyeight make any representation or warranties for these sites. No User may provide links to Fortyeight's website without prior written permission from Fortyeight's webmaster. To request such permission, contact webmaster@fortyeight.com.
Fortyeight and its service providers do not guarantee the accuracy or completeness of the Site's content. Fortyeight does not assume responsibility or liability for third party content on the Site. Vendors of Fortyeight may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify Fortyeight service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.

Termination

These Terms of Use are applicable to any User who accesses, registers, or shops on the Site. Fortyeight may restrict or terminate any user's access to our services or products at any time and without notice. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.

Indemnity

User agrees to indemnify all Fortyeight service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from any violation of this Agreement and/or the Privacy Notice by the User, or any activity on the User's account by another third party.

Copyright and Trademark Disclaimer

The Site is owned by Fortyeight and is available for a User's personal and non-commercial purposes only. The Fortyeight name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Fortyeight retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Fortyeight trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Fortyeight. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from Fortyeight. Fortyeight retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the site to create new works.

Limitation of Liability and Disclaimer of Warranties

FORTYEIGHT PROVIDES THE SITE "AS IS" AND DOES NOT CLAIM TO MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONTENT OF THE SITE. FORTYEIGHT FURTHER DOES NOT WARRANT THAT ITS SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR APPLICABLE SERVER IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. NEITHER FORTYEIGHT NOR ANY OF ITS SERVICE PROVIDERS SHALL BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM ANY USE OR INABILITY TO USE PRODUCTS OR SERVICES, MALFUNCTIONS OR DEFECTS IN THE SITE, LACK OF PRIVACY OR SECURITY WHEN USING THE SITE, FOR ANY DELAY IN OR LACK OF DELIVERY, FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, FOR USER OR ANY THIRD PARTY, AS PERMISSIBLE UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH AN EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THE LIMITATION MAY NOT APPLY IN ITS ENTIRETY. USER IS NOT OBLIGATED TO ACCESS OR USE THE FORTYEIGHT SITE. USER AGREES TO INDEMNIFY AND HOLD HARMLESS FORTYEIGHT AND ITS SERVICE PROVIDERS FROM DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST DATA, COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT IN NO EVENT SHALL FORTYEIGHT BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE CHARGED TO USER FOR USER'S ORDER. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FORTYEIGHT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE.

Governing Law

The Site is controlled and operated by Fortyeight in Washington County, Oregon, United States of America. Fortyeight makes no claim that the Site, its services, or products, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Notice, and submits to the jurisdiction and venue in the state or federal courts located in Oregon. This agreement shall be governed by the laws of the State of Oregon without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If Fortyeight initiates legal proceedings to collect any amount due hereunder and Fortyeight substantially prevails in such proceedings, then User agrees to pay Fortyeight's costs and reasonable attorneys' fees in such proceedings and any appeals. User waives any and all rights that she/he may have to a jury trial in connection with any proceedings concerning this Agreement.