Terms of Use

Last Updated: April 15, 2019

We may change these terms from time to time. Your continued use of the Website is deemed to be acceptance of such changes.

By accessing the World Wide Web Pages of Fogg System Company, Inc. you agree to comply with and be bound by all of the following terms and conditions.  If you have any objections to any of these terms and conditions, do not use this Website.  Any other use of the Website is unauthorized.  This Website is not for use by minors.  If you are not at least 18 years of age, do not use this Website.

These World Wide Web Pages (referred to as "the Pages" or collectively as the “Website”) are provided for the purpose of providing information about Fogg System Company, Inc. (referred to as "we" or "our" or “us”) and our products.  The Pages are believed to be accurate at the time of publication but are provided "as is".  No representation or warranty of any kind, either expressed or implied, is or has been made as to the completeness, accuracy, or reliability of the information in the Pages or to the material of third parties that the Pages may have a link to.  We reserve the right to modify the Pages or to withdraw access to the Website at any time, we do not promise that the Pages will be accessible, and we disclaim any duty to update any information in the Pages.  We are not liable to the user, purchaser, or any other individual or entity with respect to any liability, loss, or damage alleged to be caused directly or indirectly by use of the information found anywhere on the Website.  Neither do we give any representation or warranty of any kind, either expressed or implied, that the Pages or the server that makes the Pages available, are free of harmful components such as, but without limitation to, computer "viruses" or other malicious programs.

The contents of the Pages, including all artwork and images, are our property and are Copyright © Fogg System Company, Inc.  All rights reserved.  Reproduction, storage, transfer or distribution of the contents of the Pages, entirely or partially, in any form without our prior written permission is prohibited.  However, you may store material on your computer and print copies from the Pages for your personal, non-commercial use only, subject to the terms of this "Terms of Use" Notice.  Modification of the Pages or use for any other purpose is prohibited.  Any rights not expressly granted herein are reserved.

All Trademarks appearing in the Pages, whether specifically identified or not, are the property of their respective owners.  Where they are used, our intention is that it is to the benefit of the owner, with no intention of improperly using that Trademark.  ALL WAVE ® is a registered Trademark of Fogg System Company, Inc.

Restrictions

You are specifically restricted from all of the following:

• Use of the Website or its contents that is in any way detrimental to Fogg System Company, Inc., its employees, its suppliers, or its customers.
• Publishing any material from our Website in any other media of any kind.
• Using material from our Website for any commercial purpose whatsoever.
• Using the Website to engage in any advertising or marketing.
• Use of our Website for fraudulent, malicious, or unlawful purposes.
• Harvesting or collecting information about the users of our Website, or any content on our Website.
• Taking any action or using the Website in any way that damages, disrupts, or interferes with the Website, our systems, servers, or networks used to make the Website available.
• Restricting or prohibiting any other person from accessing or using the Website.
• Using the Website to cause harm to another person or business entity.
• Entering, or providing to us, any information that is false, fraudulent, inaccurate, or misleading, or would infringe on the privacy or rights of others.

 

Placing Orders

We only offer our products and services under our Terms of Sale which can be found here:  https://www.foggsystem.com/download/TermsOfSaleFoggSystemCompany.pdf  The Terms of Sale are part of these Terms of Use.

By initiating an order on our Website, you represent and warrant that you are a knowledgeable user, have carefully selected the products for your needs, and have the right to use the medium and method of payment you provide to us.  All information you provide must be complete and accurate.  Providing false or misleading information may prevent us from accepting your order.

A valid email address is required to place orders on our Website.

Cable products and other custom products are made to order and are non-cancellable, and non-returnable except under warranty coverage.

By completing the checkout process, you agree to accept and pay for the products ordered, along with all applicable taxes, duties, and shipping charges.  You further acknowledge that all items you purchase from us are subject to the customs and export laws of the United States as well as the customs and import laws of the country the products are being shipped to, and you agree to comply with all such applicable laws.

Order Acceptance

Verification of the information submitted may be required before we accept any order.  This process may cause delays in completing and shipping your order.

We reserve the right to refuse to accept any order or to cancel any order at any time and for any reason including but not limited to, order size, shipping destination, inaccuracies in pricing or product information, availability of product or components, suspected fraud, past payment history, or problems with the provided method of payment.

When we receive your order, you will receive a confirmation at the email address you have provided.  We will contact you if there are any issues with order acceptance.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all liabilities, claims, damages, costs, and expenses of any nature, including attorneys’ fees and costs, arising from or related to your use of the Website or any breach by you of these Terms of Use.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Consent to Jurisdiction and Venue

This Agreement is to be construed according to the laws of the State of Colorado and any lawsuit based upon any cause of action arising between the parties whether under these Terms of Use, or otherwise, shall be brought in a court of record in Denver County, Colorado, or a court of the United States of America located in Denver County, Colorado, without regard to conflict of law principles.

Entire Agreement

These Terms of Use including legal notices, disclaimers, and terms incorporated by reference, represent the complete agreement and understanding between you and Fogg System Company and supersede all prior agreements, understandings, and representations between the parties with respect to the subject matter.