Acceptance of Terms
By accessing and using Matheny Fire Parts ("Matheny," "we," "us," or "our"), and MathenyFireParts.com (the "Website"), you ("you" or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Website. We reserve the right to modify these Terms at any time, and your continued use of the Website following any changes constitutes your acceptance of those modifications. It is your responsibility to review these Terms periodically.
Intellectual Property
All content on this Website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Matheny Fire Parts or its content suppliers and is protected by United States and international copyright laws. You may store, print, and display the content supplied solely for your own personal use. Any other use, including reproduction, modification, distribution, or republication, is strictly prohibited without the express written consent of Matheny Fire Parts.
The trademarks, service marks, and trade dress of Matheny Fire Parts and its affiliates may not be used in connection with any product or service that is not Matheny Fire Parts', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Matheny Fire Parts.
User Submissions
Any content you submit to the Website, including but not limited to product reviews, questions, comments, and suggestions, is non-confidential and non-proprietary. By submitting such content, you grant Matheny Fire Parts a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from, and otherwise exploit such content in any form and for any purpose without compensation to you.
Product Information
We strive to provide accurate and up-to-date product information on the Website. However, we do not warrant that product descriptions or other content are error-free, complete, reliable, current, or accurate. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition in accordance with our Return Policy. We are not responsible for typographical errors, inaccuracies, or omissions related to product information, pricing, or availability.
Orders and Pricing
All prices listed on the Website are in U.S. dollars and are subject to change without notice. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in pricing or product descriptions, or if we suspect fraudulent activity. Prices on the website may differ from those in our physical stores, and we do not offer a price match guarantee.
Shipping and Delivery
Shipping and handling charges are calculated based on the weight, size, and destination of your order. Estimated delivery times are provided during checkout and are subject to change due to carrier delays or unforeseen circumstances. We are not liable for any delays in shipments or lost packages once the package has been handed over to the carrier.
Export Controls
Your use of the Services may be subject to U.S. and international export control laws. You agree to comply with all applicable export and import laws and regulations.
Returns and Refunds
Please refer to our Return Policy for detailed information on returns and refunds. We reserve the right to refuse returns that do not comply with our Return Policy.
Privacy and Cookie Policy
Please refer to our Privacy and Cookie Policy for detailed information on our privacy policy.
Disclaimer of Warranties
The information and services on this website are provided on an "as is" and "as available" basis. Matheny Fire Parts makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website, or your use of the Website.
The only warranties applying to products or services offered on this website are those provided by the manufacturer. Matheny Fire Parts expressly disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. We do not assume, nor authorize any other person to assume for us, any liability in connection with the sale of parts or services.
Matheny Fire Parts does not manufacture the products sold on this website and makes no representations or warranties of any kind regarding those products. Any warranties on products are provided solely by the original manufacturer. We encourage you to review the manufacturer's warranty information before making a purchase.
In no event shall Matheny Fire Parts be liable for any consequential damages, damages to property, damages for loss of use, loss of time, loss of profit or income, or any other incidental damages arising out of or in connection with the use of this website or the products or services purchased through it.
Limitation of Liability
To the maximum extent permitted by law, Matheny Fire Parts will not be liable for any damages arising from the use of the Website or the services, including direct, indirect, incidental, punitive, or consequential damages.
Indemnification
You agree to indemnify and hold Matheny Fire Parts, its officers, directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your infringement of any third-party rights.
Fraud Protection
As part of our commitment to security, Matheny Fire Parts employs fraud detection measures to protect our customers and our business. We screen all orders for potential fraud or unauthorized activity. If we suspect fraud, we may refuse to process an order, cancel accounts, or decline to ship to certain addresses. In such cases, we may contact you to confirm your order details. These measures are in place to safeguard both our customers and Matheny Fire Parts from fraudulent transactions.
Dispute Resolution and Arbitration
Most disputes can be resolved through our customer service team. If not, you agree that any dispute arising out of or relating to these Terms or your use of the Website will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Wood County, West Virginia, and the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be filed in the state or federal courts located in Wood County, West Virginia, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.
Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment
We may assign these Terms and any rights and licenses granted hereunder without restriction. You may not assign these Terms without our prior written consent.