Terms & Conditions
1. General - These General Terms and Conditions of Use ("Terms") are entered into by and between you and Firefly Fuel. In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, you hereby agree as follows: Your access to and use of the Firefly Fuel website is subject to these Terms, as well as any modifications issued by Firefly Fuel to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Firefly Fuel site. Among other things, Firefly Fuel provides information concerning various products and services. and the opportunity to purchase them. To the extent any area within the Firefly Fuel website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms - Firefly Fuel shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Firefly Fuel website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Firefly Fuel website. You agree that you shall be deemed apprised of and bound by any modification by Firefly Fuel to these Terms.
3. Termination - These Terms are effective until terminated by Firefly Fuel. Firefly Fuel may terminate these Terms without notice and at any time. Firefly Fuel shall also have the right without notice and at any time to terminate the Firefly Fuel website or any portion thereof, or any products or services offered through the Firefly Fuel website, or to terminate any individual's right to access or use the Firefly Fuel website or any portion thereof.
4. Compliance with Laws - You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Firefly Fuel website and your purchase of the items from Firefly Fuel on the Firefly Fuel website.
5. Content - The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Firefly Fuel website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Firefly Fuel may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Firefly Fuel in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Firefly Fuel or licensed by third parties. You may view and use the Content only for your personal information and for shopping and ordering on the Firefly Fuel website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Firefly Fuel does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Firefly Fuel, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Firefly Fuel, is strictly prohibited.
6. Linked Third Party Sites - Links to other Internet sites operated by third parties, including Firefly Fuel vendors, do not constitute sponsorship, endorsement, or approval by Firefly Fuel of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Firefly Fuel, and Firefly Fuel is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices and Orders - All prices displayed on the Firefly Fuel website are quoted in U.S. dollars. Firefly Fuel may restrict delivery to addresses within the United States and Canada. Firefly Fuel will add shipping and handling fees and applicable sales/use tax as necessary. Firefly Fuel reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Firefly Fuel website without incurring any obligation to you. Products displayed on the Firefly Fuel website are available while supplies last. Descriptions of, or references to, products or services on Firefly Fuel do not imply endorsement of that product or service, or constitute a warranty by Firefly Fuel. The receipt by you of an order confirmation does not constitute Firefly Fuel acceptance of an order. Prior to Firefly Fuel acceptance of an order, verification of information may be required. Firefly Fuel reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Firefly Fuel, for any reason. Firefly Fuel reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Firefly Fuel shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Firefly Fuel shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to this Site and Content Firefly Fuel MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Firefly Fuel WEBSITE OR ANY LINKED SITE OR ITS CONTENT. ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Firefly Fuel, DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Firefly Fuel OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Firefly Fuel is EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification - You agree to defend, indemnify, and hold harmless Firefly Fuel, its parent, subsidiaries & affiliates Firefly Fuel vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Firefly Fuel. The foregoing indemnification obligation shall survive termination of these Terms and Firefly Fuel and any product or service provided to you arising out of or relating to your use of Firefly Fuel.
10. Law and Forum These Terms are governed by the laws of the State of Florida. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts of Florida.
11. Trademarks Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including Firefly Fuel and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Firefly Fuel or such third party owner.
12. Inappropriate Material You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Firefly Fuel may have at law or in equity, if Firefly Fuel reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Firefly Fuel may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Firefly Fuel will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Firefly Fuel to disclose the identity of anyone posting such materials.
14. Offers and Promotions - Offers and Promotions (“Coupons”) featured on Firefly Fuel are subject to change at the discretion of Firefly Fuel. Coupons may only be redeemed at our Web site toward the purchase of products listed in our online catalog. Please note that a minimum purchase value may apply which is exclusive of postage and handling. Coupons cannot be used to pay for Gift Certificates. Coupons may not be combined with other offers or Coupons and may exclude certain brands and items. Coupon inclusion items are explicitly marked on each merchandise descriptions. Coupons cannot be used retrospectively, i.e. applied to orders already placed, and may be subject to expiry date and other offer restrictions.
15. WARRANTY - Seller warrants its products to be free from defects in manufacturing for a period of 60 days from the date of order. Should you have a warranty issue, please contact [email protected] Fuel or call 888-472-6740 for a return authorization number (RA). Please include your order number, name and a brief description of the issue. Including a digital photo of the problem may expedite its resolution. The RA number will be emailed or faxed to you with the address to ship the goods too. The RA number must be clearly marked on all packages shipped to us. No returns will be accepted without a return authorization number clearly marked on the outside of the package. All packages must be shipped prepaid to the address provided with your return authorization. Any package returned without an RA number clearly marked on each package will be refused. The cost of the refused shipment is the responsibility of the customer. The returned product will be inspected. If Seller determines the product is defective it will be replaced or repaired at the sole discretion of Seller. If the item was replaced or repaired under warranty, all shipping costs will be reimbursed to the customer for return to Firefly Fuel. We have found in many cases damage thought to be a warranty issue was caused by shipping, and is NOT a warranty issue. If the returned item is damaged due to shipping or is not a warranty repair or replacement as judged during the initial inspection by Seller, all shipping costs and repair costs will be the responsibility of the customer.
16. CANCELLATION - Orders may be cancelled in writing. In the event of cancellation of an order that has been shipped customer will be responsible for all costs incurred in recovering the property.
17. ASSIGNMENT - No order or any claim against Seller arising directly or indirectly out of or in connection with an order shall be assignable by Buyer without the prior written consent of Seller.