Terms Of Use

WEBSITE TERMS OF USE

Last Updated: August 3rd, 2021

This is a legal agreement between you and FORT. The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use ofgetthefort.com, including any content, functionality, and services offered on or through the website, and any social media that FORT uses, such as Facebook, Twitter, and Instagram (collectively, the “Website”). 

The section headings used in these Terms of Use are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms of Use.

Throughout these Terms, “FORT”, “we”, “us”, and “our” refer to Simulated Wood Grain Design, LLC, a Missouri limited liability company d/b/a FORT, and its respective subsidiaries and affiliated companies, with headquarters located in St. Louis, Missouri. If you have any questions about these Terms of Use, the Website, or any other applicable agreements or policies, please contact us athello@getthefort.com.

2. ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully before you start to use the Website. By visiting this Website, purchasing something from us, and/or clicking to accept these Terms when the option is made available to you (collectively, the “Services”), you accept and agree to be bound and abide by  these and all other applicable terms, including ourPrivacy Notice, incorporated herein by reference. If you do not agree to these Terms or the Privacy Notice, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

FORT reserves the right to revise and update these Terms from time to time, in our sole discretion, by posting revised Terms to the Website. We also reserve the right, at any time, to modify or update our Privacy Notice in the same manner. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You can review the current version of these Terms at any time on this page. We encourage you to look for updates and changes to these Terms by checking the “Last Updated” date when you access our Website, as any changes are binding on you. You confirm your acceptance of the modifications or updates by continuing to use the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website; and
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by ourPrivacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Use of the Website may require you to provide certain registration details, payment, or other information to create an account. It is a condition of your use of the Website that all information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FORT, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. FORT grants you a limited, personal, non-exclusive, and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Website. This limited license terminates automatically, without notice to you, if you breach any of these Terms. 

You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on our Website, in any manner, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
• If we provide social media features (e.g., ourInstagram orFacebook pages) with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to:hello@getthefort.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FORT. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The FORT name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FORT or its affiliates or licensors. You must not use such marks without the prior written permission of FORT. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to these marks without the express written permission of FORT, its affiliate, or the applicable third party. Your misuse of FORT’s trademarks, except as provided in these Terms, is strictly prohibited. You are advised that FORT will aggressively enforce its intellectual property rights over the Website and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” spam, or any other similar solicitation.
• To impersonate or attempt to impersonate FORT, a FORT employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FORT or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

FORT is pleased to hear from its loyal fans and welcomes your comments regarding FORT’s products, including its online services. If you submit to FORT any creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that FORT may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you provide. FORT is not and shall not be under any obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) Comments, content, or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms. 

Any User Contribution that you post to the Website will be considered non-confidential and non-proprietary. You may not post, transmit, or share User Contributions on the Website that you did not create or that you do not have permission to post. By providing any User Contribution on the Website, you grant us and each of our respective licensees, successors, and assigns, an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FORT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

In FORT’s efforts to promote good citizenship within the Internet community, if FORT becomes aware of inappropriate use of the Website or any of its services, FORT will respond in any way that, in its sole discretion, FORT deems appropriate. You acknowledge that FORT will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for FORT.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS FORT, ITS AFFILIATES, AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You understand and agree that FORT may, but is not obligated to, review the Website and may delete or remove (without notice) any Website content or User Contribution in its sole discretion, for any reason or no reason. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You agree that under no circumstances will FORT be liable in any way for any loss or damage to any User Contribution that you post, email, or otherwise make available to FORT.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and ourPrivacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or entity.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

FORT does not permit the infringement of intellectual property rights and will remove any User Contribution if properly notified that such User Contribution infringes on another’s rights. In accordance with the Digital Millennium Copyright Act, FORT has adopted a policy of, in appropriate circumstances, terminating the accounts of users who are repeat infringers of the intellectual property rights of others. FORT also may terminate user accounts based on a single infringement.

All information collected on this Website is subject to ourPrivacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All purchases through the Website or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by ourTerms of Sale andReturn Policy, which are hereby incorporated into these Terms of Use. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

In your use of this Website, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this Website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. 

FORT does not endorse or warrant any third-party products, services, or websites by virtue of any advertisement, information, material, or content referred to, or included on, or linked from or to its Website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You acknowledge that FORT is providing these links to you only as a convenience, and you agree that FORT is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. 

You agree that FORT shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between users of this Website, or between users and any third party, you understand and agree that FORT is under no obligation to become involved. If you have a dispute with one or more users, you hereby release FORT from any and all liability associated with such dispute.

By joining via text, you agree to receive recurring automated promotional and personalized marketing messages from FORT at the cell number provided by you. Consent is not a condition of any purchase. Only valid for U.S. phone numbers. Reply HELP for help and STOP to cancel. Message and data rates may apply. You can view the completeMobile Messaging Terms and Conditions in our Privacy Notice.

Simulated Wood Grain Design LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://getthefort.com/pages/privacy-notice(the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that FORT and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of magnetic pillow forts, toys or any and all accessories and ancillary products. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@getthefort.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in St. Louis, Missouribefore one arbitrator.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

FORT controls and operates the Website from its headquarters in the United States and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Website are solely directed to individuals, companies, or other entities located in the United States. If you use the Website from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations. You represent and warrant that you are buying products or services from FORT for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

This Website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the Website. FORT does not warrant the accuracy or timeliness of the materials, product deliveries, or services offered and ultimately available. FORT has no liability for any errors or omissions in the materials, product offerings, or services, whether provided by FORT or third parties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS”, “WHERE-IS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FORT NOR ANY PERSON OR ENTITY ASSOCIATED WITH FORT MAKES ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, TRUTH, OR AVAILABILITY OF THE WEBSITE OR ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FORT NOR ANYONE ASSOCIATED WITH FORT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE RELIABLE, ACCURATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FORT HEREBY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

FORT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION TO THE WEBSITE OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THIS WEBSITE OR WEBSITES LINKED TO IT OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE AND EVEN IF FORT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

User Contributions and unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold FORT harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand relating to your violation of these Terms of Use, your use of the Website or the use of the Website by any person using your username and/or password (including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use), or your use of any information obtained from the Website.

FORT will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God; flood; fire; earthquake; explosion; governmental actions; war; invasion or hostilities, regardless of whether war is declared; terrorist threats or acts; riots or other civil unrest; national emergency, revolution; insurrection; epidemic; lockouts; strikes or other labor disputes, regardless of whether relating to our workforce; restraints or delays affecting carriers; inability to obtain or delay in obtaining supplies of adequate or suitable materials; telecommunication breakdown; or power outage.

All matters relating to the Website, these Terms, any agreement with FORT, or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provisions of any jurisdiction.

If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in St. Louis, Missouri, and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri for the resolution of all disputes arising from or related to your use of the Website, these Terms, or any other agreement between you and FORT. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website, these Terms, or any other agreement between you and FORT must be filed within one year after such claim or cause of action arose; otherwise, such cause of action or claim is permanently barred.

No waiver by FORT of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FORT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or FORT. You may terminate these Terms at any time by notifying FORT that you no longer wish to use our services, or when you cease using our Website. If, in FORT’s sole judgment, you fail to comply, or FORT suspects that you have failed to comply, with any term or provision of these Terms, FORT may terminate this agreement at any time without notice and accordingly may deny you access to the Website or any part thereof. In that event, you will remain liable for all amounts due up to and including the date of termination. 

These Terms, and any policies, notices, or operating rules posted by FORT on the Website, constitute the entire agreement and understanding between you and FORT and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and FORT (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

FORT may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when FORT sends the email and notices posted to the Website will be effective upon posting. It is your responsibility to keep your email address current.

To give FORT notice under these Terms, you must contact us by email athello@getthefort.com. FORT may update the email address for notices to FORT by posting a notice on the Website. Notices provided by email will be effective immediately.  

This Website is operated by Simulated Wood Grain Design, LLC d/b/a FORT, located in St. Louis, Missouri. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed tohello@getthefort.com. 

© 2021 Simulated Wood Grain Design, LLC. All rights reserved.