Terms of Service
Terms of Use
Last Updated: March 01, 2025
Welcome to FactoryDirectBrands.com (the “Website”). Factory Direct Brands (“Company”, “we”, “us”, “our”) provides the Website and services (collectively, the “Services”) to you subject to the following terms and conditions (the “Terms of Use”). By accessing or using the Website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.
1. Acceptance of Terms
By accessing and using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you should not use the Website.
2. Use of the Website
a. Eligibility
You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years old.
b. Account Registration
To access certain features of the Website, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Products and Services
a. Product Descriptions
We strive to ensure that the information on the Website is accurate, complete, and current. However, we do not warrant that the product descriptions, prices, or other content available on the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
b. Pricing and Availability
All prices are subject to change without notice. We reserve the right to modify or discontinue any product or service without prior notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
4. Orders and Payment
a. Order Acceptance
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason at any time.
b. Payment
You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You are responsible for paying any applicable taxes relating to your purchases.
5. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Factory Direct Brands or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Factory Direct Brands and protected by international copyright laws. All software used on this site is the property of Factory Direct Brands or its software suppliers and is protected by international copyright laws.
6. Prohibited Conduct
You agree not to:
- Use the Website for any unlawful purpose.
- Solicit others to perform or participate in any unlawful acts.
- Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submit false or misleading information.
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet.
- Collect or track the personal information of others.
- Spam, phish, pharm, pretext, spider, crawl, or scrape.
- Interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
7. Limitation of Liability
Factory Direct Brands shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Website or Services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
8. Indemnification
You agree to indemnify, defend, and hold harmless Factory Direct Brands and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
9. Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Utah, United States.
10. Changes to Terms of Use
We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
11. Contact Information
Questions about the Terms of Use should be sent to us at support@factorydirectbrands.com.