Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this Site agree that access to and use of this website, application, software, or associated documentation, includes links and information regarding third-party products, (collectively, “Materials”) are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
The entire content included in this Site, including but not limited to text, graphics or code is protected by the copyright laws of the United States and other countries, and is the property of Ambiance®. The Site includes works that are licensed to Ambiance®. Copyright 2020, Ambiance, LLC. ALL RIGHTS RESERVED.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Ambiance® or purchasing Products from Ambiance®. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Ambiance® or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Ambiance®. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names used in and on the Site are the property of their respective owners, and may not be used without the written permission of their respective owners.
This Site and the Materials and Products compiled on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, AMBIANCE® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Ambiance® does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Ambiance® does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH AMBIANCE®’S SITE IS DONE AT YOUR OWN DISCRETION AND RISK WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
Limitation of Liability
IN NO EVENT WILL AMBIANCE® OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF AMBIANCE® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Ambiance® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ambiance® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You hereby acknowledge that the preceding limitation on liability will apply to all content, Products, merchandise and services available through the Site, to the fullest extent permitted by law. Regardless of the previous paragraphs, if Ambiance® is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to Ambiance® in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
In the event that a Product is mistakenly listed with a typographical or pricing error, Ambiance® reserves the right to refuse or cancel such orders placed for Product with typographical or pricing errors, whether or not 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 cancelled, Ambiance® or the Member Store that processed the sale will issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ambiance® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Ambiance® may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided on the Site.
Your use of this Site shall be governed in all respects by the laws of the State of Wisconsin, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Products) shall be in the state or federal courts located in Dane County, Wisconsin. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises. Ambiance®’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ambiance® may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ambiance® or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Ambiance® does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ambiance® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ambiance® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another; or (d) offensive or otherwise unacceptable to Ambiance®, in its sole discretion.
You agree to indemnify, defend, and hold harmless Ambiance®, its officers, directors, members, managers, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account or your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Terms of Sale
It is expressly acknowledged and agreed that Ambiance Fireplaces LLC (“Ambiance®”, “we”, or “us”) is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by Ambiance®, Member Stores, or other third-party links available on the Site shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law AMBIANCE® EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONS OF TITLE, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE, TRADE OR OTHERWISE, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL MATERIALS OR PRODUCTS ACCESSIBLE THROUGH AMBIANCE®’S SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Limitation of Liability
Ambiance® expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend and hold harmless Ambiance® and its employees, officers, directors, owners, managers, members, agents and successors, from and against any such claims for damage, injury, cost or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of any Products purchased by the customer.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) AMBIANCE® DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH AMBIANCE®’S SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES SERVICES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) AMBIANCE® MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) AMBIANCE® SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
We make every effort to correctly portray the items and information contained in this Site. In the event of pricing errors, errors in descriptions, and informational content errors, we will attempt to work with the Member Stores processing the sale to correct the situation in a timely fashion once notified. We will not be held liable for pricing errors and reserve the right to cancel any order or refuse shipment at any time with written notice to the buyer.
We rely on a heavily automated process to provide you with the fastest service possible. For this reason, once you place an order on the Site with a Member Store that is processing the sale, your credit card is automatically charged. Once an order has been placed, price adjustments cannot be made at any time for any reason. This includes sale items, discounted items, pricing updates, or proposed price matches. Gift Certificates, coupons, and discount codes must be presented or entered at the time of purchase and cannot be applied to previous purchases.
Sales tax is charged for orders shipped to locations within the United States that require sales tax to be collected. Sales tax rates vary from state to state. The sales tax indicated on the order will be calculated to reflect applicable taxes based on the location at the time the payment is processed.
The security of your personal information is important to Ambiance®. While there is no such thing as “perfect security” on the Internet, Ambiance® will take reasonable steps to help ensure the safety of your personal information provided in any communication or purchase with the Site. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Ambiance® reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. Ambiance® may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
- Functionality cookies, to facilitation your navigation of the Site and use of our features.
- Analytics cookies, which allow us to measure, analyze and understand how our customers use the Site and to identify ways to the Site.
- Customer preference cookies, to help us remember user preferences (including language or location).
- Targeting or advertising cookies, to help us deliver digital ads relevant to you.
Direct Marketing and Behavioral Advertising
If you provide your information, we may directly send you marketing communications and materials by email, postal mail and other channels to keep you informed of new products, promotions, and to provide other information we think may be of interest to you. You can stop receiving direct marketing messages from us at any time through your preferences in your account or by clicking any "unsubscribe" link in any marketing message you receive from us. Please note that it may take up to 48 hours to process your request and update our systems. Note that if you request that we stop sending you marketing messages, we will continue to send you administrative and service communications (such as order updates and other important or transactional information).
Please note that if you use more than one name or email address when communicating with the Site, you may continue to receive communications from us to any name or email address not specified in your opt-out request.