This website is operated by SoCal Fire Pits, a division of DAVID COOKE INDUSTRIES LLC ("Company", "We", or "Us"), a company based in California. Our Services and Products are provided to you, upon your acceptance of the following terms and conditions
"You" ("User", "Customer", or "Client") means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. If you are entering into these Terms on behalf of a company or other legal entity, you must have the authority to bind such legal entity.
By visiting this website and/or purchasing ("Products") from us, you engage in our “Service” and agree to be bound by the following terms and conditions of service (“Terms of Service” or "Terms). We may amend these Terms from time to time. Please read them carefully, as they contain important provisions relating to your use of the site.
Terms of Sale
Warranty
It is expressly acknowledged and agreed that SoCal Fire Pits is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by SoCal Fire Pits shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, SoCal Fire Pits expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade or otherwise, and expressly excludes and disclaims any and all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.
Limitation of Liability
SoCal Fire Pits does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products sold or distributed by SoCal Fire Pits (the “Products”) on socalfirepits.com (the “Site”). With regard to communication with SoCal Fire Pit's technical sales staff, it is agreed and acknowledged that SoCal Fire Pits’ technical sales staff is only provided to assist in the identification of the Products. SoCal Fire Pits' technical sales staff does not and shall not assume any responsibility or liability whatsoever relating to the installation or use of any Products. The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances.
SoCal Fire Pits 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 SoCal Fire Pits and its employees, officers, directors, owners and agents, 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 the any Products purchased by the customer.
Terms of Use
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 site 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.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SoCal Fire Pits The collective work includes works that are licensed to SoCal Fire Pits. Copyright 2019, SoCal Fire Pits ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SoCal Fire Pits or purchasing SoCal Fire Pits products. 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 SoCal Fire Pits or to purchase SoCal Fire Pits 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 SoCal Fire Pits. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, SoCal Fire Pits disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SoCal Fire Pits does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SoCal Fire Pits 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.
Limitation of Liability
SoCal Fire Pits 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 SoCal Fire Pits 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.
Typographical Errors
In the event that a SoCal Fire Pits product is mistakenly listed with a typographical or pricing error, SoCal Fire Pits 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, SoCal Fire Pits shall 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.
Termination
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 SoCal Fire Pits 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.
Notice
SoCal Fire Pits 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 to SoCal Fire Pits.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. 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 SoCal Fire Pits products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SoCal Fire Pits products) must be commenced within one (1) year after the claim or cause of action arises. SoCal Fire Pits’ 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. SoCal Fire Pits 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 email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SoCal Fire Pits 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.
Participation Disclaimer
SoCal Fire Pits 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, SoCal Fire Pits 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, SoCal Fire Pits 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 SoCal Fire Pits in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless SoCal Fire Pits, its officers, directors, 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 (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, SoCal Fire Pits may link to sites operated by third parties. However, even if the third party is affiliated with SoCal Fire Pits, SoCal Fire Pits has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SoCal Fire Pits. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SoCal Fire Pits seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Pricing Policy
We make every effort to correctly portray the items and information contained in this web site. In the event of pricing errors, errors in descriptions, and informational content errors, we will attempt 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 with SoCal Fire Pits, 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
Sales tax is charged for orders shipped to U.S. states that legally require sales tax to be collected. Sales tax rates vary from state to state. The sales tax indicated on the Sales Order will be calculated to reflect applicable taxes at the time the payment is processed.
Questions
If you have any questions regarding these Terms of Service, please contact us and we will be happy to assist you.