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    Forti Goods Policies

    Orders

    Part of the beauty of working with natural materials is the expected variation in grains and hues. Such differences within our products are not indicative of a defect. Forti Goods is unable to match or guarantee specific wood grains, tones or colors nor will accept any return or refusal of goods based upon variation in grains and hues.

    Our water-based, catalyzed urethane finishes are factory applied to seal the wood and provide some level of protection. However, care should be taken to avoid contact with moisture on any of our finishes.

    We have made an effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We reserve the right to alter minor details of our products and in other informational materials we provide in the interest of maintaining product quality and design integrity. Accordingly, products shipped may differ slightly from those depicted on our website or in product information materials. Colors and hues of products depicted on the website may differ slightly from the real-life product.

    NOT WITHSTANDING THE WARRANTY SET FORTH IN THIS SECTION, ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMEROF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

    YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

    Forti Goods Inc offers a guarantee to the original purchaser that the products are free of defects in workmanship and materials for a period of 1 year from the date of shipment. During that period, Forti Goods will repair or replace, at its option and cost, the affected part or parts.

    THIS GUARANTEE DOES NOT APPLY TO:

    ·  Failure to follow product care instructions as supplied by Forti Goods.

    ·  Damage caused by a carrier other than Forti Goods’ original delivery to the customer.

    ·  Normal wear and tear or acts or omissions of parties other than Forti Goods, including user modification.

    ·  Products damaged by careless removal of packaging.

    ·  Dramatic temperature variations or exposure to unusual conditions.

    ·  Any normal cracking or wear on finish due to use and aging.

    All prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept credit card payments & Klarna for all purchases.

    You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.

    Apply for easy monthly financing directly in the checkout by selecting the Buy Now, Pay Later with Klarna option. A simple, 2-step application will provide an instant approval decision. Once you’ve been approved, you’ll receive reminders and can manage your payments directly in the Klarna app. Monthly financing products are offered by WebBank, member FDIC.

    All sales delivered within the state of Wisconsin are subject to Wisconsin sales tax.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FORTI GOODS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

    Redemption: Gift Cards ("Cards") are only redeemable for merchandise on the Forti Goods Inc website and are not redeemable for cash, except where required by law.

    Nonrefundable: Purchases made with the Cards are nonrefundable, and Cards cannot be replaced if lost or stolen.

    Not Reloadable: The Cards are not reloadable. Once the card balance has been fully used, it cannot be reloaded.

    Expiration: Cards have no expiration date and no maintenance or inactivity fees will be charged.

    Promotions: Cards cannot be used in conjunction with any promotions or discounts, unless specifically stated.

    Limits: The maximum value that can be associated with any one Card at any given time is $9,999. Sales of Cards to any individual or entity are limited to a maximum value of $9,999 per day.

    Responsibility: Forti Goods Inc is not responsible for unauthorized Card use. The risk of loss and title for Cards pass to the purchaser upon sale.

    Compliance with Laws: By purchasing a Card, you are certifying and representing to Forti Goods Inc that the activities in connection with which the Cards will be used comply with these Terms and Conditions and all applicable laws, rules and regulations.

    Changes to Terms: Forti Goods Inc reserves the right to change these Terms and Conditions from time to time at its discretion.

    Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin in which Forti Goods Inc is headquartered.

    Disputes: Any disputes arising out of these Terms and Conditions will be resolved in accordance with the dispute resolution procedures outlined in the Forti Goods Inc Terms of Service.

    By purchasing, accepting, or using a Card, you agree to be bound by these Terms and Conditions, and certify that you will comply with all terms contained herein.

    We start processing your order as soon as it is received. For in stock items, only orders not yet processed for shipment may be cancelled. We will credit cancelled orders in the form of payment used. For made to order items, all sales are final. Once your order is placed, cancellations will not be permitted.

    We may offer from time to time promotions on the website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for promotion and these Terms, the promotion terms will govern.

    We will gladly replace defective or missing parts at no additional charge. Please do not attempt a return without first having obtained Forti Goods’ written authorization. We will not accept returns without prior written authorization.

    Shipping and handling charges are nonrefundable. Return shipping and return pickup fees are the customer’s responsibility and are non-refundable.

    Returns will be refunded to the customer in the same form of payment the order was placed in.

    Shipping

    Forti Goods offers LTL ground shipping with curbside delivery throughout the Contiguous United States. Shipping and handling charges include full insurance. All orders are F.O.B. origin unless otherwise specified. If you are ordering more than one piece, your order may arrive in separate deliveries.

    Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    White Glove Service is available but additional charges apply (see White Glove Delivery below for details). Our shipping rates are subject to change without prior notice.

    For shipments throughout the contiguous U.S., White Glove Delivery may be available, subject to COVID-19 restrictions, for an additional charge. White Glove Delivery service includes placement inside a room of your choice, unpacking and debris removal. The rates for White Glove Delivery are quoted per order and will require communication with you to arrange details and payment.

    Furniture items will be shipped via a standard parcel or LTL freight carrier. Most carriers schedule deliveries Monday-Friday, 9:00am-5:00pm. Customers must be onsite to receive, inspect, and sign for delivery. Unless special arrangements have been made, all shipments are curbside delivery. Storage and redelivery fees are the responsibility of the customer and will be billed at cost.

    Please take care when opening the shipping carton. Do not use a sharp knife or tool to open cartons as you risk damaging your furniture. Any staples should be fully removed prior to taking the item from the carton, otherwise you run the risk of scratching the piece as you remove it from the carton.

    Even though items are packaged properly, transit-related damage can occur. Forti Goods takes great care in packaging items to ensure safe transport and all shipments are insured against loss or damage. When an order arrives, please inspect your order at the time of delivery and only accept merchandise received in good condition. It is imperative that the outer boxes be inspected carefully and that any damage to the boxes and additional packaging materials is noted on the delivery receipt. Shipping documents should not be signed without recording details of transit damage. (For example: the box is crushed on the top corner, punctured, or wet.) If you decide to accept merchandise that appears to be damaged, please indicate the condition next to your signature accepting the delivery. Take photos of any damage to the packaging. If you are unable to thoroughly inspect the merchandise at the time of receiving the shipment, note on the bill of lading (B.O.L.) “subject to inspection” that any concealed damage of boxed or crated products will be the responsibility of the carrier upon inspection. Full inspection must occur within 48 hours of delivery and all freight claims filed within 48 hours. Save all packaging material and take photos of the damage. Failure to save the packaging will invalidate a claim.

    We use a freight company that specializes in furniture and has a low damages rate. Shipping damages are infrequent, but possible.

    Any claims for damaged goods must be settled by the customer and the carrier selected to deliver the goods and are not the responsibility of Forti Goods. Though we are more than happy to assist in any way as you file your claim, ALL DAMAGE CLAIMS MUST BE DIRECTED AND HANDLED THROUGH THE SHIPPING COMPANY.

    All shipments from Forti Goods are insured against damage and loss. Should damage happen, you must notify the shipping company immediately and retain all packaging materials. If you wish to have our assistance in filing the claim, you must notify Forti Goods within 48 hours of delivery of the damaged merchandise to you. We will do everything we can to help with your claim.

    A couple of IMPORTANT things to note in the claims filing process:

    ·  Retain all packaging. Without packaging we cannot process a claim.

    ·  Retain all shipping receipts (B.O.L., etc.)

    ·  Full inspection must occur within 48 hours of delivery and all freight claims filed within 48 hours. Failure to do so will constitute full and unconditional acceptance of the products.

    ·  Please inspect the damaged/defective item carefully to be sure that all damage/defect is noted. (For example: the box is crushed on the top corner, punctured, or wet.)

    ·  In the event of shipping damage, you are required to comply with the claims policy requirements of the shipping company used to deliver the item. Should the shipping company require it, the damaged item must be available for inspection.

    ·  Any determination of defects in our products is at Forti Goods’ sole discretion.

    ·  If a manufacturing defect determination is made, a return authorization number is required to ship back the item. Returns must be shipped with original packaging. Items returned incomplete, damaged or without defect will be assessed shipping costs.

    Privacy

    Forti Goods Inc (“Forti” or "us") values its users' privacy. This Privacy Policy("Policy") will help you understand how we collect and use personal information from those who visit www.fortigoods.com(our "Website") or make use of our online facilities and services, and what we will and will not do with the information we collect.

    We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If, at any point in time, Forti decides to make use of any personally identifiable information on file in a manner vastly different from that which was stated when this information was initially collected, you will be notified by email. You will have the option, after receiving this notice, to opt-out of this new use of your personally identifiable information.

    This Policy applies to Forti, and it governs any and all data collection and usage by us.  Please note that this Policy does not govern the collection and use of information by companies that Forti does not control. If you visit a website that we mention or link to, be sure to review its privacy policy before providing that website with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which those websites garner, make use of and share the information collected.

    Specifically, this Policy will inform you of the following:

    1.     What personally identifiable information is collected from you through our Website;

    2.     Why we collect personally identifiable information and the legal basis for such collection;

    3.     How we use the collected information and with whom it may be shared;

    4.     What choices are available to you regarding the use of your data; and

    5.     The security procedures in place to protect the misuse of your information.

    Information We Collect

    It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. Our Website collects various types of information, such as:

    ·  Voluntarily provided information which may include, but is not limited to, your name, address, email address, billing and/or credit card information, which may be used when you purchase products and/or services and to deliver the services you have requested.

    ·  Information automatically collected when visiting our Website, which may include cookies, third party tracking technologies and server logs.

    In addition, Forti may have the occasion to collection-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

    Forti may also deem it necessary, from time to time, to follow websites that our users may frequent to glean what types of services and products may be the most popular to customers or the general public.

    Please rest assured that our Website will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed forms, and emails. Forti will only use personal information for the purpose for which it was requested, and any additional uses specifically provided for in this Policy.        

    Why We Collect Information and For How Long

    We are collecting your data for several reasons, including, without limitation:

    ·  to better understand your needs and provide you with the services you have requested;

    ·  to fulfill our legitimate interest In improving our services and products;

    ·  to send you promotional emails containing information we think you may like when we have your consent to do so;

    ·   to contact you to fill out surveys or participate in other types of market research, when we have your consent to do so; and

    ·   to customize our Website according to your online behavior and personal preferences.

    The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

    Use of Information Collected

    Forti does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

    Forti may collect and may make use of personal information to assist in the operation of our Website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personal information as a means to keep you informed of other possible products and/or services that may be available to you from our Website.

    Forti may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

    Forti uses various third-party social media features including, but not limited to, Facebook, Instagram, Pinterest, and other interactive programs.  These may collect your IP address and require cookies to work properly. These social media features are governed by the privacy policies of the providers and are not within Forti's control.

    Disclosure of Information

    Forti does not intend to use or disclose the information provided by you except under the following circumstances:

    ·  as necessary to provide services or products you have ordered;

    ·  in other ways described in this Policy or to which you have otherwise consented;

    ·  in the aggregate with other information in such a way so that your identity cannot reasonably be determined;

    ·  as required by law, or in response to a subpoena or search warrant;

    ·  to outside auditors who have agreed to keep the information confidential; and

    ·  as necessary to maintain, safeguard and preserve all the rights and property of Forti.

    Non-Marketing Purposes

    Forti greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as security breaches, account or order issues, and/or changes in Forti’s products and services).  In certain circumstances, we may use our Website, newspapers, or other public means to post a notice.

    Your California Privacy Rights

    If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit Privacy Notice to California Residents.

    Children under the age of 13

    Forti’s website is not directed to and does not knowingly collect personal identifiable information from children under the age of thirteen (13). If it is determined that such information has been inadvertently collected from anyone under the age of thirteen (13), we will immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, obtain verifiable parental consent for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use our Website.

    Google Analytics

    We use a tool called “Google Analytics” to collect information about your use of this Website. Google Analytics collects information such as how you visit this Website, what pages you visit when you do so, and what other websites you used prior to coming to this Website. We use the information we get from Google Analytics only to improve this Website. Google Analytics collects only the IP address assigned to you on the date you visit this Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser.

    Do Not Track

    Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Website is not currently setup to respond to those signals.

    Unsubscribe or Opt-Out

    You will have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our future communications or newsletters, please send an email that you wish to unsubscribe to info@fortigoods.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Forti will continue to adhere to this Policy with respect to any personal information previously collected.

    Notice to European Union Residents

    Our Website is not intended for use by European Union (EU) residents. If you are a European Union resident, please refrain from utilizing our Website or providing us with any of your personally identifiable information. 

    Security

    To secure personal information collected through our Website, prevent unauthorized access, maintain data accuracy, and ensure only appropriate use of personal information, we have implemented appropriate physical, electronic, and managerial procedures. However, we do not guarantee the security of your personal information.

    Acceptance of Terms

    By using our Website, you are hereby accepting the terms and conditions stipulated within this Policy. If you are not in agreement with the terms of this Policy, then you should refrain from further use of our Website. In addition, your continued use of our Website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes. 

    How to Contact Us 

    If you have any questions or concerns regarding the Policy related to our Website, please feel free to contact us at the following email, telephone number or mailing address.

    Email:info@fortigoods.com

    Telephone Number: 414-446-3215

    Mailing Address:Forti Goods Inc, 1037 W McKinley Ave #327, Milwaukee, Wisconsin 53205

    Terms of Service

    This website is operated by Forti Goods Inc. Throughout the website, the terms “we”, “us” and “our” refer to Forti Goods. Forti Goods offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website including, without limitation, users who are browsers, vendors, customers and merchants.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    Force Majeure

    We will not be liable or responsible to you, nor 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 (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

    Governing Law and Jurisdiction

    This website is operated from the U.S. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.

    Dispute Resolution and Binding Arbitration.

    YOU AND FORTI GOODS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED INARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FORTI GOODS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

    Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

    No Waivers

    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if inwriting and signed by a duly authorized representative of Forti Goods.

    No Third-Party Beneficiaries

    These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

    Notices

    We may provide any notice to you under these Terms by: (i)sending a message to the e-mail address you provide; or (ii) by posting to the website. Notices sent by e-mail will be effective upon sending and notices posted to the website will be effective upon posting (i.e., visible on the website). It is your responsibility to keep your e-mail address current.

    To give us notice under these Terms, you must contact us by electronic mail at info@fortigoods.com. We may update the e-mail address for notices to us by posting a notice on the website. Your notice will be deemed delivered upon our acknowledgement of receipt.  

    Severability

    If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

    Entire Agreement

    Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

    Compliance status

    We firmly believe that the internet should be available and accessible to anyone and are committed to providing a website that is accessible to the broadest possible audience, regardless of ability.

    To fulfill this, we aim to adhere as strictly as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content accessible to people with a wide array of disabilities. Complying with those guidelines helps us ensure that the website is accessible to blind people, people with motor impairments, visual impairment, cognitive disabilities, and more.

    This website utilizes various technologies that are meant to make it as accessible as possible at all times. We utilize an accessibility interface that allows persons with specific disabilities to adjust the website’s UI (user interface) and design it to their personal needs.

    Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level constantly. This application remediates the website’s HTML, adapts its functionality and behavior for screen-readers used by blind users, and for keyboard functions used by individuals with motor impairments.

    If you wish to contact the website’s owner please use the following email hi@fortigoods.com

    Screen-reader and keyboard navigation

    Our website implements the ARIA attributes (Accessible Rich Internet Applications) technique, alongside various behavioral changes, to ensure blind users visiting with screen-readers can read, comprehend, and enjoy the website’s functions. As soon as a user with a screen-reader enters your site, they immediately receive a prompt to enter the Screen-Reader Profile so they can browse and operate your site effectively. Here’s how our website covers some of the most important screen-reader requirements:

    Screen-reader optimization: we run a process that learns the website’s components from top to bottom, to ensure ongoing compliance even when updating the website. In this process, we provide screen-readers with meaningful data using the ARIA set of attributes. For example, we provide accurate form labels; descriptions for actionable icons (social media icons, search icons, cart icons, etc.); validation guidance for form inputs; element roles such as buttons, menus, modal dialogues (popups), and others. Additionally, the background process scans all of the website’s images. It provides an accurate and meaningful image-object-recognition-based description as an ALT (alternate text) tag for images that are not described. It will also extract texts embedded within the image using an OCR (optical character recognition) technology. To turn on screen-reader adjustments at any time, users need only to press the Alt+1 keyboard combination. Screen-reader users also get automatic announcements to turn the Screen-reader mode on as soon as they enter the website.These adjustments are compatible with popular screen readers such as JAWS, NVDA, VoiceOver, and TalkBack.

    Keyboard navigation optimization: The background process also adjusts the website’s HTML and adds various behaviors using JavaScript code to make the website operable by the keyboard. This includes the ability to navigate the website using the Tab and Shift+Tab keys, operate dropdowns with the arrow keys, close them with Esc, trigger buttons and links using the Enter key, navigate between radio and checkbox elements using the arrow keys, and fill them in with the Spacebar or Enter key.Additionally, keyboard users will find content-skip menus available at any time by clicking Alt+2, or as the first element of the site while navigating with the keyboard. The background process also handles triggered popups by moving the keyboard focus towards them as soon as they appear, not allowing the focus to drift outside.Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

    Disability profiles supported on our website

    Epilepsy Safe Profile:this profile enables people with epilepsy to safely use the website by eliminating the risk of seizures resulting from flashing or blinking animations and risky color combinations.

    Vision Impaired Profile:this profile adjusts the website so that it is accessible to the majority of visual impairments such as Degrading Eyesight, Tunnel Vision, Cataract, Glaucoma, and others.

    Cognitive Disability Profile:this profile provides various assistive features to help users with cognitive disabilities such as Autism, Dyslexia, CVA, and others, to focus on the essential elements more easily.

    ADHD Friendly Profile: this profile significantly reduces distractions and noise to help people with ADHD, and Neurodevelopmental disorders browse, read, and focus on the essential elements more easily.

    Blind Users Profile (Screen-readers):this profile adjusts the website to be compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A screen-reader is installed on the blind user’s computer, and this site is compatible with it.

    Keyboard Navigation Profile (Motor-Impaired):this profile enables motor-impaired persons to operate the website using the keyboard Tab, Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

    Additional UI, design, and readability adjustments

    Font adjustments – users can increase and decrease its size, change its family (type), adjust the spacing, alignment, line height, and more.

    Color adjustments –users can select various color contrast profiles such as light, dark, inverted, and monochrome. Additionally, users can swap color schemes of titles, texts, and backgrounds with over seven different coloring options.

    Animations –epileptic users can stop all running animations with the click of a button. Animations controlled by the interface include videos, GIFs, and CSS flashing transitions.

    Content highlighting –users can choose to emphasize essential elements such as links and titles. They can also choose to highlight focused or hovered elements only.

    Audio muting –users with hearing devices may experience headaches or other issues due to automatic audio playing. This option lets users mute the entire website instantly.

    Cognitive disorders –we utilize a search engine linked to Wikipedia and Wiktionary, allowing people with cognitive disorders to decipher meanings of phrases, initials, slang, and others.

    Additional functions –we allow users to change cursor color and size, use a printing mode, enable a virtual keyboard, and many other functions.

    Assistive technology and browser compatibility

    We aim to support as many browsers and assistive technologies as possible, so our users can choose the best fitting tools for them, with as few limitations as possible. Therefore, we have worked very hard to be able to support all major systems that comprise over 95% of the user market share, including Google Chrome, Mozilla Firefox, Apple Safari, Opera and Microsoft Edge, JAWS, and NVDA (screen readers), both for Windows and MAC users.

    Notes, comments, and feedback

    Despite our very best efforts to allow anybody to adjust the website to their needs, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Still, we are continually improving our accessibility, adding, updating, improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility following technological advancements. If you wish to contact the website’s owner, please use the following email hi@fortigoods.com.

    Hanging on doors, climbing on drawers or loading heavy items solely at the top of your product may cause the product to tip forward resulting in serious injury or death to yourself or others. If you have or have occasion to have small children in your home, please make sure you never leave your product unsecured. It is possible for small children to climb inside your product and become locked in. This could result in serious injury or death.

    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C)THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

    The limitation of liability set forth above shall only apply to the extent permitted by law.

    You represent and warrant that you are buying products or services from the website 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 U.S.

    The materials appearing on our website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete or current. We may make changes to the materials contained on its website at any time without notice. However, we do not make any commitment to update the materials.

    Everything on the website including, but not limited to, designs, images, drawings, sound, graphics, and text, is protected by worldwide copyright as well as any other applicable intellectual property rights.

    Forti Goods Inc grants you a limited license to access and personally use this website, but you may not download, except where invited, reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this website without express written authorization from Forti Goods. You agree not to access this website by means other than that provided by Forti Goods. Forti Goods retains all right and title to the website and its contents.

    Customer Service hours are from Monday through Friday (excluding holidays), 9am to 5pm CST.

    Products that are not in stock are made to order. Our lead time vary depending on product and current estimated lead times are listed on product pages. Please contact us with any questions specific to your item(s) of interest. Lead times begin with receipt of payment and finalization of order details.

    Application Terms of Service

    Forti Goods Inc ("Forti Goods", "we" or "our") offers a mobile application(the "App") for download that provides you with the ability to lock and unlock the Forti Goods products you have purchased.  By downloading the App, you agree to be bound by this Terms of Use (the "Terms"). If you do not agree with the Terms, please refrain from or immediately cease utilizing the App and delete it from your mobile device.

    When you access the App with a mobile device, we may automatically collect information from you including, without limitation, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide specific features of the App. You can enable or disable location services when you use the App at any time by way of your device settings; however, if you disable location services, your ability to utilize the full functionality of the App may be hindered.

    We use the information we collect both voluntarily and involuntarily from you for various reasons including, without limitation, to:

    ·  improve the App;

    ·  customize your App experience;

    ·  identify and fix the App software functionality issues;

    ·  provide you with customer service;

    ·  any other commercially reasonable purpose we deem important in order to provide you access to and services through the App(collectively, "Commercially Reasonable Purposes")

    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 the App 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 username 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 device so that others are not able to remotely access your products or view or record your password or other personal information.

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at anytime in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms. You are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password.

    We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your device appropriately in order for you to access the App. You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App, the server on which the App is stored or any server, computer or database connected to the App. You are prohibited from utilizing the App for any unlawful purpose.

    We will determine, in our discretion, whether there has been a breach of the Terms. When a breach of the Terms has occurred, we may take such action as we deem appropriate. Failure to comply with the Terms constitutes a material breach of the conditions upon which you are permitted to use the App, and may result in our taking one or more action including, but not limited to, the following:

    ·  Immediate, temporary or permanent withdrawal of your right to use the App.

    ·  Immediate, temporary or permanent removal of any posting or material uploaded by you to the App.

    ·  Issue of a warning to you.

    ·  Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

    ·  Further legal action against you.

    We exclude liability for actions taken in response to breaches of the Terms. The responses described in the Terms are not limited, and we may take any other action we reasonably deem appropriate.

    Uninterrupted use or availability of the App cannot be guaranteed. In particular, maintenance work, security or capacity issues beyond the control of the App can cause temporary non-availability of the services. Forti Goods shall, however, make every effort to ensure constant availability of the application to the extent possible.

    To be able to make full use of the services offered by Forti Goods, you must use up-to-date technologies. If older or not commonly used technologies are used, you might only be able to make limited use of the services offered by Forti Goods.

    Forti Goods is not liable for any damage or data loss that results from your use of the App or App glitches, errors, failures or flaws. Likewise, no liability is assumed for damages resulting from unauthorized access. Forti Goods further assumes no liability for user-generated content or the actual identity of a user. It is your responsibility to ensure you act reasonably and lawfully when utilize the App and its functionality.

    IN NO EVENT SHALL FORTI GOODS INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITYOF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OROTHERWISE) UPON WHICH THE CLAIM IS BASED. 

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

    The limitation of liability set forth above shall only apply to the extent permitted by law.

    Hanging on doors, climbing on drawers or loading heavy items solely at the top of your product may cause the product to tip forward resulting in serious injury or death to yourself or others. If you have or have occasion to have small children in your home, please make sure you never leave your product unsecured. It is possible for small children to climb inside your product and become locked in. This could result in serious injury or death. Tip kits can be provided to you in the event you need to secure your furniture from falls. If you require a tip kit, contact customer service.