Terms of Service

Real Flame Company Inc. Terms of Service

Updated Oct. 2020

Your use of this website, realflame.com (“Site”), is governed by the following Terms, which constitute a legally binding agreement between you and Real Flame Company Inc. (hereinafter referred to as “realflame.com," ”Real Flame," "we," "us,").

We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the “Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to our website and describes our practices concerning collection and use of information about visitors.

Submitting Information

By submitting information to Real Flame using this website, you represent and warrant that:

you own or otherwise control all of the rights to the information that you submit
the submitted information is accurate and a true statement of facts
use of the submitted information complies with these Terms of Use
the submitted information will not cause injury to any person or organization
the submitted information does not contain any malware or other devices intended to interfere with the operation of the website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information

As a visitor to this website, you agree that you will not use this website to:

upload, post or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
harm anyone, including minors, in any way
market or sell products or services
interfere with the operation of the website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information
employ a robot, spider or other process or device to harvest email addresses or other visitor information or to monitor activity on the website
impersonate another person or entity or forge any electronic communication or message
transmit or post information in violation of confidentiality agreements or the intellectual property or personal representation rights of any other person
violate any applicable local, national or international laws

This website allows visitors to post information that can be viewed by the general public. The person making the post is entirely responsible for the post and Real Flame has no liability in connection with the posts. You are responsible for ensuring that any post made using your email address complies with these Terms of Use. We have the right to edit any post for relevance and succinctness and to decline to allow or preserve any post. In addition, we have the right to remove any post, including any post we feel is inappropriate, illegal, offensive, potentially or actually harmful, or may negatively impact website operations.

In submitting User Content, such as reviews, you grant Real Flame a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Electronic Communication

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Links

Our website may contain links to other sites over which we have no control and that are independent of Real Flame even though they may contain Real Flame logos or icons. The inclusion of any link does not imply our endorsement of the site or the site's contents or owner, and we are not responsible for the content or the use of the sites or the actions of the owners of the sites.

Our website may display feeds from Real Flame's social media accounts, such as Facebook and Twitter accounts, as well as feeds from other parties, which contain information that we did not generate. The persons contributing the information into the feeds displayed on our website are solely responsible for the information. We have the right to monitor, review and edit or delete the information, but are not required to, and we are not responsible for the information.

Your Account

If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. Real Flame does not sell products for children. Individuals under 18 years of age may open an account and make purchases only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit account information, or cancel orders in our sole discretion.

Your Responsibility to Protect against Viruses

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. It is your responsibility to take precautions to ensure that whatever you may download from our website is free of viruses and other destructive items. We have no liability for any damaged to computer equipment, computer programs, data or other proprietary material, or loss of time caused by a virus or other malware introduced to your computer system through access to or download from our website.

English Language

You agree that there is no requirement to translate all or any portion of our website or the information provided through our website into any other language than the one in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language, and that there is no requirement to translate any communication into any other language.

Website Accessibility

We strive to provide an excellent online experience for all visitors to our website. We believe all of our visitors should be able to easily navigate our website, regardless of whether the visitor has a need for assistive technologies like screen readers, magnifiers, voice recognition software or switch technology. To ensure access, we are committed to maintaining compliance with the Level AA success criteria of the Website Content Accessibility Guidelines.
• The Web Content Accessibility Guidelines Level AA are recognized and acknowledged as the international standard measure of success. Our site is designed and developed with these guidelines in mind.
• We regularly test our website to ensure we meet or exceed the AA standard and that it is usable by guests who use assistive technology.
If you have questions or need assistance, or if you would like to report an issue relating to the accessibility of this Website, please call 1-800-654-1704 or email [email protected]

Geographic Restrictions

The owner of the Site is based in the United States of America. Access to the Site may not be legal by certain persons or in certain countries, and our Products are only available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify and hold harmless Real Flame, its parent and affiliates, agents, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of the Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

Limitation of Liability

In no event will Real Flame or its agents be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any other person, whether in an action in contract or tort, arising from access to, or use of, or inability to access or use this website or any linked website or information, or from any product or service lack of receipt or availability of any product or service ordered through this website. Such limitation shall also apply with the respect to damages incurred by reason of other services of products received or advertised in connection with the service or any links on the service as well as by reason of any information or advice received through or advertised in connection with the service or through any links. Under no circumstances will Real Flame be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

With regard to communication with Real Flame's technical sales and customer service staff, it is agreed and acknowledged that Real Flame's technical sales and customer service staff are only provided to assist in the identification of the Products. Real Flame's technical sales and customer service 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. Real Flame 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 Real Flame 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.

Trademark and Copyright

All trademarks, product and company names mentioned in our website are property of Real Flame or its related companies.

Without express written permission from us, you may not:

create links to any page of this website
use any name, logo or other trademark of Real Flame in any capacity
use any copyrighted material, including but not limited to, text and images of Real Flame in any capacity
frame or use framing techniques to enclose any trademark, logo or other proprietary information such as copyrighted material (including images, text, page layout or form) presented on our website
use any meta tags or any other hidden text using the Real Flame name or trademarks

The copyright for this website and all the content is owned by Real Flame. You may download, display and print information on this website for your personal, non-commercial use, including to evaluate Real Flame products and services for use in your business. Any other copying, distribution, re-transmission or publication of any information posted on this website is strictly prohibited without the express written consent of Real Flame. Real Flame respects the intellectual property rights of all parties.

Orders

Real Flame reserves the right, without prior notification, to limit the order quantity on any item, refuse service to any customer, refuse or cancel any order for any reason, or restrict or terminate your account for any reason, at its sole discretion. Verification of information may be required prior to the acceptance of an order, and to the extent this includes personal information, it will be processed in accordance with our Privacy Policy.

Prices and availability of Products are subject to change without notice. Real Flame reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission appearing on the Site (including after an order has been submitted). Real Flame cannot confirm the price of an item until you order. Real Flame does not charge your credit card until after the order has entered the shipping process. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Real Flame endeavors to be as accurate as possible, however mistakes and omissions do happen. We do not warrant that product descriptions or other content on realflame.com are all accurate, complete, reliable, current, or error-free. If a Product offered by realflame.com is not as described, your sole remedy is to return the Product in unused condition according to the Returns Policy.

Delivery timeframes communicated by realflame.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall Real Flame be liable for deliveries that are received beyond the estimated delivery date. The risk of loss for purchased items passes to you upon delivery to the carrier.

Enforecment

Access to and use of password protected or secure areas of this website is restricted to authorized users only. Any unauthorized use of our website terminates your permission to access and use our website and may subject you to prosecution. If any provision in these Terms of Use is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of our website must be filed with a court of competent jurisdiction in the State of Wisconsin within one year after it arose or it is permanently barred.