Terms & Conditions
FIFTHFUNDAMENTAL.COM TERMS & CONDITIONS
Thank you for your support and interest in Fifth Fundamental. We want you to know that your privacy is important to us. Please review the following TERMS AND CONDITIONS that govern your use of, and purchase of, products from FIFTHFUNDAMENTAL.COM(Site). Please note that your use of our site constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms and conditions, please do not use this site.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Fifth Fundamental collectively, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Fifth Fundamental. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
LIMITATION OF LIABILITY
Fifth Fundamental 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 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.
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 either you or Fifth Fundamental without notice at any time, for any reason. Upon any termination of this Agreement by either you or Fifth Fundamental, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
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/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
Fifth Fundamental 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, 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, Fifth Fundamental 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, in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fifth Fundamental, 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, Fifth Fundamental may link to sites operated by third parties. However, even if the third party is affiliated with Fifth Fundamental, Fifth Fundamental has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fifth Fundamental. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fifth Fundamental 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).
RIGHT TO ALTER TERMS AND CONDITIONS
Fifth Fundamental reserves the right to change, move or delete portions of, or add to, the terms and conditions that govern your use of our Site without notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. You understand that you are responsible for regularly reviewing these Terms of Use, as posted on the Site.
PRIVACY POLICY
All the information you provide to the Site are strictly private and confidential. Fifth Fundamental will not disclose details to any third party without your express written consent.
PRODUCT INFORMATION
The prices displayed on FIFTHFUNDAMENTAL.COM are quoted in U.S. Dollars and are valid and effective only in the United States. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
TYPOGRAPHICAL ERRORS
In the event that a product is mistakenly listed at an incorrect price, Fifth Fundamental reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fifth Fundamental reserves the right to refuse or cancel any such orders 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, Fifth Fundamental shall issue a credit to your credit card account in the amount of the incorrect price.
PRODUCT AVAILABILITY
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
PRICING, SHIPPING & DELIVERY
All California residents will incur an 8.625% sales tax. Shipping is calculated at the time of checkout and varies depending on location. We ship all orders via USPS priority mail. Purchased items will be processed within 7 business days of ordering. Please allow up to 1 week for domestic delivery and 3 weeks for international delivery. *International orders are subject to being charged custom fees by the destination country's government. Fifth Fundamental is not responsible for these charges or fees. THESE ARE MERELY ESTIMATED GUIDELINES AND WE HAVE NO CONTROL OVER THE USPS OR WEATHER CONDITIONS, SO DELIVERY MAY TAKE LONGER. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Please forward any questions to [email protected].
All items purchased are considered final sale.
*ALL 'On Sale' PRODUCT AND DECAL PURCHASES ARE FINAL. NO RETURNS OR EXCHANGES.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FIFTH FUNDAMENTAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
FIFTH FUNDAMENTAL. LIVE FOR THE MOMENT. LIVE FOR THE MOVEMENT.