Terms & Conditions
Effective Date: January 7, 2024
Thank you for visiting Fire Blanket Inc. ("Fire Blanket," "we," "us," or "our"), which operates the website located at fireblanket.com (the "Site"). Please read these Terms & Conditions ("Terms") carefully. By accessing the Site or purchasing our fire safety blanket products ("Products"), you agree to these Terms in full. If you do not agree, you must not use the Site or our Products.
1. Overview and Acceptance of Terms
Parties
These Terms form a binding agreement between you ("you" or "the customer") and Fire Blanket Inc., including its subsidiaries, affiliates, successors, and assigns (collectively referred to as "Fire Blanket," "we," "us," or "our").
Legal Capacity
By using our Site or ordering Products, you represent that you have the legal capacity to enter into this agreement. If you are a minor, use the Site and Products only with the involvement or consent of a parent or guardian.
Policies Incorporated
In addition to these Terms, please review our Privacy Policy, Refund Policy, and Shipping Policy, each of which is incorporated by reference into these Terms.
2. Use of the Website and Conduct
You agree to use our Site and any related services only for their intended purpose and in compliance with all applicable laws. Specifically, you will not:
- Use the Site for unlawful, fraudulent, or unauthorized purposes
- Infringe upon any intellectual property or privacy rights
- Engage in behavior that is harassing, defamatory, abusive, threatening, or discriminatory
- Introduce viruses, malicious code, or otherwise compromise the Site's security
- Collect personal information of others without lawful authority or interfere with others' use of the Site
We may terminate or restrict your access to the Site if you violate these standards or any provision of these Terms.
3. Orders, Pricing, and Sales Terms
Orders and Acceptance
When you purchase a Product, you are making an offer to buy subject to these Terms. We reserve the right to refuse or cancel any order at our discretion (e.g., suspected unauthorized resellers or incorrect pricing).
Pricing and Product Information
- All prices are in U.S. dollars unless stated otherwise
- We strive for accurate product descriptions and pricing but may correct errors and update or cancel orders if inaccuracies occur
Payment
- By providing a payment method, you represent you are authorized to use it
- We (or our third-party payment processor) may charge your payment method for the full order amount, including taxes and shipping fees
Shipping and Delivery
- All shipments are subject to our Shipping Policy
- Title and risk of loss pass to you upon delivery to the carrier unless otherwise specified by law
Returns and Refunds
- Our Refund Policy governs returns and refunds
- You agree to review and comply with that policy if you wish to return a Product
No Unlawful or Unauthorized Resale
- Our Products are sold for personal, lawful use or for one-time gifts to end users
- You will not resell or distribute our Products without our explicit written consent
Age Neutrality
- No age-based restrictions apply to purchasing fire safety blankets
- Minors should use fire blankets only under adult supervision
4. Product Use and Safety Guidelines
Proper Use
- Our fire safety blankets are designed to help smother small fires
- Misuse can be dangerous. Follow the instructions included with each Product
No Guarantee of Suitability for Every Scenario
- We do not guarantee the fire blanket will extinguish all fires, especially large or rapidly spreading ones
- If the fire is too large or unsafe, evacuate immediately and contact emergency services
Safety Precautions
- Read and follow all safety information
- Replace a fire blanket that has been damaged or contaminated by a fire beyond its capacity
No Alterations
Altering the Product (e.g., cutting or stitching) may render it ineffective.
Assumption of Risk
You assume all risks of use, except where caused directly by our gross negligence or willful misconduct.
5. Intellectual Property Rights
Ownership and Copyright
- All site content (text, images, graphics, videos, code, etc.) is owned by or licensed to Fire Blanket Inc. and protected by U.S. and international copyright laws
- You may not reproduce or distribute our copyrighted materials without our written permission
Trade Name / Unregistered Trademark
- "Fire Blanket Inc." (and related logos or branding) is used as our business or trade name; we do not claim it as a registered trademark in all jurisdictions
- We reserve any common-law or unregistered trademark rights to the name "Fire Blanket Inc." or other marks used in commerce as permitted by law
Limited License
- We grant you a limited, revocable, non-exclusive license to access the Site for personal, non-commercial use
- You may not modify, sell, or exploit any portion of the Site or its content without express permission
User Content
- If you post reviews or comments, you grant us a non-exclusive, worldwide license to use that content for business purposes
- We reserve the right to remove or edit any user-posted content at our discretion
6. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fire Blanket Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your misuse of our Products
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party right (e.g., intellectual property)
This obligation survives the termination of these Terms and your use of the Site or Products.
7. Disclaimer of Warranties
AS IS / AS AVAILABLE
We provide the Site and Products on an "AS IS" and "AS AVAILABLE" basis, without any warranties, except as explicitly stated in writing.
No Implied Warranties
To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Accuracy or Availability
We do not warrant that the Site will be error-free, uninterrupted, or secure, or that the Products will meet your expectations.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties, so the above may not fully apply to you.
8. Limitation of Liability
No Liability for Certain Damages
To the maximum extent permitted by law, Fire Blanket Inc. (including subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns) will not be liable for any indirect, incidental, special, consequential, or punitive damages (including personal injury, property damage, lost profits, lost data, or business interruption) arising out of or related to your use of the Site or Products.
Scope of Liability
- We are not liable for injuries or damages resulting from misuse, alteration, or improper maintenance of the Product
- We are not liable if the Product does not extinguish a specific fire scenario or fails when used contrary to instructions
Cap on Liability
If, despite these disclaimers, Fire Blanket Inc. is found liable, our total liability to you will not exceed the amount you paid for the Product in question or one hundred U.S. dollars (USD $100), whichever is greater.
No Exclusion for Death or Personal Injury Where Prohibited
We do not exclude liability for death or personal injury resulting from our own negligence to the extent such exclusion is prohibited by law.
9. Third-Party Links
The Site may contain links to third-party websites or resources. We are not responsible for the content, products, services, or practices of any third-party site. You access third-party sites at your own risk, and any concerns regarding such sites should be directed to the site's administrator.
10. Force Majeure
Fire Blanket Inc. is not liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, and failures or delays of carriers or communication systems.
11. Dispute Resolution (Arbitration and Class Action Waiver)
Agreement to Arbitrate
Except where prohibited by law, any dispute relating to these Terms or your use of our Site or Products will be resolved by binding arbitration on an individual basis. You waive your right to a jury trial.
Class Action Waiver
Disputes must be brought only in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
Arbitration Procedure
- Arbitration will be administered by a reputable arbitration provider (such as the AAA), following its rules
- Venue for arbitration is Cheyenne, Wyoming, unless otherwise required by law
Costs of Arbitration
Each party pays its own attorneys' fees; administrative costs are split unless the law requires otherwise.
Exceptions
- You or we may bring claims in small claims court if they qualify
- We may seek injunctive relief for intellectual property matters in a court of competent jurisdiction
Opt-Out
You have 30 days from the date you first agree to these Terms to opt out of arbitration by emailing legal@fireblanket.com.
Severability of Arbitration Terms
If the class action waiver is deemed unenforceable, the entire arbitration provision is void, and disputes proceed in court.
12. Changes to Terms and Conditions
We may update these Terms at any time by posting a revised version on the Site and updating the "Effective Date." Material changes may also be communicated to you by email (if you have provided us one), but we are not obligated to do so. By continuing to use the Site or purchase our Products after changes are posted, you agree to the revised Terms. If you do not agree, you must stop using the Site and our Products.
13. Governing Law and Venue
These Terms and any separate agreements for purchase or use of our Products are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Subject to the Arbitration clause above, any non-arbitrable legal action must be brought exclusively in state or federal courts located in Cheyenne, Wyoming. You consent to such jurisdiction and venue.
14. Miscellaneous Provisions
Severability
If any part of these Terms is found invalid or unenforceable, that portion will be limited or severed, and the remainder will remain in effect.
No Waiver
Our failure to enforce any right or provision does not constitute a waiver.
Entire Agreement
These Terms, along with the referenced policies, represent the entire agreement between you and Fire Blanket Inc. regarding your use of the Site and purchase of Products.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our written permission. We may assign our rights and obligations to an affiliate, subsidiary, or successor entity without restriction.
Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, or agency relationship.
Headings
Section headings are for convenience only and do not affect interpretation.
Electronic Communications
By using our Site or making purchases, you consent to receive electronic communications from us, satisfying any legal requirement for such communications to be in writing.
15. Contact Information
Fire Blanket Inc.2232 Dell Range Blvd, Cheyenne, WY 82009, USA
Email: legal@fireblanket.com (legal inquiries) or info@fireblanket.com (general inquiries)
Phone: (888) 897-8805
If you have any questions or concerns about these Terms, our policies, or our Products, please contact us. We value transparency and customer satisfaction.
By accessing fireblanket.com or purchasing our Products, you acknowledge and agree to these Terms & Conditions. If you do not agree, please discontinue use of the Site.
Thank you for choosing Fire Blanket Inc. to help you stay prepared and safe.