TERMS OF USE & SERVICE
ACCEPTANCE OF TERMS OF USE
These Terms of Use govern your use of the L.I. Firewood Web site. By using, visiting, or browsing this Web site, you accept and agree to be bound by these Terms of Use. These Terms of Use affect your rights and you should read them carefully.
ORDERS MAY ONLY BE PLACED BY U.S. RESIDENTS AT LEAST 18 YEARS OF AGE
The use of the L.I. Firewood online shopping cart and secure checkout is open to U.S. Residents at least 18 years of age. L.I. Firewood is not responsible for purchases made by persons under the age of 18 or purchases made by non-U.S. residents.
DELIVERIES
L.I. Firewood provides firewood delivery service and charges calculated delivery fees. L.I. Firewood reserves the right to levy additional delivery charges, cancel deliveries, reschedule delivery dates & times due to inclement weather, misleading customer information, dangerous driver conditions, traffic conditions, or other unforeseen hazards or liabilities. The independent drivers contracted by L.I. Firewood provide a service to both L.I. Firewood and the customer. All deliveries and associated liabilities are the sole responsibility of each individual driver and by agreeing to the aforementioned you release L.I. Firewood from any liability, compensation, prosecution, or litigation arising from delivery of L.I. Firewood products.
In the event an L.I. Firewood delivery truck arrives on site and is unable to complete your firewood delivery due limited site access, unsafe conditions, or other circumstances beyond driver control you will be responsible to reschedule the delivery and incur an additional duplicate delivery charge.
STACKING SERVICES
L.I. Firewood and its independent drivers provide stacking services for your firewood delivery. The quoted online fees are subject to our Terms of Stacking Agreement. By agreeing to the Terms of Stacking the purchaser has opted to have their firewood stacked at the minimum charge quoted. L.I. Firewood reserves the right to levy additional stacking fees, reschedule stacking and/or refuse stacking of any delivery that violates our Terms of Stacking Agreement.
PALLET & CONTAINER DEPOSITS
L.I. Firewood provides wooden pallets, poly nursery containers, woven poly bags and other packaging to insure the proper delivery of your firewood order. The packaging may not be included in the purchase price of your product and may require a deposit to retain the packaging at your residence. As of 10/01/09 all loose 1/8 or 1/4 or 1/2 cord quantity firewood transported on pallets will require a $5 deposit per pallet. All poly nursery containers used for kindling deliveries also require a $5 deposit. The deposit is payable in cash to the driver and is refundable upon return of the packaging in its original condition.
ORDER CANCELLATIONS & CHANGES
Your online purchase is a binding legal contract. L.I. Firewood is obligated to insure the delivery of your purchased products as shown on your check out receipt. Any substitutions, additions, deletions or other changes in your order will incur additional charges. THERE IS A MINIMUM 10% RESTOCKING CHARGE FOR ALL RETURNED OR UNDELIVERED ITEMS. Returned items must be fully intact in the original packaging and be accompanied by the certification tag. L.I. Firewood will not issue full (90%) refund for any item returned after 7 days.
L.I. Firewood charges minimum of 10% for any canceled orders to cover accounting fees, merchant fees and other associated costs incurred. All refunds are made via company check within 14 business days of cancellation. We do not cancel orders through credit cards. All credit card cancellations are at the buyers discretion will be subject to further fees incurred by L.I. Firewood due to the credit card reversal.
PRIVACY AND PERSONAL INFORMATION
L.I. Firewood is committed to protecting the privacy of the personal information you provide us on our Web site. Any information submitted on the L.I. Firewood Web site is submitted over our secure encrypted 256-Bit connection. Your personal and financial information is never shared with anyone and is used solely for L.I. Firewood transactions.
WEBSITE ACCESS
L.I. Firewood hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without L.I. Firewood's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
The content on the L.I. Firewood Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by L.I. Firewood, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. L.I. Firewood reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
GENERAL
You agree that: (i) the L.I. Firewood Website shall be deemed solely based in New York; and (ii) the L.I. Firewood Website shall be deemed a passive website that does not give rise to personal jurisdiction over L.I. Firewood, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and L.I. Firewood that arises in whole or in part from the L.I. Firewood Website shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, New York. These Terms of Service, together with the L.I. Firewood Website Privacy Notice and any other legal notices published by L.I. Firewood on the Website, shall constitute the entire agreement between you and L.I. Firewood concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by L.I. Firewood to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. L.I. Firewood reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the L.I. Firewood Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND L.I. Firewood AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE L.I. Firewood WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.