Terms of Service Agreement

Welcome to fortecolchoes.com (hereinafter referred to as the "We","Us" or"Our"), an online retail platform operated and managed by our organization. By accessing, browsing, or otherwise utilizing our website located at fortecolchoes.com (the "Site") and any associated services, features, content, applications, or products offered through the Site (collectively, the "Services"), you expressly acknowledge that you have read, understood, and irrevocably agree to be bound by and comply with all the terms, conditions, policies, and notices contained or referenced herein (the "Terms of Service" or "Agreement"). These Terms of Service constitute a legally binding, enforceable agreement between you (referred to herein as "you," "your," or "User") and our company (referred to herein as "we," "us," "our," or "fortecolchoes.com"), which comprehensively governs your access to and use of our Site and Services. If you do not fully and unconditionally agree to each and every provision of these Terms of Service, you are strictly prohibited from accessing or using our Site or any of our Services.

These Terms of Service apply universally to all visitors, users, customers, and any other individuals or entities who access or use our Site, including, without limitation, browsers, shoppers, account holders, content contributors, vendors, merchants, and agents. Your mere access to or use of our Site constitutes your explicit acceptance of these terms and your binding agreement to comply with them in their entirety. Our company expressly reserves the right, at our sole and absolute discretion, to modify, amend, update, or replace these Terms of Service, in whole or in part, at any time and for any reason, without prior notice. Your continued access to or use of the Site following the posting of any such modifications by our company constitutes your conclusive acceptance of and agreement to be bound by the modified Terms of Service. It is your sole responsibility to periodically review this page to stay informed of any changes made by our organization.

Website Usage Guidelines, Acceptable Use, and Restrictions

You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use our Site and Services strictly for personal, non-commercial purposes in accordance with these Terms of Service and all applicable laws, rules, and regulations. You agree not to use, or encourage or assist others to use, the Site or Services in any manner that: (i) violates any applicable local, state, national, or international law, statute, ordinance, rule, or regulation; (ii) infringes upon, violates, or misappropriates the intellectual property rights, privacy rights, publicity rights, or other legal rights of our company or any third party; (iii) is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, profane, threatening, harassing, hateful, or otherwise objectionable; or (iv) could damage, disable, overburden, impair, or otherwise interfere with the proper functioning, security, integrity, or performance of the Site or Services, or interfere with any other party's use and enjoyment of the Site or Services.

Permitted and Intended Uses of the Site

You may use our Site for its intended purposes, which include, but are not limited to: browsing our product catalog and descriptions; researching product specifications and features; creating and managing a personal user account; placing orders for products offered for sale by our company; contacting our customer service department for support; reading informational content, such as blog posts or buying guides; and engaging in other activities that are expressly permitted on the Site and consistent with its function as an e-commerce retail platform. We encourage all users to engage with our Site responsibly, ethically, and in a manner that respects both the platform and other users, thereby contributing to a positive and secure online shopping environment for everyone.

Prohibited Activities, Conduct, and Behaviors

The following list, while not exhaustive, details activities that are expressly prohibited by our company. Engaging in any of these activities may result in the immediate termination of your access to the Site and Services, forfeiture of any pending orders or account credits, and may subject you to civil and/or criminal liability. You agree NOT to:

• Unauthorized Access and System Intrusion: Attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the Services offered on or through the Site, by hacking, password "mining," or any other illegitimate means. This includes testing the vulnerability of our systems or breaching any security or authentication measures established by our company.
• Malicious Code and Disruptive Software: Introduce or transmit any viruses, worms, Trojan horses, time bombs, cancelbots, corrupted files, ransomware, spyware, adware, or any other computer code, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment belonging to our company, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
• Data Harvesting, Scraping, and Unauthorized Collection: Use any robot, spider, scraper, crawler, or other automated means or interface not provided by our company to access the Site, extract data, or systematically retrieve data or other content from the Site for any purpose, including but not limited to creating or compiling a collection, compilation, database, or directory, without our prior express written permission.
• Automated Purchasing and Bots: Utilize any automated system, software, bot, script, or other device or process to simulate human activity on the Site, including for the purpose of purchasing products (especially high-demand or limited-quantity items), creating multiple accounts, or manipulating any aspect of the shopping experience provided by our company, such as product ratings, reviews, or inventory displays.
• Impersonation and Identity Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including creating a false identity, using a pseudonym to deceive, or otherwise providing false, inaccurate, or misleading information in connection with your account, orders, or communications with our company.
• Service Interference and Network Abuse: Engage in any activity that disrupts, interferes with, or burdens the Site's infrastructure, servers, or networks, or the networks or services of our providers, including but not limited to transmitting spam, chain letters, or other unsolicited communications; initiating or participating in a denial-of-service attack; or flooding the Site with requests.
• Illegal and Fraudulent Activities: Use the Site or Services for any unlawful, fraudulent, or malicious purpose, including, but not limited to, money laundering, financing of terrorism, sale of stolen goods, credit card fraud, identity theft, or any activity that violates export control laws, sanctions, or other applicable regulations.
• Intellectual Property Violations: Copy, reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, create derivative works from, or otherwise exploit any content from the Site (including product descriptions, images, and software) without our prior express written authorization.

Product Information, Descriptions, and Pricing

Our company endeavors to present accurate, detailed, and up-to-date information regarding the products we offer for sale, including product descriptions, specifications, images, availability, and pricing. However, we do not warrant or guarantee that all product information on the Site is entirely accurate, complete, reliable, current, or entirely free from errors or omissions. Product images are provided for illustrative and informational purposes only. While our company strives for photographic accuracy, the actual color, texture, size, and appearance of a product you receive may vary slightly from its representation on the Site due to photographic lighting, monitor display settings, and manufacturing variations. It is the customer's responsibility to verify any critical product specifications before making a purchasing decision.

Product Description Accuracy and Disclaimer

Product descriptions, specifications, and technical details are compiled based on information provided to our company by manufacturers, distributors, and suppliers. While we make commercially reasonable efforts to verify this information and ensure its accuracy, we cannot and do not guarantee that every detail is perfectly accurate or that it reflects the most recent manufacturer revisions. Product features, components, packaging, and compatibility may change without notice from the manufacturer. We strongly recommend that you carefully review all available product information, consult manufacturer websites if necessary, and contact our customer service team with any specific questions before finalizing your purchase. Our company is not liable for any inaccuracies in product descriptions that originate from manufacturer-provided information.

Pricing Information, Errors, and Correction Rights

Our company exercises great care in listing correct prices for all products. Despite our efforts, pricing errors may occasionally occur. We expressly reserve the right, at our sole discretion, to correct any pricing errors, inaccuracies, or omissions (including incorrect pricing resulting from typographical, photographic, or technical errors) and to change or update information (including product prices) at any time without prior notice, even after an order has been submitted. In the event a product is listed on the Site at an incorrect price due to an error, our company reserves the right, at our sole discretion, to refuse or cancel any orders placed for that product at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for a purchase that is subsequently canceled due to a pricing error, our company will issue a credit to your payment method in the amount of the incorrect price. We may, at our discretion and as a gesture of goodwill, choose to honor an incorrect price for a limited number of customers, but this is not an obligation.

Product Availability, Stock Levels, and Order Limitations

All products offered on the Site by our company are subject to availability. We cannot guarantee that items displayed as "in stock" will be available at the time your order is processed, as inventory levels can change rapidly due to concurrent purchases. Our company reserves the right, without prior notice, to: (i) limit the quantity of any item(s) that may be purchased per person, per household, or per order; (ii) discontinue the sale of any product; and (iii) refuse service to anyone for any reason at any time. If a product you ordered becomes unavailable after your order is placed but before it ships, our team will notify you promptly via email and provide you with options, which may include canceling the unavailable item(s) from your order (with a corresponding refund), waiting for a restock (if anticipated), or selecting a suitable alternative product. Our company is not liable for any loss or damage arising from a product's unavailability.

Order Processing, Acceptance, and Payment Terms

When you place an order through our Site by clicking the "Place Order" or equivalent button, you are making a formal offer to purchase the selected product(s) at the prices, terms, and conditions stated on the Site at that moment. Placing an item in your shopping cart does not reserve that item or its price. Our company reserves the right, at our sole discretion, to accept or reject any order for any lawful reason, including, but not limited to: product unavailability, errors in product or pricing information, suspected fraudulent activity, inability to authorize your payment, failure to meet order qualification requirements (e.g., quantity limits), shipping restrictions to your address, or any other reason we deem appropriate.

Order Acceptance, Confirmation, and Contract Formation

Your receipt of an automatic order confirmation email after submitting your order merely acknowledges that our company has received your order request; it does not constitute our acceptance of your offer to purchase. A contract for the sale of goods between you and our company is formed only when we: (i) formally accept your order by processing your payment authorization and subsequently (ii) initiate the shipment of the product(s) to you (or, for digital products, provide you with access). Our company may send you a separate "Shipment Confirmation" email when your order ships, which serves as our acceptance. We reserve the right to decline your order or cancel any accepted order before shipment for the reasons stated above. If our company rejects your order after your payment has been authorized, we will void the authorization or issue a full refund promptly.

Payment Terms, Methods, and Customer Responsibilities

All product prices listed on the Site by our company are displayed in U.S. Dollars (USD) unless otherwise specified and are exclusive of applicable sales tax, VAT, GST, customs duties, and shipping charges, which will be added to your total as calculated during checkout. You are solely responsible for providing accurate, current, and complete payment information at the time of purchase. By submitting your order and payment information, you represent and warrant that: (i) you are legally authorized to use the chosen payment method, and (ii) the payment information you provide is true, accurate, and complete. Our company accepts payments through various secure methods as detailed in our separate Payment Policy, including but not limited to major credit/debit cards (Visa, Mastercard, American Express, Discover) and PayPal. All payment transactions are encrypted and processed by PCI-DSS compliant third-party payment processors; our company does not store your full credit card details on our servers.

Payment Authorization, Security, and Fraud Prevention

By providing your payment information, you expressly authorize our company (or our designated payment processor) to charge the full amount of your order (including all applicable taxes and fees) to your chosen payment method. For certain payment methods, the issuer may charge you certain fees, such as foreign transaction fees. Check with your payment method service provider for details. Our company employs industry-standard technical and administrative security measures designed to protect the security of any personal and payment information we process. However, please be aware that no method of electronic transmission or storage is 100% secure. Our team implements rigorous fraud screening protocols and may request additional verification information (such as a copy of your photo ID or a utility bill) before processing an order if our systems flag it for potential fraud. Orders suspected of being fraudulent may be canceled by our company, and we may report suspicious activity to relevant authorities.

Intellectual Property Rights and Content Ownership

The Site, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, graphics, logos, button icons, digital downloads, data compilations, page layout, design, selection, and arrangement thereof) are owned by our company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on this Site is the exclusive property of our company.

Copyright Protection and Restrictions

The Site and all content therein are © fortecolchoes.com or its content suppliers, with all rights reserved. Except as expressly provided in these Terms of Service, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may use the Site and its content only for your personal, non-commercial use. Any unauthorized use terminates the permission or license granted by our company and may violate copyright, trademark, and other laws.

Trademark Rights and Prohibited Use

The fortecolchoes.com name, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of our company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Reference on the Site to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by our company.

Limited, Revocable License for Site Access

Subject to your compliance with these Terms of Service, our company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and make personal, non-commercial use of the Site. This license does not include, and you expressly agree NOT to: (i) any resale or commercial use of the Site or its content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the permissions granted herein. Our company may revoke this license at any time for any or no reason, with or without notice.

User Account Creation, Responsibilities, and Security

To access certain features of the Site, such as saving your shopping cart, viewing order history, or writing product reviews, you may be required to register for and maintain an active personal user account ("Account"). You are solely and entirely responsible for all activities that occur under your Account and for maintaining the confidentiality and security of your Account credentials (username and password). You agree to accept responsibility for all activities, charges, and damages that occur under your Account, whether authorized by you or not.

Account Creation Requirements and Eligibility

To create an Account, you must provide accurate, current, and complete information during the registration process and keep your Account profile information updated at all times. You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to create an Account. By creating an Account, you represent and warrant that you meet this age requirement. You may not create an Account for anyone other than yourself without permission, nor create an Account using a false identity or information, or on behalf of someone other than yourself. Providing false, inaccurate, or incomplete information is a material breach of these Terms of Service and may result in immediate termination of your Account by our company.

Account Security Obligations and Best Practices

You are solely responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. Our company encourages you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Account. You agree to:

• Create and use a unique, strong password that is not used for any other online service.
• Maintain the absolute confidentiality of your password and not disclose it to any third party.
• Immediately notify our company of any unauthorized use of your password or Account, or any other breach of security, by emailing support@fortecolchoes.com.
• Ensure that you fully log out from your Account at the end of each session when accessing the Site from a shared or public computer.
• Accept full and sole responsibility for any and all activities, communications, and transactions that occur through the use of your Account credentials, whether authorized by you or not.
• Periodically change your password and monitor your Account for suspicious activity.

Account Suspension, Termination, and User Remedies

Our company reserves the unrestricted right to suspend, disable, or terminate your Account, or to refuse any and all current or future use of the Site (or any portion thereof), at any time, for any reason or no reason, with or without notice to you. Grounds for such action by our company include, but are not limited to: (a) violation of these Terms of Service; (b) fraudulent, abusive, or otherwise illegal activity; (c) behavior that is harmful to other users, our company, or our partners; or (d) technical or security issues. You may terminate your Account at any time by contacting our customer service or using account closure tools if available on the Site. Upon any termination, your right to use the Site will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability, Warranties, and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR COMPANY fortecolchoes.com, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OUR COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Specific Monetary Limitation of Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR COMPANY fortecolchoes.com AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO OUR COMPANY, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT OUR COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Warranty Disclaimers and "As Is" Provision

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY OUR COMPANY fortecolchoes.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OUR COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification Obligations and Defense

You agree to defend, indemnify, and hold harmless our company fortecolchoes.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to: (i) your User Contributions (if any); (ii) your use of the Site's content, services, and products other than as expressly authorized in these Terms of Service; (iii) your use of any information obtained from the Site; or (iv) your violation of any rights of a third party, including but not limited to intellectual property, privacy, or publicity rights.

This indemnification obligation will survive the termination of your Account, these Terms of Service, and your use of the Site. You agree to cooperate as fully as reasonably required in the defense of any such claim. Our company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any indemnified claim without our prior written consent, which shall not be unreasonably withheld.

Termination of Access, Services, and Account Closure

Our company may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms of Service. This right to terminate is in addition to any other rights and remedies available to our company at law or in equity. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Site will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Site or contact our company to request account deletion. Our company may retain certain information associated with your Account for analytical purposes, record-keeping, and as required by law, as detailed in our Privacy Policy. Termination of your Account or access does not relieve you of any obligations arising prior to termination, including payment obligations for orders placed and accepted before termination. Our company is not obligated to provide refunds or compensation upon termination unless specifically required by applicable consumer protection laws.

Governing Law, Jurisdiction, and Dispute Resolution

Mandatory Arbitration and Class Action Waiver

You acknowledge and agree that you and our company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and our company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

Informal Resolution First: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. After receipt of the Notice, you and our company will attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date the Notice is received. If the Dispute is not resolved within sixty (60) days after the Notice is received, you or our company may commence an arbitration proceeding.

Modifications, Updates, and Amendments to Terms of Service

Our company reserves the right, at our sole discretion, to modify, update, or replace these Terms of Service at any time. If a revision is material, as determined solely by our company, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our reasonable discretion, but generally includes changes that affect your rights or obligations. Our company may provide notice of changes by: (i) posting the revised Terms on the Site with a new "Last Updated" date; (ii) sending you an email to the address associated with your Account; or (iii) displaying a prominent notice on the Site.

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Site and may cancel any pending orders in accordance with our Return Policy. It is your responsibility to check this page periodically for changes made by our company. Your continued use of the Site following the posting of changes constitutes acceptance of those changes. No amendment or modification to these Terms will be binding unless in writing and signed by our duly authorized representative, or posted by our company to the Site as described herein.

Contact Information for Terms and Legal Inquiries

If you have any questions, concerns, or require clarification regarding these Terms of Service, or if you need to serve our company with legal process, please contact us using the information provided below. We are committed to transparency and addressing legitimate inquiries regarding our legal terms and policies.

• For Customer Support: support@fortecolchoes.com

When contacting our company regarding these Terms, please include your full name, contact information, and a detailed description of your question, concern, or the specific section of the Terms you wish to discuss. This will enable our team to provide a more focused and timely response. Please allow a reasonable time for our company to review and respond to your inquiry. Our team is dedicated to providing clear, professional, and helpful assistance to help you understand your rights and obligations under these Terms of Service.