Updated: 2024-02-26

Conditions of Use

These Terms and Conditions (“Terms,” “Terms and Conditions,” “Conditions of Use”) govern your relationship with https://www.ferndalesafety.com website (the “Service”) operated by Ferndale Safety (“us,” “we,” “our,” or “ours”).

By purchasing or using our Products or Services made available through the Service (“Purchase”), you (“you,” “your,” or “User”) agree to these Terms. It is important to read and understand these Terms before using our Products or the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the terms, you may not access the Service or purchase our Products.

Privacy

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Purchases

You may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to provide the information to third parties to facilitate the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Hot Work Restrictions

Definition of Hot Work

“Hot Work” refers to any operation involving open flames or generating heat and/or sparks. Hot work includes but is not limited to, welding, cutting, soldering, brazing, grinding, and the use of open-flame devices.

Prohibited Use

Our products are designed to provide safety in various industrial and manufacturing environments. However, they are not intended for “Hot Work” activities. Using our products in these contexts poses a significant fire hazard and is strictly prohibited.

The User is further cautioned that improper use of the Product, including but not limited to its use in connection with “Hot Work,” may pose a fire hazard. The User must ensure that the Product is operated in a manner that does not expose it to sources of ignition or heat that could lead to a fire. The User must comply with all applicable local, state, national, and international fire safety codes and regulations when using the Product.

Limitation of Liability

The User acknowledges that the Products are not designed, tested, or intended for use in “Hot Work” environments and that such use may result in failure of the Products to prevent injury, damage, or other losses. Therefore, Ferndale Safety will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from or connected to using Products in “Hot Work” environments. This includes liability for any fire-related incidents arising from improper use.

Indemnification

The User agrees to indemnify, defend, and hold harmless Ferndale Safety and its officers, directors, employees, agents, affiliates, 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 the User’s violation of these Terms or use of the Products in “Hot Work” environments.

Compliance with Laws

The User agrees to use the Products in compliance with all applicable laws, regulations, and standards. The User acknowledges that using the Products in “Hot Work” environments may violate local, state, or federal laws and regulations and agrees to bear all responsibility for such violations.

Warranty Disclaimer

Using the Products in “Hot Work” environments voids any warranty, express or implied, provided by [Company Name]. The User assumes all risks and liabilities arising from such use, including, but not limited to, the risk of injury, damage, or property loss.

User Responsibilities

Users must follow all provided safety instructions when using our products. This includes avoiding any prohibited activities such as hot work.

Safe Work Zone Requirements

Definition of Safe Work Zone

The “Safe Work Zone” refers to the area directly in front of our safety shields, designated for operator use. This zone is specifically designed to offer protection from potential hazards during the operation of machinery shielded by our Product.

Compliance and Usage

a. Mandatory Positioning: All operators must position themselves within the Safe Work Zone at all times while using our Products. This positioning is imperative for the operator’s safety and the effectiveness of the Product. Standing outside the Safe Work Zone, especially to the side of the Product, is strictly prohibited and significantly increases the risk of injury.

b. Violation of Terms: Failure to comply with the Safe Work Zone requirements constitutes a violation of these Terms. Such non-compliance will be considered a breach of agreement, rendering the operator solely responsible for any resulting injuries or damages. Ferndale Safety shall not be liable for any injuries or damages incurred as a result of the operator’s failure to comply with the Safe Work Zone requirements.

Ensuring Safety and Effectiveness

Adherence to the Safe Work Zone is vital for:

  • Maximizing the protective effectiveness of Ferndale Safety Shields.
  • Minimizing the risk of injury to operators and bystanders.

The safety features of our Product are optimized for operators within the Safe Work Zone. Any deviation from this prescribed positioning significantly compromises the Product’s safety performance.

Limitation of Liability

Ferndale Safety shall not be held liable for any injuries, damages, or losses resulting from:

  • Non-compliance with the Safe Work Zone requirements.
  • Improper use of the safety shields.
  • Operation of the safety shields outside the intended use or beyond the Product’s capabilities as specified by Ferndale Safety.

Acknowledgment of Safety Guidelines

By using the Product, the Operator acknowledges they have read, understood, and agreed to comply with these terms and conditions and accept the importance of this provision for their safety. The Operator’s adherence to these guidelines is essential for the effective and safe operation of the products.

Electronic Communications

When you visit us or send e-mails, you communicate with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ferndale Safety or its content suppliers and protected by international copyright laws. The compilation of all content on this site is our exclusive property, with copyright authorship for this collection by Ferndale Safety and protected by international copyright laws.

Trademarks

Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Ferndale Safety or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ferndale Safety or its subsidiaries.

License and site access

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it except with our express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ferndale Safety and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ferndale Safety’s name or trademarks without the express written consent of Ferndale Safety. Any unauthorized use terminates the permission or license granted by Ferndale Safety. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ferndale Safety so long as the link does not portray Ferndale Safety, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Without express written permission, you may not use any Ferndale Safety logo or other proprietary graphic or trademark as part of the link.

Your membership account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password. If you are under 18, you may use our website only with the involvement of a parent or guardian. Ferndale Safety and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Reviews, comments, emails and other content

Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the card’s origin or other content. We reserve the right (but not the obligation) to remove or edit such content but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensee right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our associates and sublicensees the right to use the name that you submit about such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content you post that the content is accurate, and that the use of the content you supply does not violate this policy. It will not cause injury to any person or entity, and you will indemnify Ferndale Safety or its associates for all claims resulting from the content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content you or any third party posted.

Risk of loss

All items purchased from Ferndale Safety are made pursuant to a shipment contract. This means the risk of loss and title for such items will pass to you upon our delivery to the carrier.

Product descriptions

Ferndale Safety and its associates attempt to be as accurate as possible. However, Ferndale Safety does not warrant that this site’s product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered by Ferndale Safety itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FERNDALE SAFETY ON AN “AS IS” AND “AS AVAILABLE” BASIS. FERNDALE SAFETY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FERNDALE SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. FERNDALE SAFETY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM FERNDALE SAFETY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FERNDALE SAFETY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable law

These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our company operates, without regard to principles of conflict of laws, which will govern these Conditions of Use and any dispute of any sort that might arise between you and Ferndale Safety or its associates.

Disputes

Any dispute relating in any way to your visit to our website or to products you purchase through us shall be submitted to confidential arbitration in Quebec, Canada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek an injunction or other appropriate relief in any state or federal court in the province of Quebec, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Fully permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site policies, modification, and severability

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to our website. We reserve the right to change our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: [email protected]