1. Acceptance of Terms
Craft + Main® Trade (“CMT”), a division of FGI Industries, Inc. (“FGI”), provides its websites accessible at www.craftandmaintrade.com, www.craftandmain.com, www.flushguardtoilets.com, and any other websites we may provide from time to time (individually and/or collectively, the "Site") to you subject to the following Terms and Conditions (“Terms”).
By accessing or using the Site and services in any way or by agreeing to provide submissions to CMT, you are agreeing to the Terms below as well as the Privacy Policy, as they may be updates and amended from time to time.
Should you object o any term or condition of the Terms or Privacy Policy, you may not access or use the Site, stop using this Site immediately, and should not provide any information to FGI and/or CMT.
Please read these Terms carefully as they contain important information affecting your rights
under these Terms.
These Terms constitute a legally binding agreement between you (the "User" or "You") and FGI.
You represent and warrant that you are authorized to bind the business or entity you represent, and that you are at least 18 years old.
FGI has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation, and prosecution.
2. Eligibility
Share information about your brand with your customers. Describe a product, make announcements, or welcome customers to your store.To use the Site and its services, you must be a business entity that is legally registered and authorized to engage in business within your jurisdiction. CMT services are available only to business customers, and not to individual consumers in the United States.
3. Account Registration
To access certain features of the Site, you must register for an account. During the registration process, you will be required to provide accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities under your account.
By registering for an account, you will need to register and create an account by selecting a password and providing your business name and other contact information including your business address and tax identification number (“Account”). Any information provided through the registration process is governed by our Privacy Policy.
You hereby represent and warrant that you will provide true and complete registration details. If we at CMT believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your Account.
Notwithstanding the above, CMT does not monitor and is not obligated to monitor the
registration details or your password security, you hereby acknowledge you are solely responsible to protect the confidentiality of your information and password and to ensure you
username and password are secure. If you use a username and password that CMT considers insecure, CMT may suggest it be changed, however, is not required to do so. You are responsible for all activities that occur under your Account. You agree to notify CMT immediately of any unauthorized use of your Account or any breach of security with respect to your Account including your password. CMT will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Account. CMT shall be entitled to monitor your Account and password and, at its discretion, require you to change your password. You are responsible to keep your device secured so that other will not be able to access your Account.
In addition to all other rights available to CMT including those set forth in these Terms, CMT reserves the right, in its sole discretion, to terminate your account, refuse service to you, or
cancel orders.
4. Use of the Site
The Site is intended for legitimate business purposes, including browsing, purchasing products, and engaging with CMT services. You agree not to misuse the Site or its services by:
a) Engaging in any activity that violates applicable local, state, federal, or international
laws;
b) Attempting to gain unauthorized access to the Site or its systems; and
c) Interfering with the functioning of the Site or disrupting other users' access.
In addition, you may not use any automated tools or methods to access the Site unless
expressly authorized by CMT.
5. License, Site Access, and Termination
FGI and/or CMT grants you a limited license to make use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial us of the Site or any Site Materials
(defined below); (b) modification, adaption, translation, reverse engineering, decompilation,
disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying performing, posting or transmitting any Site Materials (including FGI trademarks) in any form or by any means, including, but not limited to, electronic mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of FGI or any third party. You may not use any meta tags or any other “hidden text” utilizing FGI's name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.
6. Termination
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site, without notice and in its sole discretion. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
7. Wholesale Terms and Conditions
For wholesale customers, you agree to submitting all of the Terms provided within this agreement. In additional, as a wholesale customer of FGI and/or CMT, you agree to CMT Wholesale Terms and Conditions. These terms outline specific details regarding pricing, discounts, shipping, and payment terms for wholesale customers. A copy of the Wholesale
Terms and Conditions will be available on the Site and should be reviewed before making any purchase.
8. Product Information and Pricing
CMT takes reasonable efforts to ensure that the product information, pricing, and availability on the Site are accurate. However, CMT cannot guarantee that all information is free of errors, and reserves the right to correct any inaccuracies without prior notice. Prices and product availability may change without notice.
CMT reserves the right to refuse or cancel any order placed for products that contain
inaccuracies in pricing or availability, whether or not the order has been confirmed.
9. Payment Terms
CMT accepts payments via methods outlined on the Site, such as credit card, ACH, or other business payment options. Payment terms, including credit terms, are subject to Craft + Main® ’s discretion and may vary based on your business’s credit status and history.
You agree to provide accurate payment information and to ensure that sufficient funds are available for the payment of all fees and charges incurred by you.
10. Shipping and Delivery
Share information about your brand with your customers. Describe a product, make announcements, or welcome customers to your store.CMT will make reasonable efforts to fulfill orders in a timely manner. Shipping and delivery charges are the responsibility of the customer unless otherwise stated. Delivery times are estimates, and Craft + Main® Trade is not liable for any delays caused by shipping carriers or external factors.
International orders may be subject to additional customs fees, taxes, or import duties that are the responsibility of the purchaser.
11. Returns and Exchanges
All returns and exchanges must comply with CMT return policy. Products must be returned in
new, unused condition within the period specified on the Site. Some products may be non- returnable or subject to restocking fees.
To initiate a return or exchange, contact CMT customer support for instructions.
12. Intellectual Property
A. Ownership
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws.
B. Trademarks
FGI (and other trademarks owned by FGI), and their respective designs and/or logos are either trademarks or registered trademarks of FGI and may not be copied, imitated or used, in whole or in part, without the prior written permission of FGI. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of FGI and CMT, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FGI. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
C. Restrictions on Use
Except as stated in the Terms, none of the materials and intellectual property described in these Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of FGI or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of FGI, is strictly prohibited.
D. Copyright
To notify us of a suspected copyright infringement, write to us at:
FGI Industires, Inc.
Legal Department
906 Murray Rd.
East Hanover, NJ 07936
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others' copyrights may result in a loss of privileges.
13. Communication and Consent to Electronic Notices
You may communicate with CMT via postal mail, telephone, and our website. CMT may issue notices via various channels, including by sending email to an address you provide. You agree
that such notices shall have legal effect.
You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use CMT products or services.
Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, CMT will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, CMT reserves the right to
terminate your use of CMT products or services.
To receive, access, and retain the notices that CMT sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that CMT may send. You may update your contact information via the “Contact Us” page on the CMT Website.
14. Hyperlinks
A. Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Site, provided such link does not portray FGI and/or CMT or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any FGI trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page, or form contained on a page without FGI's express written consent. All other linking is prohibited without prior consent from FGI. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FGI or any third party.
B. Third Party Links
FGI and/or CMT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Site, or
websites linking to the Site.
15. Privacy Policy
FGI and CMT respects your privacy and is committed to protecting the personal information you provide. For more information, please refer to our Privacy Policy, which outlines how we collect, use, and protect your data.
By using the Site, you consent to the collection and use of your information as outlined in the
Privacy Policy.
16. Disclaimer
THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. FGI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FGI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FGI DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.
FURTHERMORE, THE SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED WITH THE UNDERSTANDING THAT ORDERS ARE NOT MADE PURSUANT TO ANY COVERED FEDERAL, STATE OR LOCAL GOVERNMENT CONTRACT THAT WOULD IMPOSE GOVERNMENT CONTRACTING OBLIGATIONS ON CMT BY NATURE OF THIS SALE. ANY ITEMS PROVIDED IN CONNECTION WITH THIS PURCHASE ARE NOT INTENDED FOR DISTRIBUTION OR RESALE TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference 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 FGI.
17. Limitation of Liability
FGI will not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Site, including but not limited to lost profits, data loss, or any other damages or losses arising out of the use of the Site or its services.
FGI total liability, whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the specific products or services in question.
18. Indemnification
You agree to indemnify and hold FGI and/or CMT harmless from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
19. Disputes and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and entirely to be performed within New Jersey, without resort to its conflict of law provisions. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to the Terms shall be filed and adjudicated only in the federal or state courts located in East Hanover, New Jersey, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.
20. Changes to Terms
FGI and/or CMT reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Site. By continuing to use the Site after any changes to the Terms, you agree to be bound by the updated terms.
21. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22. Waiver
Any failure by FGI to enforce any provision of these Terms will not be deemed a waiver of that provision.
23. Full Integration of Agreement
These Terms constitute the entire agreement between you and FGI regarding the use of the Site.
24. Contact Us
If at any time you need assistance or are experiencing difficulties using the Site, please contact Customer Service by email, adminstrator@craftandmaintrade.com or phone, (888) 620-3667; or write us at: FGI Industries, Inc., Customer Service, 906 Murray Rd., East Hanover, NJ 07936.