FINGERHUT.COM
Terms of Use
This website is operated by Fingerhut.
The mailing address for Fingerhut is 6509 Flying Cloud Drive, Eden Prairie, Minnesota
55344.
Your Use of This Website and Fingerhut Affiliated Websites is Governed by These Terms
of Use
Please take a few minutes to review these Terms of Use. Your use of this website
or other Fingerhut affiliated websites (collectively, the "Site") constitutes your
agreement to follow these Terms of Use and to be bound by them. If you do not want
to be bound by these Terms of Use, please do not use the Site.
These Terms of Use May Change
Fingerhut reserves the right to update or modify these Terms of Use at any time
without prior notice. Your use of this Site following any such change constitutes
your agreement to follow and be bound by the Terms of Use as changed. For this reason,
we encourage you to review these Terms of Use each time you use this Site.
Use of This Site
By using this Site and accepting these Terms of Use, you certify that you are 18
years of age or older. Anyone under the age of 18 should not use this Site unless
supervised by an adult who agrees to be bound by these Terms of Use and who agrees
to be fully responsible for use of this Site, including all financial charges and
legal liability that may be incurred.
All billing and registration information you provide on this Site must be truthful
and accurate. Providing any untruthful or inaccurate information on this Site may
constitute a breach of these Terms of Use. By confirming your purchases at the end
of the checkout process, you are agreeing to accept and pay for the items purchased.
Copyrights and Other Intellectual Property
All of the content you see and hear on the Site, including, for example, all text,
images, illustrations and graphics, is subject to copyright, trademark, service
mark and/or other intellectual property rights or licenses held by Fingerhut, one
of its affiliates, or by third parties who have licensed their materials to Fingerhut.
The entire content of this Site is copyrighted as a collective work under the copyright
laws of the United States and Fingerhut owns a copyright in the selection, coordination,
arrangement and enhancement of the content.
The content of this Site as a whole is intended solely for personal, noncommercial
use by the users of our Site. You may download, print and store selected portions
of the content, provided you (1) only use these copies of the content for your own
personal, non–commercial use, (2) do not copy or post the content on any network
computer or broadcast the content in any media, and (3) do not modify or alter the
content in any way, or delete or change any copyright or trademark notice. No right,
title or interest in any downloaded materials or software is transferred to you
as a result of any such downloading. Fingerhut reserves complete title and full
intellectual property rights in any content and/or software you download from this
Site.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,
transmit, transfer or create derivative works from the content without first obtaining
written permission from Fingerhut.
Unsolicited Idea Submissions
Fingerhut is always pleased to hear from members of the Fingerhut community and
welcomes your comments regarding Fingerhut’s products and services. However, it
is Fingerhut’s policy not to accept or consider ideas, suggestions, proposals or
materials other than those Fingerhut has specifically requested. We hope you will
understand that this policy is intended to help Fingerhut avoid future misunderstandings
when new products, services and features developed internally by Fingerhut employees
might be similar or even identical to an idea of yours.
If you send us an unsolicited suggestion, idea, proposal or other material (collectively,
the "Submission"), Fingerhut will consider the Submission to be non-confidential
and non-proprietary. Fingerhut shall have no obligations concerning the Submission,
contractual or otherwise (including but not limited to an obligation to keep the
Submission confidential), and shall not be liable for any use or disclosure of any
Submission. Fingerhut shall be entitled to unrestricted use of the Submission for
any purpose whatsoever, commercial or otherwise, without compensation to you.
If you send us, at our request, a comment or suggestion to improve this Site or
add a new category or feature (for example through our social media networks, customer
support web forms or otherwise) (collectively, the "Suggestion"), Fingerhut will
consider the Suggestion to be non-confidential and non-proprietary. Fingerhut shall
have no obligations concerning the Suggestion, contractual or otherwise (including
but not limited to an obligation to keep the Suggestion confidential), and shall
not be liable for any use or disclosure of any Suggestion. Fingerhut shall be entitled
to unrestricted use of the Suggestion for any purpose whatsoever, commercial or
otherwise, without compensation to you.
Security
You are prohibited from violating or attempting to violate the security of this
Site, including, without limitation, accessing data or logging onto a server or
account which you are not authorized to access; attempting to breach security or
authentication measures and attempting to interfere with service to any user, host
or network, including via means of introducing a virus to the Site, overloading
or flooding, spamming, mail bombing or crashing.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of this Site or any activity being conducted on
this Site. You agree further not to use or attempt to use any engine, software,
tool, agent or other device or mechanism to navigate or search this Site other than
the search engines and search agents available from Fingerhut.com on this Site and
other than generally available third party web browsers such as Internet Explorer,
Netscape Navigator, Safari, etc.
Violations of the security of this Site may result in civil or criminal liability.
Fingerhut may cooperate with law enforcement authorities in prosecuting users who
are involved in such violations.
Colors
We strive to display as accurately as possible the colors of the products shown
on this Site. However, because the colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of
Loss
The information on this Site may contain typographical errors or inaccuracies and
may not be complete or current. We therefore reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at any time without
prior notice (including after you have submitted your order). Please note that such
errors, inaccuracies or omissions may relate to product description, pricing and
availability. We also reserve the right to limit quantities (including after you
have submitted your order). We apologize for any inconvenience this may cause you.
If you are not fully satisfied with your purchase you may return it in accordance
with the terms of our Return Policy which is located
here.
The risk of loss and title to items purchased from Fingerhut.com pass to the purchaser
upon our delivery to the carrier.
DISCLAIMERS –– GENERAL
THE SITE IS OPERATED BY FINGERHUT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW. FINGERHUT, ITS AFFILIATES
AND PARTNERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO
THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, FINGERHUT, ITS AFFILIATES AND PARTNERS DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS
SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, FINGERHUT, ITS AFFILIATES AND PARTNERS DO NOT REPRESENT
OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL,
TIMELY OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, FINGERHUT, ITS AFFIILATES AND PARTNERS DISCLAIM
ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT
DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
FINGERHUT, ITS AFFILIATES AND PARTNERS DO NOT ENDORSE OR MAKE ANY WARRANTIES OR
REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD
OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT
ANY WEBSITE YOU MAY ACCESS THROUGH THIS SITE. LINKS TO OTHER WEBSITES ARE PROVIDED
FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS
OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
FINGERHUT, ITS AFFILIATES AND PARTNERS MAKE NO REPRESENTATIONS THAT CONTENT PROVIDED
ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED
STATES.
FINGERHUT, IT AFFILIATES AND PARTNERS ASSUME NO RISK OR RESPONSIBILITY FOR YOUR
USE OF ANY OF THE CONTENT PROVIDED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL FINGERHUT, ITS AFFILIATES OR PARTNERS, OR ANY OF THEIR
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT
OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES
OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FINGERHUT
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON
LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF FINGERHUT, ITS AFFILIATES AND PARTNERS UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100).
ENFORCEMENT OF TERMS OF USE
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE
IS SUBJECT TO THESE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND
INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
LAST UPDATED August 2009.
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