These Terms of Use govern your use of our website. Please read these Terms of Use carefully before using our website. By using our website, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use our website.

Intellectual Property Notice

Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of our website (collectively "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Ferndell. Our website as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to such copyright and trade dress are owned by or licensed to Ferndell. All Ferndell trademarks appearing on our website are registered or common law trademarks owned by or licensed to Ferndell. You may download, print and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website or tr ansmit the Content in any media whatsoever; 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 Content is transferred to you as a result of any such downloading. Ferndell or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from our website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content on our website.


We welcome your comments. However, by sending us any comments, feedback, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively "Comments"), whether oral or written, you hereby grant to Ferndell a non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Ferndell has no duties to you, with respect to such Comments.


Our website may contain links to third party websites or Internet resources that are not owned or controlled by Ferndell. Ferndells provision of a link to any other website or Internet resource is for your convenience only and does not signify Ferndells endorsement of such other website or resource or its contents. Ferndell shall have no responsibility or liability for any content, information, software, materials or practices of any third party website or internet resource.

Product Information

Most products displayed on our website may be available at other retailers . In some cases, merchandise displayed for sale on our website may not be available at other retailers. The prices displayed on our website are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. When Ferndell is sold through third-parties, prices may differ and may carry markdowns or markups.


Our website and all content available on our website are provided on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by your use of our website, that your use of our website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that Ferndell shall not be liable for any damages of any kind related to your use of our website.

Inaccuracy Disclaimer

Ferndell strives for its website and other materials to be accurate. However, from time to time, there may be information on our website or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Ferndell reserves 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), which may include canceling orders. No advertisement or product listing is a binding offer of sale. No order is final until shipped and Ferndell may cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor's display of any color will be accurate.

Limitation of Liability

You understand that to the extent permitted under applicable law, in no event will Ferndell or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of our website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Ferndell may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Ferndells liability shall be the minimum permitted under such applicable law.


You agree to defend, indemnify and hold harmless Ferndell's and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur arising from or relating to your (or anyone using your account's) use of our website or any violation of these Terms of Use.


Please read our Privacy Policy.


These Terms of Use shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms of Use, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Ferndell with respect to the subject matter hereof, and govern your use of our website, superseding any prior agreements or negotiations between you and Ferndell with respect to the subject matter hereof. To the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion. The failure of Ferndell to exercise or enfor ce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

Terms of Use Changes

We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page [and the link to this page from our homepage] periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms of Use. The new Terms of Use will apply to all current and past users of our website and will replace any prior Terms of Use that are inconsistent.

Effective Date: September 1, 2013