Legal

Privacy Policy

Why does FICARI collect visitor information?

FICARI Inc. (“FICARI” or “We” or “we”) gathers information with these objectives in mind: 

• Fulfill your orders accurately and quickly.
• Verify your identity for payment authorization and fraud screening.
• Contact you regarding order status changes.
• Ship your order to the correct address.
• Allow you to apply for financing.
• Learn how we can improve your shopping experience.
• Send you news and updates on FICARI products and offers (if requested).
• To help us meet our commitment to privacy. 

FICARI is committed to protecting our customer’s information. When placing an order through FICARI, we ensure your name and address are communicated privately and directly to the credit card or banking institution.  Lastly, an automated notification is provided to the third-party fulfillment center to deliver your order to your door. We do not provide your name and addresses for any other purpose, including for the use of selling it to mailing-list firms. 

 

Does FICARI’s website remember me automatically?

FICARI, like many websites uses a technology called "cookies " to remember you and the information you are saving. When you visit our website, we send you back a cookie, a small text file that includes a temporary inquiry number, your IP address, plus any items you've chosen. The information we store in cookies is also linked to any personally identifiable information you submit while on our site. Your web browser has a special folder on your computer where it keeps cookies. Cookies cannot harm your computer in any way. Only the website that places a cookie on your computer is allowed to read it; no other website may access cookies FICARI places on your computer.

If you are visiting FICARI from a computer that only you or your family use, cookies present no security concern. However, if you are using a shared computer in a public environment (i.e. a library or work), others using that computer to visit FICARI can log in as you. Although FICARI never displays your credit card information on our website, someone logging in as you could access less confidential data, such as your name or shipping address. If this applies to you, consider choosing not to be "remembered " when you register using a shared computer in a public environment. Instead, log in at each visit. Cookies make your shopping experience much easier. If you are trying to decide between two sofas, the cookie enables your computer to find those items again without doing a whole new search. Your browser looks in its cookie folder, finds your FICARI cookie and tells FICARI that you want to look at the same sofas again.

When you add an item to your Shopping Cart, request a price, or place an order, your cookie may hold information with the details of the items you're considering ordering.  If you don't want any information stored in a cookie, you can set your browser not to accept cookies, but remember that cookies make your purchases easy. They enable your computer to keep a list of items you're considering or to place them directly in your Shopping Cart (so you don't have to re-enter them manually).

 

What visitor information does the FICARI website keep track of?

Information tracked automatically is generic and doesn't include any personal details: 

• When you log onto the Internet, your computer says to your Internet service, "Here I am; talk to me! " by requesting an IP (Internet Protocol) address, sort of like asking for a seat at an electronic table with numbered seats. Your Internet service's computer responds by saying, "OK, for this session, you sit at #12. " Some providers assign you a permanent or "static " IP address, but most use temporary ones. This helps assure your privacy, because it's difficult - if not impossible - to collect personal information about you via a temporary address. 
• Our site keeps a general list of visitors' IP addresses. This gives us broad, generic information such as how many users log onto FICARI’s website and helps us maintain compatibility with many different services. 
• FICARI records browser types and versions so we can answer questions such as, "How many of our visitors were using Google Chrome last month? " This tells us what features our visitors can make use of and helps us keep our website up to date. 
• We record how many people visited each page on our site. This helps answer questions such as, "What items or pages are drawing a lot of interest this month? " 
• We may also record which site or search engine referred you to FICARI.

This information improves your purchasing experience: graphics are improved, pages load faster, and this site is compatible with a wider range of browsers and operating systems. Your shopping experience at FICARI is made easier by the information you provide when you register or place an order:

• At any point while you're browsing, you can place an item in your Shopping Cart. When you're done browsing, you can review your Shopping Cart. If you want to place an order, indicate the item(s) you wish to order and click the Proceed to Checkout button. Enter your delivery information, including name, address, and preferred contact time/method in case we need to get in touch with you about your order. 
• The next screen gives you a price quote for the item(s) you're ordering, including price and applicable sales tax. 
• The Purchase button then displays options for payment: You can enter credit card information here.

 

What does FICARI do with this information?

FICARI has a commitment to keep your information secure. The information you share with us is used to fulfill your order and to keep you up-to-date on the status of your order. After you place an order, we'll contact you with information about the order if required.

The financial institutions processing your payment may send us supplemental information if there is a problem in completing the transaction. This information is used only in processing your order(s) from this website. 

Information about your browser helps us improve the way our site appears on your computer and makes sure our site is up to date and compatible with your system. Traffic reports (information about sites that refer visitors to us) help us select the best places to reach people interested in shopping for furniture online.

 

Consent

We imply your consent to collect, use and disclose your personal information for the reasonable and necessary purposes set out above. If, at any time, we wish to collect, use and/or disclose your personal information for any other purpose, we will notify you of that purpose and seek your consent to do so.

Please also note that, in some limited circumstances, we are permitted by law to collect, use and/or disclose your personal information without your consent, with or without notice to you.

 

Can I tell FICARI not to gather or keep track of my visit via the cookie?

Yes. You can set your browser not to accept cookies but remember that cookies make your purchases easy. They enable your computer to keep a list of items you're considering or to place them directly in your Shopping Cart (so you don't have to re-enter them manually).

 

How do I correct or update information about me and my order(s)?

To change, correct, or update information about you or your order prior to shipment, please access the "My Account " area of our website. Alternatively, contact us direct at 905-660-6996 or toll-free at 1-888-818-9388.

 

Can I have my name removed from FICARI active records? How?

If you would like your name removed from our active records, you may go to your Account and click "edit my email preferences ". Alternatively, you may also visit our “Contact Us” page. There you may contact us via our submission form, by telephone, or live chat for assistance. 

 

How do I contact FICARI with any questions about this policy?

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can visit our “Contact Us” page. There you may contact us via our submission form, by telephone, or live chat. 

 

What if we revise this Privacy Policy?

We reserve the right to revise this Privacy Policy periodically without notice, and any such revisions will be posted on our website. You may also obtain a paper copy of this Privacy Policy by contacting us by visiting “Contact Us” page, via our submission form or by telephone. We encourage you to consult this Privacy Policy regularly to remain informed of any changes that may impact you and affect our collection, use and disclosure of your personal information. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email.

 

PLEASE READ THESE TERMS OF USE (THESE “TERMS OF USE”) CAREFULLY. THESE TERMS OF USE GOVERN YOUR ACCESS TO OR USE OF ALL OR PART OF ANY WEBSITE OR MOBILE APPLICATION OF FICARI OR ITS AFFILIATES (COLLECTIVELY, "FICARI," "WE," "US," OR "OUR"), INCLUDING FICARI AND ANY OTHER SITE, MOBILE APPLICATION OR ONLINE SERVICE, INCLUDING ANY SHOPPING CART FUNCTIONALITY INCLUDED ON SUCH SITES WHERE THESE TERMS OF USE ARE POSTED (COLLECTIVELY, THE "SITE"). THESE TERMS OF USE DO NOT AMEND ANY OTHER AGREEMENT YOU MAY HAVE WITH FICARI FOR PRODUCTS OR SERVICES.

ARBITRATION NOTICE: A binding dispute resolution/arbitration agreement is included in these Terms of Use, which includes a waiver of any right to participate in a class action lawsuit or class-wide arbitration.

1. Changes to Terms/Site. At any moment, we have the right to change or update these Terms of Use, as well as any feature of the Site. All modifications will take effect as soon as they are posted on the Site. You agree to and accept the modifications by accessing or using the Site after they have been posted.

2. Third-Party Web Sites. FICARI does not manage or control any of the websites linked to or from the Site. FICARI is not responsible for reviewing or assessing the content or accuracy of any third-party web site or any products or services made available through those web sites and does not warrant or endorse any third-party web site or any products or services made available via those web sites. When leaving the Site to visit a third-party website, please be cautious. Each online site's terms of service and privacy policy should be read before proceeding.

3. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of FICARI or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to FICARI or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. All rights not expressly granted herein are reserved by FICARI and its licensors.

4. Use of the Site; Compliance. You may download and print one copy of the Site's visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of . For example, you may not copy, reproduce, publish, upload to another web site, or otherwise distribute any of the images on the Site. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Some features on the Site may require you to register or create an online account ("Account"). You agree to provide true, accurate, current and complete information about yourself. You are responsible for protecting and maintaining the confidentiality of your login credentials and password and for restricting access to your computer or other device used to access your Account. You agree that you will be responsible for any and all statements made, and acts or omissions that occur on or through the Site, through the use of your online account and password, whether or not authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify FICARI immediately at 905-660-6996 or info@ficari.com. FICARI may terminate your account and suspend your use of the Site for any reason without prior notice to you, including but not limited to if FICARI suspects that your account is being used in an unauthorized manner or that you are in violation of these Terms of Use.

5. Feedback. FICARI welcomes comments regarding the Site, including any products or services available through the Site (“Feedback”). If you submit any Feedback to us regarding the Site, you are granting to FICARI a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) such Feedback, in any medium or format, and that such Feedback will not be considered or maintained as confidential. We may use any feedback that you send us in our discretion and without attribution or compensation to you.

6. Privacy. Your use of the Site is subject to our Privacy Notice. You may obtain a copy of our Privacy Notice by visiting “Privacy Policy” at the bottom of our webpage. You consent to being contacted by phone or text message to any telephone number You have previously provided to FICARI. You acknowledge that FICARI may collect, record, use, share, and otherwise process your personal information, including through the use of automated technologies, as described in the Privacy Notice.

7. Customer Communications. Notwithstanding the context in which you provide your e-mail address or telephone number, any prior consents you may have provided to receive marketing and/or non-marketing telephone calls/SMS/MMS messages, any revocation of said consent and any request to be placed on a federal, state, provincial or internal do-not-call list, you consent to FICARI, its affiliates, any other intended beneficiary of your agreements with FICARI, and any third-party service providers, including, but not limited to, delivery service providers and survey/research companies, contacting you using any e-mail address or any telephone number that you provide. You agree that any SMS/MMS messages and/or telephone calls may be sent or placed using an automatic telephone dialing system or prerecorded or artificial voice. You agree that such communications may be made for any purpose including, without limitation, processing and servicing any order, arranging delivery, conducting surveys (including satisfaction surveys), researching and improving products, providing customer service and marketing. You agree that FICARI, its affiliates, any other intended beneficiary of your agreements with FICARI, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. You further agree that each short code and/or telephone number used to communicate with you is an independent message campaign, separate from any other communication campaign you may receive from or on behalf of FICARI, its affiliates, any other intended beneficiary of your agreements with FICARI, and any third-party service providers. To stop, unsubscribe or otherwise revoke your consent to receive messages from a specific campaign, you must text “STOP” to each individual campaign you no longer wish to receive messages from. You agree that that by texting “STOP” to a given message campaign, you will ONLY be unenrolled from text messages from that specific message campaign. If you wish to opt out of ALL message campaigns, you must text “STOP” to each message campaign. Alternatively, to opt out, you may call 905-660-6996. Any other attempt to revoke consent shall be invalid and of no effect. You further agree that the methods of revocation described in this paragraph are reasonable. You certify, warrant and represent that any telephone numbers you provide to us are your contact numbers and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. FICARI may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur. If you want to start receiving messages again, sign up as you did the first time. If you need help, text “HELP” to any message you receive from us. For customer support please visit our website. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages. You agree that the terms of your agreements with FICARI were arrived at by a mutually agreed, bargained-for exchange and that all terms are essential.

8. Purchase Information. If you submit payment information that is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution or any third-party financing company. Payments are processed by our third-party payment processor. Refunds, if available, are solely the responsibility of FICARI and are at FICARI's sole discretion.

9. Merchandise Availability. The prices and availability of merchandise on the Site may change at any time without notice to you. Merchandise prices and selection may vary from region to region and differ between the Site and stores. Availability of merchandise may be limited and merchandise may not be available for immediate delivery.

10. NO WARRANTY.

1. SOME MERCHANDISE SOLD VIA THE SITE COMES WITH A LIMITED PRODUCT WARRANTY. SEE OUR "Terms of Use" FOR WARRANTY DETAILS. [NTD: is there a different part of the site that has information on product warranty? If so should be properly stated here as I do not see a section on warranty in these terms of use as it relates to products]
2. THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. ACCURACY OF INFORMATION ON THE SITE CANNOT BE GUARANTEED. FICARI DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. FICARI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
3. FICARI IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. WE RESERVE THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED AND WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FICARI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
4. FICARI HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN CANADA. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN CANADA, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM FICARI OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

11. NO LIABILITY.

1. IN NO EVENT WILL FICARI OR ANY OF ITS PARENTS, SUBSIDIARIES, DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, PREDECESSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR DIRECT OR INDIRECT USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF FICARI HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE.
2. WITHOUT LIMITING THE FOREGOING, IF FICARI IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, THE MAXIMUM LIABILITY FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED FIFTY DOLLARS ($50), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF PURSUANT TO APPLICABLE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF FICARI, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification. You agree to indemnify, defend, and hold harmless FICARI, and each of its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including, without limitation, reasonable attorneys' fees and costs) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of merchandise through the Site, or your violation of these Terms of Use. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with FICARI in asserting any available defenses. This provision does not apply to intentional or reckless acts or gross negligence on the part of FICARI.

13. Copyright. FICARI asks that its users respect the rights of intellectual property owners. If you believe that your work has been copied on the Site in a way that constitutes infringement, you agree to provide FICARI the following information in the form prescribed by FICARI:

A. A description of the copyrighted work or works that you claim have been infringed;

B. A description of the allegedly infringing material, including its location on the Site;

C. Your address, telephone number, and email address;

D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

E. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

F. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Linking to the Site. If you operate a web site and are interested in linking to the Site: you agree that (i) the link must be clearly marked; (ii) the link and its use must be in connection with a web site of appropriate subject matter; (iii) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with FICARI's names and trademarks; (iv) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by FICARI; and (v) the link, when activated by a user, must display the Site full-screen and not within a "frame." FICARI reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms of Use or through other notice.

15. Governing Law. These Terms of Use are governed by the laws of the province of Ontario, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION/ARBITRATION AGREEMENT: READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

A. Mandatory Arbitration. YOU AND ANY “ARBITRATING ENTITY” (WHICH INCLUDES FICARI, ANY THIRD PARTY DELIVERY SERVICE PROVIDER THAT DELIVERS OR ATTEMPTS TO DELIVER YOUR MERCHANDISE, AND ANY OF ITS OR THEIR AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, OR ASSIGNS) AGREE THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND ANY ARBITRATING ENTITY, INCLUDING BUT NOT LIMITED TO ANY DISPUTE OR CLAIM THAT RELATES IN ANY WAY TO ANY PRODUCT OR SERVICE SOLD OR DISTRIBUTED BY ANY ARBITRATING ENTITY, TO ANY TRANSACTION WITH ANY ARBITRATING ENTITY, TO ANY WARRANTY MADE BY ANY ARBITRATING ENTITY, TO THE TERMS AND CONDITIONS OF SALE, TO THE FINANCING OF ANY PURCHASE FROM ANY ARBITRATING ENTITY, TO THE DELIVERY, ATTEMPTED DELIVERY, OR INSTALLATION OF YOUR MERCHANDISE, TO THE USE, COLLECTION OR STORAGE OF PERSONAL INFORMATION, OR TO THESE TERMS OF USE OR THE PRIVACY NOTICE, INCLUDING DISPUTES OR CLAIMS UNDER FEDERAL, PROVINCIAL OR STATE STATUTES, COMMON LAW, OR TORT LAW, WHETHER LEGAL OR EQUITABLE ("DISPUTE") MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, EXCEPT THAT YOU OR ANY ARBITRATING ENTITY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE DISPUTE QUALIFIES FOR SMALL CLAIMS COURT AND THE MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS.

You and any Arbitrating Entity waive the right to a trial by jury and any right to have a Dispute heard in court. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A licensed arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the amount and nature of the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The Arbitration Act’s Rules will apply.

Delegation/Arbitrability. The Arbitration Act applies to this Agreement and exclusively governs its interpretation and enforcement. The arbitrator and not any federal, provincial, or local court or agency, shall have the authority to decide, and shall decide all issues or disputes relating to the meaning, validity, formation, enforceability, interpretation, scope, and application of this Agreement (including “gateway” issues of arbitrability), these Terms of Use and the Privacy Notice and any applicable warranty, except that a court will resolve any question regarding the meaning, validity or enforceability of Section B of this Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted. The Agreement will survive termination of any warranty.

B. Arbitration Class Action Waiver. You and any Arbitrating Entity agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery conducted by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of the Agreement will be null and void.

C. Fees and Costs Relating to Arbitration. If your total damage claims are $25,000 or less, not including your attorneys' fees: (1) the arbitrator may award you your reasonable attorneys' fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity its attorneys' fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity will bear all filing fees and administrative fees and either reimburse you for any such fees that the Arbitration Act requires you to pay upon initiating arbitration, (a) Arbitrating Entity will bear the arbitrator's fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable rules.

If You or any Arbitrating Entity files or causes to be filed in any court, agency, or other non-arbitral tribunal a Dispute that is subject to arbitration under this Agreement (an “Arbitrable Suit”), the defendant/respondent may provide written notice to the plaintiff/claimant (or its attorney) of its duty to arbitrate the Arbitrable Suit under this Agreement. If the plaintiff/claimant does not dismiss the Arbitrable Suit within 14 calendar days of such notice, and the defendant/respondent successfully moves to compel arbitration, the plaintiff/claimant shall be responsible for paying the reasonable attorneys’ fees and other costs incurred by the defendant/respondent in responding to and moving to compel arbitration of the Arbitrable Suit. Any request for such fees and costs shall be addressed to and decided by an arbitrator as if it were a Dispute and otherwise in accordance with this Agreement. Should any court, agency, arbitrator, or other tribunal determine that this paragraph is void, invalid, or otherwise unenforceable, it shall be severed from and not affect the validity of the agreement to arbitrate.

D. Non-Arbitration Class Action and Jury Waiver. You and any Arbitrating Entity agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and any Arbitrating Entity waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor any Arbitrating Entity may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

E. Severability. If any part of this Terms of Use is found invalid or unenforceable, then the other parts of the Terms of Use shall remain in full force and effect, except that if any part of Section 16(B) is found invalid or unenforceable, then Sections16 (A) and (C) of the Agreement will be null and void, and the other parts of the Agreement shall remain in full force and effect.

17. Assignment. We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You may not assign these Terms of Use without our prior written consent.

18. Interpretation. These Terms of Use, and, as applicable, our Online Terms and Conditions of Sale, are the entire agreement between you and FICARI with respect to your access to and use of the Site. FICARI's failure to enforce any provision in these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by FICARI. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect, except as set forth in Section 16 above. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of FICARI's successors and assigns.

19. Survival. Any provisions of these Terms of Use that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability and the Dispute Resolution/Arbitration Agreement will continue in effect beyond any termination of these Terms of Use or of your access to the Site.

20. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and FICARI may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

21. Contact Us. If you have any other questions or concerns regarding these Terms of Use, please contact us direct at 905-660-6996, toll-free 1-888-818-9388, or by email at inquiries@ficari.com.