TERMS OF SERVICE

LAST UPDATED May 6, 2016

Overview

Welcome to the FlashForge official website: www.flashforge.com. This website is owned and operated by FlashForge. Throughout the site, the terms “we”, “us” and “our” refer to FlashForge. FlashForge offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

FlashForge will provide receipts for your purchases available through e-mail and through your account page on flashforge.com.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Software License

End User License Agreement(EULA)

This is a legally binding agreement between you and FlashForge. If you want to use FlashForge software, you must agree to these Terms of Service. Please read this summary carefully. By clicking on the “I Accept” button, you acknowledge that you have read and understand this EULA and agree to be bound by its terms. Or by downloading, installing, copying or using the FlashForge software in ANY way, you agree to be bound by the terms of this EULA. By clicking ”I Do Not Accept” button and the installation process will stop. However, if you do so, the 3D printer will not operate or will have out-of-date software. If this is a new purchase, you can return the 3D printer to the seller for a refund. You will then have no obligations to FlashForge. If you are upgrading the FlashForge software, you may continue to use the currently installed version of the software under the terms of the EULA applicable to that version, but the 3D printer may malfunction or stop functioning.

From time to time, FlashForge may change or amend these terms. If we do, we will notify you, either through the user interface, in an email notification, or in some other reasonable way. If you keep using the software or hardware after the change becomes effective, you are agreeing to the changed terms.

The agreement between you and FlashForge described in this document starts when you purchase, download, or install any FlashForge software and it lasts until FlashForge provides you with notice that you are in breach of any of the terms. If FlashForge terminates the agreement, you must delete any FlashForge software–but some of the terms of the agreement, such as the limitation on warranties, will remain in effect.

If we ever have a disagreement arising out of or relating to this agreement, or any alleged breach, either party may appeal to the court under the jurisdiction of Jinhua for resolution.

In no event shall FlashForge be liable for any loss, death, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of FlashForge products. To the fullest extent legally permitted FlashForge EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPLICIT WARRANTY OF FITNESS for a particular usage, the particular nature and circumstances of said usage being unforeseen and unforeseeable to FlashForge.

During installation, FlashForge software may ask you to opt in to the collection of diagnostic information regarding your use of FlashForge’ software or hardware in order to help our engineers improve FlashForge’ products. If you opt in, you agree that FlashForge may collect, maintain, and use information about the operation of FlashForge’ hardware and software, such as hardware serial numbers, print times, laser power levels, and 3D model sizes. No full models, 3D geometry, or personal information will be collected without your additional and explicit consent.

FlashForge software is licensed, not sold. That means that FlashForge owns all of the rights in the software it is allowing you to use, except for components such as open source libraries that have their own licenses and rules. By allowing you to use it, it does not mean we are transferring ownership to you. You may not break our software down to analyze it, modify it, use it with non-FlashForge products, or redistribute it without our consent. You may not rent, lease, or copy the software to others. You may not use our software with non-FlashForge hardware. In short, you agree to respect any and all copyrights and patents that apply to the software.

Software distributed by FlashForge is not covered under the limited hardware warranty. FlashForge software is provided to you on an “as-is” basis. That means that FlashForge and its suppliers disclaim all express, implied, or statutory warranties for any licensed software, including merchantability, fitness for a particular purpose, title, and non-infringement. If applicable law requires any warranties for the licensed software, any such warranty is limited to 90 days from the date of purchase, download, or installation–whichever is earliest.

If you have questions regarding this agreement, or wish to obtain additional information, please contact us by fulling out a support form.

Return Policy

FlashForge accepts returns for refunds or exchanges, subject to the following:

30 DAYS

You can only return FlashForge 3D printers to us within 30 days of receipt of delivery without giving any reason. After 30 days, we do not accept returns. See our Warranty Policy for warranty service and procedures.

FILLING OUT FORM BEFORE RETURNING

Please fill out and submit this form before returning the item. As appropriate, we will issue you an RMA number, and you need to mark it onto the package for the returned item, along with a copy of the original order information. We do not accept returned items for which an RMA has not been issued.

SHIPPING

Pack the item according to our instructions to prevent damage in transit. FlashForge will cover the cost of shipping if your return is a result of quality defect by manufacturing. For other returns, you should cover the cost of shipping. Please use a shipping service that allows you to track the package.

APPLICABLE COUNTRIES.

Return is only applicable to countries as below:

North America: United States

Europe: United Kingdom, France, Germany, Italy, Spain, Czech Republic, Belgium, Netherlands, Poland, Latvia, Sweden, Ireland, Greece, Finland, Denmark, Portugal.

For other countries, we will send you free replacement parts to repair.

UPON RECEIPT

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and whether your request for refund or exchange has been approved. We may charge a fee for missing or used accessories.

RESTOCKING FEE

For non-defective items, FlashForge charges a restocking fee equal to 10% of the original purchase price of each item returned. This fee will be deducted from your refund, or if you have requested an exchange, the fee will need to be received by FlashForge before the new item is shipped.

REFUND

You’ll get a FULL REFUND if your return is a result of quality defects. For non-defective returns, the original shipping fees will not be refunded to you.

EXCHANGE

If an exchange is approved, we will ship the new item to you, after payment of any applicable restocking and shipping fees.

Exclusive Limited Warranty (Only Applies to Non-US Customers)*

FlashForge grants a period of 90-Day warranty on Extruder and One-year full warranty on other parts. However this one-year full warranty does not apply to the build tape, build plate, acrylic cover, SD card, USB stick, USB cable, filament, filament spool, and glue stick. Which are considered as consumables. The warranty period starts from the date of purchase. If a hardware defect arises and a valid claim is received within the Warranty Period, at our sole option and to the extent permitted by law, FlashForge will send you new or refurbished replacement parts at no charge, while need you to cover the shipping cost. FlashForge may request that you replace defective parts with new or refurbished user-installable parts that FlashForge provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by FlashForge. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes FlashForge’ property. Parts provided by FlashForge in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to FlashForge unless specified otherwise.

Exclusions from and Limitation to Warranty

This Limited Warranty applies only to hardware products manufactured by or for FlashForge that can be identified by the “FlashForge” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-FlashForge hardware products or any software, even if packaged or sold with FlashForge hardware. Manufacturers, suppliers, or publishers, other than FlashForge, may provide their own warranties to the end user purchaser, but FlashForge, in so far as permitted by law, provides their products “as is”. Software distributed by FlashForge with or without the FlashForge brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Terms and Conditions for the software for details of your rights with respect to its use.

FlashForge does not warrant that the operation of the product will be uninterrupted or error-free. FlashForge is not responsible for damage arising from failure to follow instructions relating to the product’s use.

This warranty does not apply: (a) to altered or broken Warranty Card or defaced or removed series number of hardware; (b) to damage caused by improperly or incorrectly performed modifications, alterations or repair; (c) to the device has worked over 400 hours; (d) tdamage caused by improper installation, use or operation; (e) to damage due to operation under improper environment; (f) to damage caused by abuse(overloaded working), misuses; (g) to damage caused by using unauthorized spare parts or poor-quality filament; (h) to damage caused by using 3rd party software; (i) to damage caused by force majeure (such as a lightning strike, fire, earthquake, floods, civil disturbance or war, or any other event beyond human control.) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. FLASHFORGE’S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY FLASHFORGE IN ITS SOLE DISCRETION.

*FlashForge only grants a period of 90-Day warranty to US customers.

Disclaimer of Warranties; Limitation of Liability

Except as explicitly provided in these Terms, we do not guarantee, represent or warrant that your use of our service or any FlashForge product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no event shall FlashForge be liable for any loss, death, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of FlashForge products. To the fullest extent legally permitted FLASHFORGE EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPLICIT WARRANTY OF FITNESS for a particular usage, the particular nature and circumstances of said usage being unforeseen and unforeseeable to FlashForge.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except to the extent otherwise expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

No FlashForge reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, FLASHFORGE IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH FLASHFORGE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless FlashForge and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Force Majeure

Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Governing Law

This website is controlled by FlashForge from our offices located in the province of Zhejiang, China. It can be accessed by most countries around the world. As each country has laws that may differ from those of Zhejiang, by accessing our website, you agree that the statutes and laws of Zhejiang, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this Terms of Use shall be brought in the courts located in China, Zhejiang. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

If you have questions regarding this Terms of Service, please contact us by fulling out a support form.