This website is operated by First Choice Equipment Sales & Service (“we,” “us,” “our”). By visiting our site and/or purchasing something from us, you agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by hyperlink. If you do not agree to all terms and conditions, you may not access the website or use any services.
We may update these Terms from time to time by posting changes on this page. Your continued use of the website after changes are posted constitutes acceptance of those changes.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you have given consent for any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
3. Accuracy, Completeness, and Timeliness of Information
Materials on this site are provided for general information and should not be relied upon as the sole basis for decision-making. Any reliance is at your own risk.
4. Modifications to Service and Prices
Prices are subject to change without notice.
We strive for accuracy, but errors may occur. If a product is listed with an incorrect price or information (including due to typographical error, system malfunction, or human error), we reserve the right to refuse or cancel any orders placed for that product—including after an order is submitted and payment is processed. If your order is canceled after your card has been charged, we will issue a full refund for the amount charged.
We may modify or discontinue the Service (or any part/content) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.
5. Products or Services
Certain products or services may be available exclusively online and may have limited quantities. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We make every effort to display product images and colors accurately; we cannot guarantee your monitor’s display will be accurate.
Returns and exchanges are subject to our Return Policy. (Link: Return Policy)
6. Accuracy of Billing and Account Information
We may limit or cancel quantities purchased per person, per household, or per order (including orders under the same customer account, credit card, billing and/or shipping address). You agree to provide current, complete, and accurate purchase and account information, and to promptly update such information so we can complete transactions and contact you as needed.
7. Errors, Inaccuracies, and Omissions
Information on our site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you submit your order).
8. Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any international, federal, provincial or state regulations; to infringe upon our or others’ intellectual property rights; to harass or discriminate; to submit false or misleading information; to upload viruses or malicious code; to spam, phish, pharm, pretext, spider, crawl, or scrape; for obscene or immoral purposes; or to interfere with the security features of the Service or related websites.
9. Disclaimer of Warranties; Limitation of Liability
The Service and all products and services delivered through it are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall First Choice Equipment Sales & Service, its officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any products purchased through it, even if advised of the possibility of such damages. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless First Choice Equipment Sales & Service and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees 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 or your violation of any law or third-party rights.
11. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Termination
Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless and until terminated by either party. We may terminate this agreement at any time without notice if, in our sole judgment, you fail or we suspect you have failed to comply with any term or provision. You will remain liable for all amounts due up to and including the date of termination.
13. Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law principles. Venue and jurisdiction for any dispute shall lie in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.
14. Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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 constitutes acceptance of those changes.
