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Privacy Policy

American Heritage Fireplace is committed to protecting your privacy online. When you make an online inquiry the information you provide allows us to process your information and to notify you of your inquiry status. Your name, address, and email are stored with a record of your inquiry.

Our site is not setup to track, collect or distribute personal information about yo u. We cannot, for instance, determine your email address by examining electronic records. We use the electronic records to compile statistics that about how collectively our visitors interact with our Web site. These statistics contain no personal information and are only used by American Heritage technical support staff.

If you have any questions or concerns please email us HERE or call us at 1-800-422-5647

 

Disclaimer

Most products shown on our web site or sold by American Heritage Fireplace are to be installed by a qualified professional as intended by the manufacturers. It is our intention to inform you that any purchases you make from American Heritage Fireplace require that you make arrangements with a qualified professional contractor to perform the installation. It is essential that the products we sell are installed by a professional to help insure safety!  Improper installation of products can cause serious injury or death.   It is your responsibility to check the product installation requirements of your state and local municipality. Some municipalities may require a permit for the product installation.  Although we may have guided you on your product selection you are still fully responsible for your product selection and installation. You agree to hold harmless American Heritage Fireplace, its affiliates, manufacturers, and partners thereof for any damages, liability, or injuries that resulted from the improper use or installation of any products sold to you by us.

 

You hereby agree to and shall hold harmless American Heritage Fireplace, its affiliates, manufacturers, suppliers, distributors or partners, American Heritage Fireplace & Accessories, Inc., its directors, officers, employees and agents and the respective heirs, legal representatives, successors and assigns of all of the foregoing from and against any and all claims, actions, proceedings, damages, liabilities, losses, costs, expenses and fees including, without limitation, reasonable attorneys’ fees and other costs and expenses reasonably incident to proceedings or investigations or the defense or settlement of any claim or claims, whatsoever, resulting directly or indirectly, from the improper use or installation of any products represented on our web site or sold to you by or through American Heritage Fireplace & Accessories, Inc.

Despite any statement in this web site to the contrary, in the event American Heritage Fireplace, its affiliates, manufacturers, suppliers, distributors or partners shall be delayed or hindered in or prevented from the performance of any obligation by reason of strike, lockouts, labor troubles, inability to procure materials, restrictive governmental laws, regulation, orders or decrees, riots, insurrection, war, acts of God, inclement weather or other reason of like or unlike nature or cause beyond the reasonable control of all or any of them, then performance of such obligation shall be excused for at least the period of the delay and the period for the performance of any such obligation shall be extended for a reasonable period of time in excess of the period of such delay.

 

Product Warranty

We support all manufacturers’ warranties for products we sell. Just contact our customer service and we will assist you with the claim and see that the warranted item is shipped to you as quickly as possible.

 

Indemnification.

By ordering any of the products referenced on this web site, you hereby agree to and shall indemnify and hold harmless American Heritage Fireplace, its affiliates, manufacturers, suppliers, distributors or partners of American Heritage Fireplace & Accessories, Inc., its directors, officers, employees and agents and the respective heirs, legal representatives, successors and assigns of all of the foregoing (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, damages, liabilities, losses, costs, expenses and fees including, without limitation, reasonable attorneys’ fees and other costs and expenses reasonably incident to proceedings or investigations or the defense or settlement of any claim or claims, which you have or may have against the Indemnified Parties, either directly or indirectly, with respect to any of the products referenced or purchased on or through this web site, except as otherwise specifically and unconditionally stated in this web site to be performed by the Indemnified Parties.

 

Waiver of Consequential Damages.

To the extent permitted by law, you hereby voluntarily and with full knowledge waive any and all claims against the Indemnified Parties for consequential damages arising with respect to any products reference or purchased on or through this web site.

 

Arbitration. 

Any controversy or claim arising out of or relating to any of the products referenced or purchased by or through this web site, shall be settled by a single arbitrator in arbitration conducted in Cook County, Illinois, in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.   The arbitrator's decision shall be final and non appeal able. Each party shall be entitled to discovery exclusively by the following means:  (i) request for admission, (ii) request for production of documents, and (iii) depositions of no more than ten (10) individuals.    All discoveries shall be completed, and the arbitration hearing shall commence, within thirty (30) days after the appointment of the arbitrator.  Unless the arbitrator finds that exceptional circumstances justify the delay, the hearing will be completed, and an award will be rendered within sixty (60) days of the commencement of the hearing.   The arbitrator shall have the authority to settle such controversy or claim by finding that a party should be enjoined from certain actions or be compelled to undertake certain actions, and in such event such court may enter an order enjoining and/or compelling such actions as found by that arbitrator.  The arbitrator shall make a determination regarding which party’s legal position in any such controversy or claim is the more substantially correct (the "Prevailing Party") and the arbitrator shall require the other party to pay the legal and other professional fees and costs incurred by the Prevailing Party in connection with such arbitration proceeding and any necessary court action. However, notwithstanding the foregoing, the parties expressly agree that a court of competent jurisdiction may enter a temporary restraining order pending a final award or further order by the arbitrator. Such remedy, however, shall be cumulative and nonexclusive, and shall be in addition to any other remedy to which the parties may be entitled.

To the maximum extent permitted by law, the purchaser of products referenced or purchased on or through this web site hereby expressly waives any right to assert the doctrine of forum nonconvenience or to otherwise object to the venue of arbitration proceedings to the extent that any such proceeding is brought in accordance with this section.

 

Choice of Law. 

The matters addressed on this web site and all matters arising there from shall be governed by and construed in accordance with the internal laws of the State of Illinois without regard to principles of conflicts of law. 

 

 

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