Terms of Service

Last updated: May 31, 2026

Overview

Welcome to Firth & Holm! The terms "we," "us," and "our" refer to Firth & Holm. Firth & Holm operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a shopping experience (the "Services"). The terms and conditions below, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 — Access

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, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage. To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products in our store. However, colors and product appearance may differ from how they appear on your screen, depending on your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or be the same as depicted in our store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, region, or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Firth & Holm reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of the order. Your purchases are subject to return or exchange solely in accordance with our Returns Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges. We may offer promotions from time to time that are governed by separate terms; if there is a conflict between a promotion's terms and these Terms, the promotion terms will govern. You agree to provide current, complete, and accurate purchase and payment information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay all charges at the posted prices, including shipping and applicable taxes.

Section 5 — Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you. Please see our Shipping Policy for more detail.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Firth & Holm, its affiliates, or its licensors, and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Firth & Holm's names, logos, product and service names, designs, and slogans are trademarks of Firth & Holm or its affiliates or licensors, and you must not use them without our prior written permission. All other names, logos, and marks on the Services are the trademarks of their respective owners. All rights not expressly granted are reserved by Firth & Holm.

Section 7 — Optional Tools

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. You acknowledge 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 have no liability arising from your use of optional third-party tools, and any such use is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider.

Section 8 — Third-Party Links

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable for any harm related to your access of any third-party websites, or your purchase or use of any products or services on them. Please review the third party's policies carefully before you engage in any transaction with them.

Section 9 — Our Service Providers

Any sales and purchases you make in our store are made directly with Firth & Holm. We use third-party service providers — including our hosting provider, payment processor, email provider, and fulfillment partner — to help us operate the store and deliver your order. These providers are not the seller of the products and are not responsible for any aspect of the sale between you and Firth & Holm, including any injury, damage, or loss resulting from the products or Services.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy and understand how we and our service providers collect and use your personal information.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives received in connection with it, and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be objectionable or to violate these Terms. You agree that your Feedback will not violate any right of any third party, will not be unlawful, abusive, or obscene, and will not contain any malware. You may not use a false email address or impersonate any person. You are solely responsible for any Feedback you make and its accuracy.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send any unsolicited advertising or "spam"; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services or that may harm Firth & Holm or its users. You also agree not to: upload viruses or malicious code; reproduce, duplicate, copy, resell, or exploit any portion of the Services; collect or track the personal information of others; use any robot, spider, scraper, data-extraction tool, or AI tool (such as agentic AI) to access the Services; or interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your access at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 — Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access or interaction is from an Agent, such as by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to control whether and how Agents access the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 — Disclaimer of Warranties

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. EXCEPT AS EXPRESSLY STATED BY FIRTH & HOLM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FIRTH & HOLM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Firth & Holm and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We may control the defense and settlement of any such claim at your expense, and you will cooperate in the defense of indemnified claims.

Section 19 — Severability

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

Section 20 — Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service, and any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 — Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state laws and courts in the jurisdiction where Firth & Holm is headquartered. You and Firth & Holm consent to venue and personal jurisdiction in such courts.

Section 23 — Changes to 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 — Contact Information

Questions about the Terms of Service should be sent to us at firthandholm@gmail.com. Our contact information is posted below:

Firth & Holm LLC

firthandholm@gmail.com

82 Wendell Ave Ste 100, Pittsfield, MA 01201 USA