Introduction
Welcome to fayshop.com. Please review the following basic rules that govern
your use of the FAYSHOP.COM site. (the "Agreement"). Please note that
your use of the FAYSHOP.COM site (the "Site") constitutes your unconditional
agreement to follow and be bound by these Terms of Use. Although you may "bookmark"
a particular portion of this Site and thereby bypass this Agreement, your use
of this Site still binds you to these Terms of Use. FAYSHOP.COM reserves the
right to update or modify these Terms of Use at any time without prior notice
to you. Your use of the Site following any such change constitutes your unconditional
agreement to follow and be bound by these Terms of Use as changed. For this
reason, we encourage you to review these Terms of Use whenever you use this
Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that
you are 18 years of age or older. If you are under the age of 18 but at least
13 years of age you may use this Site only under the supervision of a parent
or legal guardian who agrees to be bound by these Terms of Use. FAYSHOP.COM
does not intentionally collect personal information about children under the
age of 13. Children under the age of 13 may not use this Site and parents or
legal guardians may not agree to these Terms of Use on their behalf. If you
are a parent or legal guardian agreeing to these Terms of Use for the benefit
of a child between the ages of 13 and 18, be advised that you are fully responsible
for his or her use of this Site, including all financial charges and legal liability
that he or she may incur. If you do not agree to (or cannot comply with) any
of these terms and conditions, do not use this Site. All billing and registration
information provided must be truthful and accurate. Providing any untruthful
or inaccurate information may constitute a breach of these Terms of Use. By
confirming your purchase at the end of the checkout process, you agree to accept
and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs,
programs, video clips and written and other materials that are part of this
Site (collectively, the "Contents") are intended solely for personal,
non-commercial use. You may download or copy the Contents and other downloadable
materials displayed on the Site for your personal use only. No right, title
or interest in any downloaded materials or software is transferred to you as
a result of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in whole
or in part, any of the Contents, the Site or any related software. All software
used on this Site is the property of FAYSHOP.COM or its suppliers and protected
by U.S. and international copyright laws. The Contents and software on this
Site may be used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or performance,
of the Contents on this Site is strictly prohibited.
PHARMACY CONTENT: All content, including, but not limited to, drug and interaction
information, provided in the Pharmacy area of this Site is for educational purposes
only. Such content is intended to supplement, not substitute for, the diagnosis,
treatment and advice of a medical professional. Such content does not cover
all possible uses, precautions, side effects and interactions, and should not
be construed to indicate that any drug is safe for you. Consult your medical
professional for guidance before using any prescription or over the counter
drugs.
Site Security
Users are prohibited from violating or attempting to violate the security of
the Site, including, without limitation, (a) accessing data not intended for
such user or logging onto a server or an account which the user is not authorized
to access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. FAYSHOP.COM will investigate
occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search this Site other than the search engine and search agents available
from FAYSHOP.COM on this Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. For your convenience, you will not be charged until
your payment method is authorized, the order information is verified for accuracy
and your order is shipped. Some situations that may result in your order being
canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also require additional verifications
or information before accepting any order. We will contact you if all or any
portion of your order is canceled or if additional information is required to
accept your order. If your order is canceled after your credit card has been
charged, we will issue a credit to your credit card in the amount of the charge.
Pricing Information
While FAYSHOP.COM strives to provide accurate product and pricing information,
pricing or typographical errors may occur. FAYSHOP.COM cannot confirm the price
of an item until after you order. In the event that an item is listed at an
incorrect price or with incorrect information due to an error in pricing or
product information, FAYSHOP.COM shall have the right, at our sole discretion,
to refuse or cancel any orders placed for that item. In the event that an item
is mispriced, FAYSHOP.COM may, at our discretion, either contact you for instructions
or cancel your order and notify you of such cancellation.
We strive to provide you with the lowest prices possible on FAYSHOP.COM as well
as in our stores. However, sometimes a price online does not match the price
in a store. In our effort to be the lowest price provider in your particular
geographic region, store pricing will sometimes differ from online prices. Prices
and availability are subject to change without notice.
Quantity Limits & Dealer Sales
FAYSHOP.COM reserves the right, at our sole discretion, to limit the quantity
of items purchased per person, per household or per order. These restrictions
may be applicable to orders placed by the same FAYSHOP.COM account, the same
credit card, and also to orders that use the same billing and/or shipping address.
We will provide notification to the customer should such limits be applied.
FAYSHOP.COM also reserves the right, at our sole discretion, to prohibit sales
to dealers. If you are interested in purchasing multiple quantities of items
for a corporation or institution, please contact us by email at sales@fayshop.com.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress
and/or other intellectual property owned, controlled or licensed by FAYSHOP.COM,
one of its affiliates or by third parties who have licensed their materials
to FAYSHOP.COM and are protected by U.S. and international copyright laws. The
compilation (meaning the collection, arrangement, and assembly) of all Contents
on this site is the exclusive property of FAYSHOP.COM and is also protected
by U.S. and international copyright laws.
FAYSHOP.COM and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this Site does not
confer and shall not be considered as conferring upon anyone any license under
any of FAYSHOP.COM's or any third party's intellectual property rights.
References on this Site to any names, marks, products or services of third parties
or hypertext links to third party sites or information are provided solely as
a convenience to you and do not in any way constitute or imply FAYSHOP.COM's
endorsement, sponsorship or recommendation of the third party, information,
product or service. FAYSHOP.COM is not responsible for the content of any third
party sites and does not make any representations regarding the content or accuracy
of material on such sites. If you decide to link to any such third party web
sites, you do so entirely at your own risk.
Video and Computer Game Ratings
FAYSHOP.COM participates in the video and computer game industry's standardized
rating system developed by the Entertainment Software Rating Board (ESRB). ESRB
ratings are placed on a game's packaging to let you know the nature of the content
and the ages for which the game is appropriate. You can find this information
on the item description page for the game, and you can also learn more by going
to the ESRB Ratings Guide posted on this Site. FAYSHOP.COM does not sell games
rated "AO: Adult Only". Games rated "M: Mature" are intended
for mature audiences only and are noted as such on this Site. By ordering any
"M: Mature" rated game, you are certifying that you are at least 17
years of age.
Colors
We have made every effort to display the colors of our products that appear
on the Site as accurately as possible. However, as the actual colors you see
will depend on your monitor, we cannot guarantee that your monitor's display
of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless FAYSHOP.COM and its affiliates
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or
FAYSHOP.COM. You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. FAYSHOP.COM also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in FAYSHOP.COM's sole discretion you fail to
comply with any term or provision of this Agreement. Upon any termination of
the Agreement by either you or FAYSHOP.COM, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. FAYSHOP.COM's right
to any Comments shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY FAYSHOP.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. FAYSHOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, FAYSHOP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, FAYSHOP.COM DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE FAYSHOP.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY
THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
PHARMACY CONTENT: THE DRUG INFORMATION AND INTERACTION CHECKER PROVIDED IN THE
PHARMACY AREA OF THIS SITE IS PROVIDED BY GOLD STANDARD MULTIMEDIA. FAYSHOP.COM
AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT,
SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, INCLUDING DRUG INTERACTION
INFORMATION PROVIDED IN THE PHARMACY AREA OF THIS SITE IS FOR EDUCATIONAL PURPOSES
ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS,
TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE
USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION
THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED
TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL
REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE
COUNTER DRUGS. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT FAYSHOP.COM AND ITS AFFILIATES
AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION,
SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO
THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FAYSHOP.COM OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE
OF OR INABILITY TO USE THE FAYSHOP.COM WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF FAYSHOP.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL FAYSHOP.COM BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX
MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these
Terms of Use are for reference purposes only and in no way define or limit the
scope of the section. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary
to make it enforceable and the other terms of this Agreement shall remain in
full force and effect. The failure of FAYSHOP.COM to act with respect to a breach
of this Agreement by you or others does not constitute a waiver and shall not
limit FAYSHOP.COM's rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under California law without
regard to conflicts of law provisions. Any action or proceeding arising out
of or related to this Agreement or your use of this Site must be brought in
the state or federal courts of California and you consent to the exclusive personal
jurisdiction of such courts. |