PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.
This site is owned and operated by Famleigh, Inc. (hereinafter “FAMLEIGH,” “us,” or “we”). This agreement (hereinafter, the “Agreement”) between FAMLEIGH and you sets forth the terms and conditions which govern your use of the FAMLEIGH sponsored website at www.drinkfawen.com (hereinafter, the “Site”) and/or the services (hereinafter, the “Services”) provided by FAMLEIGH.
FAMLEIGH MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITE AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Prohibited Activities
You agree that you shall not use the Site: (a) to engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) to impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (c) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (d) in violation of FAMLEIGH’S or any third party’s intellectual property or other proprietary rights; (e) in violation of any applicable laws; (f) to attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (g) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (h) to attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (i) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (j) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; (k) to post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” or any other form of solicitation; (l) to upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (m) to delete or revise any material posted by any other person or entity; to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any FAMLEIGH product or Service if you are not expressly authorized by such party to do so; or (n) for any purpose that is prohibited by these terms and conditions.
Trademark Information
“Fawen” and other related marks, design marks, product names, feature names and related logos used in the Site or on our products are trademarks of FAMLEIGH and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site and our products constitute the service mark, trademark and/or trade dress of FAMLEIGH and may not be copied imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.
Copyright and Limited License
All content appearing on the Site, including designs, text, graphics, pictures, information, data, software, sound files, other files and the selection, assembly and arrangement thereof (collectively, “Content”), is owned or licensed property of FAMLEIGH or its licensors and is protected by U.S. and international copyright and other intellectual property laws. You are granted a limited license to use the Site for personal, non-commercial purposes only, in accordance with these Terms. You may view, download, print and copy Content for personal, non-commercial purposes only, provided that you do not modify or alter the Content or violate these Terms in any way. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from the Site, in whole or in part, without our prior written permission. All rights not expressly granted herein are reserved.
Billing Policies
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by FAMLEIGH or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide FAMLEIGH or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by FAMLEIGH are subscription-based services. If you open a subscription-based account with FAMLEIGH, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. FAMLEIGH reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Automatic Renewal Terms: Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that FAMLEIGH will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all FAMLEIGH obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
Promotional discounts, gift cards, and e-certificates not valid towards subscription-based services.
Terms of Sale
A. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will place your order in line for shipment.
B. Pricing and Availability
All prices for products (and applicable taxes and other charges) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice.
C. Payment Terms
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
D. Shipping and Handling
All shipping charges are your responsibility, unless waived by us. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from us to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
E. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise first. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
F. Cancellation Policy
All sales are final.
Monitoring
FAMLEIGH has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
Accounts, Passwords and Security
If the Site or Services require you to open an account, you must complete the registration process by providing FAMLEIGH with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to FAMLEIGH which is untrue, inaccurate, not current or incomplete, FAMLEIGH reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify FAMLEIGH immediately of any unauthorized use of your account or any other breach of security. FAMLEIGH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by FAMLEIGH or another party due to someone else using your account or password.
Links
The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). FAMLEIGH provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has FAMLEIGH reviewed or approved the content which appears on the Linked Sites. FAMLEIGH is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that FAMLEIGH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Proprietary Rights
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to FAMLEIGH shall be fully paid-up and royalty free. In addition, under no circumstances shall FAMLEIGH have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of FAMLEIGH business through a merger, sale or transfer of all or substantially all of the assets of FAMLEIGH, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on FAMLEIGH’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
Disclaimers
FAMLEIGH’S SITE DOES NOT PROVIDE MEDICAL ADVICE. NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE.
Any information on the Site pertaining to general nutrition or health is provided for informational purposes only and are not intended as (and should not be construed as or be a substitute for) professional medical advice, diagnosis or treatment. We are not engaged in rendering medical advice or services.
THE SITE, CONTENT AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FAMLEIGH DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR PARTICULAR PURPOSE OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
FAMLEIGH DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, CONTENT OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FAMLEIGH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FAMLEIGH MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS BE LIABLE FOR DAMAGES WHATSOEVER RELATED TO THE OPERATION, CONTENT OR USE OF THE SITE OR INABILITY TO USE THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO YOUR USE OF THE SITE OR ANY INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
Termination
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that FAMLEIGH, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any termination under this section may be effective without prior notice to you. In the event of termination, however, those sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
Indemnification
You agree to indemnify, defend, and hold FAMLEIGH and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to FAMLEIGH or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This indemnity obligation shall survive in the event this Agreement is terminated for any reason.
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by FAMLEIGH infringe your copyright, you, or your agent may send to FAMLEIGH a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon FAMLEIGH actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to FAMLEIGH a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Governing Law
These Terms and our relationship between you and us shall be governed by the laws of the State of New York, without regard to conflict of law principles. You agree that any action arising out of, or relating to, the Terms, your purchase of products or use of the Site shall be brought in the federal or state courts located in Brooklyn, New York, and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.
