Conditions générales de vente

Terms of Sales

अंतिम बार 19 फरवरी, 2022 को अपडेट किया गया

TABLE OF CONTENTS

ACCEPTANCE OF CONDITIONS
INTELLECTUAL PROPERTY RIGHTS
REPRESENTATIONS OF USERS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
RETURN POLICY
PROHIBITED ACTIVITIES
USER-GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR EXAMINATIONS
SOCIAL MEDIA
SUBMISSIONS
THIRD-PARTY WEBSITE AND CONTENT
SITE MANAGEMENT
PRIVACY POLICY
DURATION AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
APPLICABLE RIGHT
LITIGATION
CORRECTIONS
DISCLAIMER
LIMITS OF LIABILITY
COMPENSATION
USER DATA
COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
CALIFORNIA USERS AND RESIDENTS
VARIOUS
CONTACT US

  1. AGREEMENT ON TERMS

These Terms of Service constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and Darius Kabalisa (“Company”, “we”, “us” or “our”) , regarding your access to and use of the fanavis.com website and any other media form, media channel, mobile website or mobile application linked, connected or otherwise connected thereto (collectively, the “Site ”). You acknowledge that by accessing the site, you have read, understood and agree to be bound by all of these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST STOP USING IT IMMEDIATELY.

Additional terms and conditions or documents which may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will notify you of any changes by updating the “last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure you check the applicable terms each time you use our site to understand which terms apply. You will be subject to, and will be deemed to have been notified of and accepted, any changes to the revised Terms of Service by your continued use of the Site after the date of posting of such revised Terms of Service.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any obligation to registration in that jurisdiction or country. . Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this Site. You may not use the Site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not authorized to use or register on the Site.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our exclusive property and all source code, databases, functionality, software, web site designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed under licensed or otherwise exploited for any commercial purpose without our prior express written permission.

Provided that you are permitted to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content properly accessed by you solely for your personal, non-commercial use. utilize. We reserve all rights not expressly granted to you in the Site, Content and Marks.

  1. REPRESENTATIONS OF USERS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to abide by these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide false, inaccurate, outdated or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part of it).

  1. USER REGISTRATION

You may need to register on the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or modify a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

  1. PRODUCTS

We strive to display as accurately as possible the colors, features, specifications and details of the products available on the Site. However, we do not warrant that the colors, features, specifications and details of the products will be accurate, complete, reliable, current or free from other errors, and your electronic display may not accurately reflect the colors and actual details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue production of any product at any time for any reason. Prices for all products are subject to change.

  1. PURCHASES AND PAYMENT

We accept the following payment methods:

Visa
MasterCard
American Express
Discover
PayPal
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if necessary. Sales tax will be added to the price of purchases as we deem necessary. We may change prices at any time. All payments must be in CHF.

You agree to pay all charges at the then-current prices for your purchases and all applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts when placing your order. We reserve the right to correct any errors or mispricings, even if we have already requested or received payment.

We reserve the right to refuse any order placed via the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders using the same billing or delivery address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

RETURN POLICY
Please review our Returns Policy posted on the Site before making any purchase.

  1. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with commercial activities except those specifically approved or approved by us.

As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
▪ Deceive, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
▪ Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or Content that ‘it contains.
▪ Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.
▪ Use any information obtained from the Site to harass, abuse or harm another person.
▪ Abuse our support services or submit false reports of abuse or misconduct.
▪ Use the Site in a manner that does not comply with applicable laws or regulations.
▪ Engage in unauthorized framing or linking to the Site.
▪ Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive capitalization and spam (continuous posting of repetitive text), that interferes with the use and uninterrupted enjoyment of the Site by any party. or modifies, alters, disrupts, impairs or interferes with the use, features, functions, operation or maintenance of the Site.
▪ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
▪ Remove copyright notice or other proprietary rights from any Content.
▪ Attempt to impersonate another user or person or use another user’s username.
▪ Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for information gathering or transmission, including without limitation clear graphics interchange formats ( “gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
▪ Interfere with, disrupt or create an excessive load on the Site or networks or services connected to the Site.
▪ Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any part of the Site to you.
▪ Attempt to circumvent any measure of the Site designed to prevent or restrict access to the Site, or any part of the Site.
▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or any other code.

▪ Except to the extent permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software comprising or in any way constituting a part of the Site.
▪ Except to the extent that may result from the standard use of an Internet search engine or browser, use, launch, develop or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or by using or launching any unauthorized scripts or other software.
▪ Use a buying agent or buying agent to make purchases on the Site.
▪ Make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretences.
▪ Use the Site in connection with any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating activity or commercial enterprise.

  1. USER-GENERATED CONTRIBUTIONS

The Site may invite you to discuss, contribute, or participate in blogs, message boards, online forums, and other features, and may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including, but not limited to, text, writing, video, audio, photography, graphics, commentary, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be viewed by other users of the Site and Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that:
▪ The creation, distribution, transmission, public display or performance of, and access to, downloading or copying of your Contributions does not and will not infringe any proprietary rights, including, but without limitation, the copyright, patent, trademark, trade secret, or moral rights of any third party.
▪ You are the creator and owner or have the necessary licenses, rights, consents, authorizations and authorizations to use and authorize us, the Site and other users of the Site to use your Contributions in the manner contemplated by the Site and these Terms of Service. ‘use.
▪ You have the written consent, authorization and/or permission of each identifiable person in your Contributions to use the name or likeness of each such identifiable person to permit the inclusion and use of your Contributions of the manner contemplated by the Site and these Terms of Use.
▪ Your Contributions are not false, inaccurate or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
▪ Your Contributions are not lewd, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, or otherwise objectionable (in our determination).
▪ Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
▪ Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to promote violence against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any third party.
▪ Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
▪ Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.
▪ Your Contributions do not otherwise violate, or link to material that violates, these Terms of Service, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

  1. CONTRIBUTION LICENSE

By posting your Contributions on any part of the Site or making the Contributions available on the Site by linking your Site account to one of your social media accounts, you automatically grant, and you represent and warrant that you have the right to grant, from we grant an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish , broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute these Contributions (including, without limitation, your likeness and your voice) for any purpose, commercial, publicity, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of this who is before. Use and distribution may occur in all media formats and through all media channels.

This license shall apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership rights in your Contributions. You retain full ownership of all your Contributions and all intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of ​​the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, remove or otherwise modify any Contribution; (2) to reclassify the Contributions in order to place them in more appropriate places on the Site; and (3) pre-screen or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

  1. GUIDELINES FOR EXAMINATIONS

We may provide areas on the Site for you to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have direct experience with the person/entity that is the subject of the review; (2) your reviews must not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you must not draw any conclusion as to the legality of the conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or remove them, even if anyone considers the reviews to be objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We assume no responsibility for any examination or for any claim, liability or loss resulting from any examination. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, royalty-free, fully paid-for, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all exam-related content.

  1. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each such account, a “Third Party Account”) by: (1) providing your Third Party Account information connection via the site; or (2) allowing us to access your Third Party Account, as permitted by the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of the terms and conditions that govern your use of Third Party Accounts. , and without obliging us to pay any fees or subjecting us to any limitations on use imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Account, you understand that (1) we may access, make available and store (if applicable) any Content that you have provided and stored in your Third-Party Account (the “Social Network Content” ) so that it is available on and through the Site through your account, including without limitation any friend list and (2) we may submit and receive additional information from your third-party account to the extent that you are notified when you link your account with the third-party account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have made in such Third Party Accounts, personally identifiable information you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the Third Party Service Provider, Social Network Content may no longer be available on and through the Site. You will be able to deactivate the connection between your account on the Site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any social media content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and notifying you of contacts who have also registered to use the site. . You can disable the connection between the Site and your third-party account by contacting us using the contact details below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through that third-party account, except for the username and profile picture that are associated with your account.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site or Marketplace Offerings (“Submissions”) that you provide to us are non-confidential and shall become our exclusive property. We will own the exclusive rights, including all intellectual property rights, and shall have the right to use and distribute without restriction such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such Submissions, and you hereby warrant that such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be referred through the Site or Marketplace Offerings) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics , images, designs, music, sound, video, information, applications, software and other content or materials belonging to or originating from third parties (“Third Party Content”). These Third Party Websites and Third Party Content are not researched, monitored or checked for accuracy, appropriateness or completeness, and we are not responsible for the Third Party Websites accessible through the Site or any Third Party Content posted on , available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Websites or Third Party Content. The inclusion of, linking to, or permission to use or install any Third-Party Websites or any Third-Party Content does not imply our endorsement or approval. If you decide to leave the Site and access Third Party Websites or use or install any Third Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate from the Site or relating to any application you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and from other companies, and we assume no responsibility for such purchases which are exclusively between you and the relevant third party. You agree and acknowledge that we do not endorse any products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Further, you shall hold us harmless from any loss suffered by you or damage caused to you in connection with or resulting in any way from any Third Party Content or any contact with Third Party Websites.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including, without limitation, reporting such user to law enforcement authorities. law application ; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any or any portion of your Contributions; (4) in our sole discretion and without limitation, notice or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY
We care about privacy and data security. Please see our privacy policy: https://fanavis.com/politique-de-confidentialite/. By using the Site or Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please note that the site and the marketplace offers are hosted in Switzerland. If you are accessing the Site or Marketplace Offerings from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Switzerland, then, through your continued use of the site, you are transferring your data to Switzerland, and you expressly consent to your data being transferred to and processed in Switzerland.

  1. DURATION AND TERMINATION

These Terms of Use will remain in full force and effect while you are using the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING THE BLOCKING OF CERTAIN IP ADDRESSES), TO ANYONE FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED IN THESE TERMS OF USE OR ANY LAW OR APPLICABLE RULES. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or assumed name, or the name of a third party, even if you act on behalf of the third party. Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation civil, criminal and injunctive proceedings.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Site at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update the information on our site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice and at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee that the Site and Marketplace Offerings will be available at all times. We may encounter hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings . Nothing in these Terms of Service shall be construed to obligate us to maintain and support the Site or Marketplace Offerings or to provide any corrections, updates or releases in connection therewith.

  1. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of Switzerland, and use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you further benefit from the protection afforded to you by the mandatory provisions of the law of your country of residence. You and Darius Kabalisa both agree to submit to the non-exclusive jurisdiction of the courts of Geneva, which means that you may bring a claim to defend your consumer protection rights in relation to these Terms of Service. in Switzerland or in the EU country in which you reside.

  1. DISPUTE RESOLUTION

Informal negotiations

To expedite the resolution of and control the cost of any dispute, controversy or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by you or us (each, a “Party” and collectively , the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except Disputes expressly provided below) informally for at least __ days before initiating arbitration. These informal negotiations begin upon written notification from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relations between the Parties to this contract will be settled by an arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration which is part of the European Center of Arbitration having its seat in Strasbourg, and who are in force at the time of the filing of the request for arbitration, and the adoption of this clause constitutes acceptance. The seat of arbitration is Switzerland. The language of the proceedings is __. The applicable rules of substantive law are Swiss law.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority to have a Dispute arbitrated on a class action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the informal negotiation and binding arbitration provisions above: (a) any Dispute to enforce or protect, or concerning the validity of any of the intellectual property of a Party; (b) any dispute relating to or arising out of allegations of theft, hacking, invasion of privacy or unauthorized use; and (c) any request for an injunction. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any Dispute falling within the portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of such court.

  1. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to Marketplace Offerings, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the Site at any time, without notice.

  1. DISCLAIMER

THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SITE’S SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE SITE AND YOUR USE OF IT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THIS SITE AND WE ASSUME NO RESPONSIBILITY FOR ANY (1) ERRORS, ERRORS OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED ON THIS SITE, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTIES, AND /OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY IN NOR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by a third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) violation of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of any third-party rights, including but not limited to intellectual property rights; or (6) any overt harmful act towards any other user of the Site with whom you have connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification upon becoming aware of it.

  1. USER DATA

We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we make regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending e-mails to us and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the site, satisfy any legal requirement that such communication must be written. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, AGREEMENTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or to payments or granting of credit by any means other than electronic means.

  1. CALIFORNIA USERS AND RESIDENTS

If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 , Sacramento, CA 95834 or by phone at (800) 952-5210 or (916) 445-1254.

  1. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part-provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision or part-provision shall be deemed severable from these Terms of Service and shall not affect the validity and applicability of any other provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service shall not be construed against us by reason of having drafted them. You waive all defenses you may have based on the electronic form of these Terms of Service and the failure of the parties hereto to execute these Terms of Service.

  1. CONTACT US

To resolve a complaint about the Site or to receive further information regarding use of the Site, please contact us at:

डेरियस कबालिसा - info@fanavis.com