FACEFACTS by Lori, Inc.
2. SITE CONTENT. All content included on the Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, scripts, service names and software, as well as the compilation of the content, is the property of FACEFACTS or of third parties from whom FACEFACTS has obtained a license for the content’s use, and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and intellectual property. You may not copy or use the content of the Site, in whole or in part, including but not limited to its copyright, trademark, trade dress and intellectual property, without the express, written consent of FACEFACTS.
3. LICENSE AND SITE ACCESS. FACEFACTS grants to you a non-exclusive limited license to access and make personal non-commercial use of the Site. This license does not entitle you to any resale or commercial use of the Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any person other than you; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not reproduce, duplicate, copy, sell or otherwise exploit for any commercial purpose the Site or any portion of its contents or FACEFACTS trademark, tradedress, logo or other proprietary information without FACEFACTS express written consent. This prohibition includes the use of “framing”, “metatags,” or any application which make hidden use of the FACEFACTS website or its proprietary content.
You are, however, permitted to download, print or email any pages from the FACEFACTS website for your personal and non-commercial use and to share that information or content with your friends and family. You are also permitted a limited, revocable and non-exclusive right to create a hyperlink to FACEFACTS homepage, so long as the link does not disguise the FACEFACTS name or obscure the fact that FACEFACTS is the source of content and does not portray FACEFACTS in a false, misleading, derogatory or otherwise offensive matter.
If you are under the age of 18, you must have the permission of your parent or guardian to access the Site or make use of its content, including the creation of User Account. Your parent or guardian must also agree to this Agreement on your behalf.
FACEFACTS reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. USER ACCOUNT. When visiting the Site, you will have the option to create a FACEFACTS User Account. The purpose of the FACEFACTS User Account is to streamline your experience with us. It is designed to help us serve you by saving information about you, your product preferences and purchase history. You will have the option of storing credit card or other information in your FACEFACTS User Account, so that you can avoid resending the information each time an order is placed. A FACEFACTS User Account will also allow you to see the status of your pending orders, view your saved shopping baskets and purchase history. Although you will be able to complete orders without a FACEFACTS User Account, you will not be able to take advantage of the streamlined and personalized shopping experience that a User Account offers.
When you create a User Account, you will be asked to create a name and password. You are in the best position to maintain the confidentiality of your User Account name and/or password and for restricting access to your computer or account. You will therefore be responsible for (a) the use of your information or access to the account by anyone with whom you share your information or authorize to use your account or b) any unauthorized use that results from your failure to protect the confidentiality of your User Account name and password.
5. PRODUCT INFORMATION. We are very proud of the products that we offer through the FACEFACTS Site. However, because of the technology used to represent those products on the Site, as well as the settings of your computer and monitor, there maybe occasions when the colors, texture or detail that you see on the screen may differ from the actual product. FACEFACTS therefore cannot guarantee that your monitor’s display of any color, texture or detail of the products will be accurate.
6. PRODUCT RETURNS. FACEFACTS guarantees your satisfaction with our products. If there is any reason that you are not completely satisfied with your online purchase from the Site, you have 30 days to return your product. Upon receipt of the product, we will credit your account within 7 business days. To make a return:
- Place item(s) in it its original packaging. Please ensure that it is packed well to protect the item from damage.
- Enclose a copy of the receipt, and indicate your reason for the return.
- Send to FACEFACTS by Lori, Inc., 995 East End, Woodmere, New York 11598.
- We recommend that you track your return package to ensure receipt, using the United States Postal Service UPS, or Federal Express.
- The cost of return shipping is your responsibility.
8. DISCLAIMER OF WARRANTIES. You agree that access to the Site and the use of the services provided there are solely at your own risk. All Services are provided by FACEFACTS on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THIS AGREEMENT, FACEFACTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. FACEFACTS DOES NOT MAKE ANY WARRANTY THAT ACCESS TO THE SITE OR THE SERVICES LICENSED HEREIN WILL MEET YOUR REQUIREMENTS OR THAT ACCESS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FACEFACTS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR THE PRODUCTS SOLD THEREON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACEFACTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACEFACTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, MISUSE OF OR INABILITY TO USE THE SITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE ARISING OUT OF THE USE, MISUSE OR UNAVAILABILITY OF THE SITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE SITE OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FACEFACTS, AND EVEN IF FACEFACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FACEFACTS BE LIABLE YOUR USE OR MISUSE OF THE SITE, SERVICES OR CONTENT PROVIDED IN CONNECTION HEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF FACEFACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR ANY SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND THE FULLEST EXTENT PERMITTED BY LAW.
12. APPLICABLE LAW. This Agreement will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws rules. You and FACEFACTS hereby agree to submit to the sole and exclusive subject matter jurisdiction, personal jurisdiction and venue of the Supreme Court State of New York, County of Nassau, or the United States District Court, Eastern District of New York.
13. YOUR CONDUCT. From time to time, there may be opportunities for you to communicate with others through the Site, including chat rooms, postings, emails, etc. You agree that you shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others. You also agree that you will not use lewd language, threaten physical or personal harm or otherwise engage in objectionable conduct while communicating with others through the Site, including FACEFACTS® product representatives. FACEFACTS reserves the right to remove any material posted by you to the Site that FACEFACTS, in its sole discretion, believes is lewd, threatening, inappropriate, objectionable, unlawful, in violation of the rights of others or otherwise in breach of this Agreement. You shall indemnify FACEFACTS and its affiliates (including, but not limited to, its owners, employees, officers and agents) for all third-party claims, including reasonable attorney’s fees, resulting from your use of the Site.
14. MISCELLANEOUS PROVISIONS.
(a) If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.
(c) Any waiver of any provision of this Agreement will be effective only if in writing and signed by FACEFACTS. The failure by FACEFACTS to enforce any provision of this Agreement or portion thereof does not act as a waiver or estop FACEFACTS from enforcement of the remaining terms.
(d) The section headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe or describe the scope or extent of any section or, in any way, affect such section.