Last Revised: January 15, 2014
Your use of this Web site, other Internet Web sites operated or controlled by embrella (*FAFS*), and any other Website owned, affiliated with or controlled by FAFS that links to these Terms of Service (collectively, the *Sites*) is governed by these Terms (the *Terms*). Certain aspects of the Sites may also be subject to additional terms and conditions, whether on a particular Site or in a separate written or electronic agreement between you and FAFS or its affiliate programs for products, services or otherwise, and FAFS’ obligations with respect to such Sites or aspects thereof are solely as defined in such other agreements, and nothing in these Terms is intended to modify them. Your use of the Site(s) constitutes your acceptance of these Terms, without modification. If you do not agree to these Terms, you may not use the Site(s).
2. Limited License
FAFS grants you a limited license to make personal use only of the Sites. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) making derivative uses of the Sites and Site contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Sites or any information contained on the Sites, except as expressly permitted on the Sites; or (f) any use of the Sites other than for their intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, or proprietary right of FAFS or any third party.
3. Terms and Conditions of Sale
If you purchase any products from the Sites, then any terms, conditions and policies applicable to your purchase shall apply. By ordering products through this Site, you agree to be bound by and accept such terms and conditions.
4. Usernames and Passwords
You may be required to register to use part(s) of the Sites. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password. You should choose a username and password that does not relate to any readily accessible personal information, such as your name, birth date, telephone number, driver’s license, license plate or passport number.
Unless otherwise indicated, all Site materials and content, including, without limitation, the FAFS logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of FAFS or its licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials they contain for informational, non-commercial, personal use only. Any other use of the materials on the Sites-including without limitation any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of FAFS is strictly prohibited.
6. Repeat Infringer Policy
FAFS respects the intellectual property of others, and we ask our users to do the same. FAFS may at its own discretion, limit access to the Sites and/or terminate the accounts of any users, including without limitation any users who infringe the intellectual property rights of others.
7. Copyright Complaints
If you believe that any material on the Sites infringes upon any copyright which you own or control, or that any link on the Sites directs users to another Web site that contains material that infringes upon any copyright, which you own, or control, please promptly call FAFS at 1.800.222.0047.
Any service or product name or slogan contained in the Sites are trademarks of FAFS, its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FAFS or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, are the service mark, trademark, and/or trade dress of FAFS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FAFS. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You are granted a limited, non-exclusive right to create a hyperlink to any of the Sites for noncommercial purposes provided such link does not portray FAFS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any FAFS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page without FAFS’ prior express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FAFS or any third party.
FAFS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or any one of them, or Web sites linking to any of the Sites. The linked sites are not under the control of FAFS and FAFS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FAFS is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FAFS of the site or any information contained therein. Access to any third party site liked to from any of the Sites is entirely at your own risk and is solely governed by the terms and policies applicable to the third party sites, and not these Terms.
10. Third Party Content and Services
FAFS may provide links to Web pages and content of third parties (*Third Party Content*) as a service to those interested in this information. FAFS does not monitor nor have any control over any Third Party Content or third party Web sites. FAFS does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FAFS does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
You may submit information, content or other material to the Site(s). To the extent that you do so, with the exception of any credit card information that you provide in making a donation or otherwise in purchasing from FAFS, you hereby grant to FAFS an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such information, content or other material in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that FAFS is not under any obligation of confidentiality or restriction, express or implied, with respect to information, content or other material that you submit or other feedback. By transmitting, uploading, posting or submitting any information, content or material using the Sites, you represent and warrant that: (i) such information, content or material is not confidential, secret or proprietary information belonging to someone else; (ii) such information, content or material does not violate these Terms and will not cause injury to any person or entity; and (iii) no other party has rights in such information, content or material, in whole or in part, and that your transmission, posting, uploading or submission of the information, content or material does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against FAFS, or its licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in such information, content or material or any portion thereof. FAFS is not responsible for back-up or restoration of such information, content or material or for any loss of or disablement of access to such information, content or material.
12. Interactive Areas
The Sites may include discussion forums or other interactive areas, including blogs, chat rooms or bulletin boards (*Interactive Areas*). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to use the Interactive Areas or the Sites in a manner that, in FAFS’ sole discretion, violates these Terms or any other FAFS agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Sites or Interactive Areas. Without limiting any other right or remedy that FAFS may have, FAFS may suspend, deny or restrict your access to any Site or Interactive Area (and to take any other action FAFS deems appropriate to protect FAFS, our users and other Internet users). Without limiting the general policy stated above, you agree not to use the Sites (including by linking to the Sites), or any Interactive Areas in any manner that:
* could reveal the identity of a person who is or was in foster care or such a person’s family;
* is unlawful, harmful to minors, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
* would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, advocates violence, or that would otherwise create liability or violate any local, state, national, or international law;
* may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting anything to the Site(s) or an Interactive Area, you represent and warrant that you have the lawful right to distribute and reproduce such content;
* impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
* compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
* constitutes unsolicited promotions, advertising or solicitations;
* constitutes private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
* constitutes viruses, corrupted data or other harmful, disruptive or destructive files;
* decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate any of the Sites or that is available through the Sites;and
* in the sole judgment of FAFS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web sites, or which may expose FAFS or its users to any harm or liability of any type.
FAFS takes no responsibility and assumes no liability for anything posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. As a provider of interactive services, FAFS is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area. Although FAFS has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, FAFS reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Any use of the Interactive Areas or the Sites in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the web site.
You agree to indemnify, defend and hold harmless FAFS, and its affiliates, subsidiaries, directors, officers, employees, agents, attorneys, successors and assigns from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third party due to or arising out of (a) any information, content or other material you (or any parties who use your computer, with or without your permission) submit, post or upload to the Sites; (b) your use of the Sites (or use of the Sites by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of any relationship that you may have with FAFS or your ceasing to use the Sites. FAFS reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with FAFS in asserting any available defenses.
13. Dispute Resolution
If any dispute arises between us regarding these Site Terms or your use of any of the Sites, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association and shall be limited to the dispute between us; CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE PROHIBITED. The Arbitration shall take place in Middlesex County, New Jersey, before a single arbitrator to be agreed to by the parties. If the parties cannot agree on an arbitrator, you shall provide to FAFS a list of no less than ten qualified arbitrators free from conflict or the appearance thereof, from which FAFS will select one. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be New Jersey.
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN *AS IS* BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FAFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAFS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FAFS DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAFS DOES NOT REPRESENT OR WARRANT THAT THE SITES ARE SECURE OR THAT ANY USE OF THE SITE WILL BE UNINTERRUPTED. FAFS reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FAFS. Points of view or opinions in the Sites are those of the author and do not necessarily represent the official position or policies of FAFS.
15. Limitation of Liability
IN NO EVENT SHALL FAFS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, ANY OF THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FAFS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FAFS RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF FAFS WAS ADVISED OF THEM.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
16. Applicable Law
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms that is not arbitrated as set forth under Paragraph 13 above shall be filed only in the state and federal courts located in Middlesex County, New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms. The Sites are controlled and/or operated from the United States, and are not intended to subject FAFS to non-U.S. jurisdiction or laws.
Notwithstanding any of these Site Terms, FAFS reserves the right, without notice and in its sole discretion, to terminate your license to use any of the Sites, and to block or prevent future access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for convenience only and shall not be given any legal import.
19. Questions & Contact Information
Questions or comments about any of the Sites may be directed to FAFS at the email address email@example.com or call us at 1.800.222.0047.
Copyright © 2008 embrella
Monmouth Junction, NJ, USA
All rights reserved.
Effective July 15, 2008