Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS WEBSITE. All users (“Users”) of this Website (“the Site”) agree that access to and use of this Site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this Site.
1. General Terms and Conditions
The following Terms and Conditions apply to all use of this Site by Users. By accessing or using the Site, each User agrees to be bound by the Terms and Conditions. FAIRWAY TECHNOLOGIES provides the information, services, text, graphics, links, or other material (“the Content”) on this Site to the User, conditioned on the User’s acceptance, without modification, of the Terms and Conditions.
The Content offered on this Site is provided with the understanding that neither FAIRWAY TECHNOLOGIES, nor any of its affiliated entities, is engaged in rendering legal or other professional services or advice. The use of the Site is subject to the additional disclaimers, caveats, and notices that may appear throughout the Site.
FAIRWAY TECHNOLOGIES, its subsidiaries, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While FAIRWAY TECHNOLOGIES strives to keep Content on this Site updated, accurate, and complete, FAIRWAY TECHNOLOGIES, its agents, and affiliated entities will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content.
The Content provided on this Site is intended for informational purposes only. Despite the efforts of FAIRWAY TECHNOLOGIES to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. FAIRWAY TECHNOLOGIES assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server.
THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FAIRWAY TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. FAIRWAY TECHNOLOGIES DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FAIRWAY TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF FAIRWAY TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Links to and from This Site
FAIRWAY TECHNOLOGIES does not have responsibility and shall not be liable for the accuracy or availability of information provided by Websites which are linked to the Site via hypertext or other computer “Links.” Links to external Websites are provided merely as a convenience to Users and do not constitute an endorsement by FAIRWAY TECHNOLOGIES of such Websites or the content, products, advertising, or other materials presented on such Websites, including any changes or updates thereto.
5. Employment Opportunities
FAIRWAY TECHNOLOGIES is an equal opportunity employer. Nothing in these materials shall constitute an offer of employment. Although FAIRWAY TECHNOLOGIES will use all reasonable efforts to maintain confidential any personal resumes or information submitted to it, FAIRWAY TECHNOLOGIES cannot guarantee that confidentiality will be maintained.
Copyright ©2003-2019 FAIRWAY TECHNOLOGIES.
The entire Content included in this Site, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FAIRWAY TECHNOLOGIES. The collective work includes works that are licensed to FAIRWAY TECHNOLOGIES. Copyright ©2003-2019 FAIRWAY TECHNOLOGIES. All rights reserved.
The Content is provided by FAIRWAY TECHNOLOGIES as a service to the public and is to be used for personal informational purposes only. Any violation of the foregoing conditions or use will subject the User to the possibility of full prosecution under applicable law.
No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the User may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content from the different areas of the Site solely for the User’s own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the Content of this Site is strictly prohibited. The User further agrees not to change or delete any proprietary notices from Content downloaded from the Site.
FAIRWAY TECHNOLOGIES may deliver notice to you by means of electronic mail, by general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in FAIRWAY TECHNOLOGIES’s account information.
9. Applicability of Terms and Conditions
The use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. The 1980 UN Convention on the International Sale of Goods is hereby expressly disclaimed.
Any cause of action or claim made by a User with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. FAIRWAY TECHNOLOGIES’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FAIRWAY TECHNOLOGIES may assign its rights and duties under the Terms and Conditions to any party at any time without notice to the User.
CONDITIONS of USE
Welcome to our online store! MYCOMPANY and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit MYCOMPANY or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MYCOMPANY or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MYCOMPANY, with copyright authorship for this collection by MYCOMPANY, and protected by international copyright laws.
MYCOMPANYs trademarks and trade dress may not be used in connection with any product or service that is not MYCOMPANYs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MYCOMPANY. All other trademarks not owned by MYCOMPANY or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MYCOMPANY or its subsidiaries.
LICENSE AND SITE ACCESS
MYCOMPANY grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MYCOMPANY. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MYCOMPANY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MYCOMPANY and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MYCOMPANYs name or trademarks without the express written consent of MYCOMPANY. Any unauthorized use terminates the permission or license granted by MYCOMPANY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MYCOMPANY so long as the link does not portray MYCOMPANY, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MYCOMPANY logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MYCOMPANY and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MYCOMPANY reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MYCOMPANY and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MYCOMPANY and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MYCOMPANY or its associates for all claims resulting from content you supply. MYCOMPANY has the right but not the obligation to monitor and edit or remove any activity or content. MYCOMPANY takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from MYCOMPANY are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
MYCOMPANY and its associates attempt to be as accurate as possible. However, MYCOMPANY does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MYCOMPANY itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MYCOMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYCOMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYCOMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYCOMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYCOMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting MYCOMPANY, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MYCOMPANY or its associates.
Any dispute relating in any way to your visit to MYCOMPANY or to products you purchase through MYCOMPANY shall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate MYCOMPANYs intellectual property rights, MYCOMPANY may seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to MYCOMPANY. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.