FHOOSH, Inc. Website Policies
This site is the property of FHOOSH, Inc., a Delaware corporation (“FHOOSH”). You must be at least 18 years of age to use this site. Your use of this site, and any information, products and Services made available through this site (collectively the “Services”) is subject to your agreement to the terms and conditions set forth herein. If you do not agree to be bound by these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.
Use of this site is solely at FHOOSH’s discretion, and FHOOSH reserves the right to prohibit anyone from accessing, browsing, purchasing Services, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that FHOOSH may adopt, modify and make available from time to time. FHOOSH may terminate your access to this site at any time with or without cause.
This site contains information proprietary to FHOOSH and its business partners and customers (“Information”) including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information, data and software related to FHOOSH, its business partners and its or their customers. You acknowledge that this Information is confidential and agree to take all possible measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The trademarks, logos and service marks (“Marks”) displayed on this site are property of FHOOSH. No one is permitted to use these Marks without the prior written consent of the CEO or President of FHOOSH.
The Services and products provided by FHOOSH are protected by multiple patents pending and other intellectual property rights. By using accessing this site, you agree to respect all FHOOSH intellectual property rights and not to improperly use, disclose or reverse engineer FHOOSH inventions or Information.
Our business partners or customers providing or using Information that is made available on this site, including you, are solely responsible for the accuracy and content of the Information supplied or used, and you agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.
If you make purchases on this site and pay by credit card, you grant to us permission to charge all fees incurred using the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all Services under this agreement and you will personally owe us any unpaid or owed balance. You will also be responsible for paying any applicable taxes and/or duties relating to your purchases.
In the event a Service is listed on the site at an incorrect price or with incorrect information, FHOOSH reserves the right to correct such information and price without liability and orders for such Services will be revised to reflect the correct price or information. FHOOSH reserves the right to reject any orders placed on the site with or without cause.
Limitations of Liability
- A) GeneralYou assume full responsibility and all risk of any loss resulting from your use of this site and any other FHOOSH Service or information received by you. FHOOSH is not responsible for content of other sites that may be referenced in, or linked to, this site. Except where prohibited by law, in no event will FHOOSH, or any of our employees, affiliates, subsidiaries, licensees, agents, officers, directors, stockholders, advisors, representatives or attorneys be liable to you for any indirect, consequential, exemplary, personal, incidental, special, punitive or any other damages, including, without limitation, lost wages or profits, even if FHOOSH has been advised of the possibility of such damages, arising out of or relating in any way to use of this site or any Service, and use of any information contained in our Services. If, notwithstanding the other provisions of these liability limitations, FHOOSH is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of our Services, this site, or information, then our total liability shall in no event exceed the greater of (1) the total amount paid by you for the cost of Services purchased by you from FHOOSH for the month preceding the applicable event, or (2) US$100; furthermore, you hereby release us and our employees, affiliates, subsidiaries, licensees, agents, officers, directors, stockholders, advisors, representatives, partners and attorneys from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply where prohibited.You waive any and all rights to a jury trial and to participate in a class action.
This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement shall be governed and construed in accordance with the internal laws of the State of California, USA, without regard for its conflict of laws principles. Any action in connection with this site and/or this agreement shall be brought only in state or federal court located in San Diego County, California, USA and you shall submit to the exclusive jurisdiction of the courts of such state.
The site actively collects Personal Information from you when you register with the site, when you send any e-mail to the site administrator, and when you submit any information to the site. The kinds of Personal Information you may provide include your name, address, phone number, e-mail address, user ID, credit card information, and other information that you include in any communication or submission. We may use this Personal Information to register you with the site, open an account with the site, to process purchase orders that you place through the site, to respond to your inquiry or the issue you pose to the site administrator, to post your submissions to the site and to provide information to others regarding your use of the site. We may also use Personal Information to notify you about Services that may be of interest to you. If you wish to subscribe to a newsletter that we may offer to you, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we plan to provide you a way to unsubscribe. If you no longer wish to receive our newsletter and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at info@FHOOSH.com.
The site may also passively collect certain kinds of information that reveal the frequency with which you visit the site, the times and dates of your visits, the pages you reviewed, your purchase history, Services that your view, persons with whom you interact and other information. Information is collected through various means. We use Internet protocol (IP) addresses to administer the site. We use navigational data, including log files and transmission data, to identify information about your web browser and operating system, the time period in which you visit the site or a portion of the site and other the site members with whom you collaborate. We also may use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate. This information is used to administer the site, report usage metrics and otherwise operate and improve the site content.
Like many Internet sites, this site may use small text files called “cookies” that are sent to the hard drive of your computer to store bits of information related to your use of the site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the site. The “Help” section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the site and your use of the site may be limited.
The site combines passively collected information (as described above) with actively collected Personal Information and such information may be recorded as part of your profile. We do record and use personal information provided by you in order to process orders on the site and provide customer service. This can include name, address information, shipping information and contact information you enter in the shopping cart. This information is used in conjunction with processing, shipping and fulfilling purchase orders.
We may disclose Personal Information to third party service providers performing Services on our behalf, including those hosting our servers and providing other technical support Services. We also may use third parties such as a payment processor to bill you for Services. When you purchase a Service, we will share your name, address, credit card details, and purchase amount as necessary for the third party to provide that service. Credit card information is normally transmitted over an encrypted connection to a payment processor and stored in a datacenter until the transaction is completed, at which point it is normally removed unless you have requested to store your credit card details securely at the processor for future transactions.
We also may disclose or transfer Personal Information (and any related information) as necessary or appropriate: to effectively process orders; to protect the security of the site; to protect ourselves and our affiliated companies against liability; to protect our customers; to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; if we believe in good faith that the law requires it; to the purchaser in connection with any sale, assignment, or other transfer of all or a part of our business or company; or where we believe in good faith that it is in the interest of the health, safety or protection of any third party. In any of these situations, the recipient of the Personal Information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
Links to Other Sites
This site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such other sites or any third party sites, blogs, etc. This privacy statement and our other policies apply only to information collected by this site.
Access to Personally Identifiable Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL) and/or other security techniques. However, it is important to note that transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information, nor can we guarantee that we will notify you of security breaches or other issues. However, we do take efforts to maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution.
Changes in this Privacy Statement