THE AGREEMENT:
The use of this website and services on this website provided by Falkel LLC (hereinafter referred to as "Company") is subject to
the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this
Website ("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us,We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it,
available to users. Company, Us, We, Ours, and other first-person pronouns will refer to the company as well as all of its employees and affiliates.
b) You, the User, the Client: Throughout this Agreement, you, as the user of the Website, will be referred to using second-person pronouns such as you, your, yours, or as user or client.
c) Parties: The parties to this agreement (the company and you) will be referred to collectively as the Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it.
If You do not agree to be bound by this Agreement, please leave the Website immediately.
The Company only agrees to provide use of this Website and Services to You if
You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein.
By using this Website, You represent and warrant
that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any
misrepresentation of Your age.
4) SALES
The Company may sell goods or services or allow third parties to sell goods
or services on the Website. The Company undertakes to be as accurate as
possible with all information regarding the goods and services, including
product descriptions and images. However, the Company does not guarantee
the accuracy or reliability of any product information, and You acknowledge
and agree that You purchase such products at Your own risk.
5) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and
You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email and
shipping address, as well as valid billing information. We reserve the right to
reject or cancel an order for any reason, including errors or omissions in the
information that You provide to us. If We do so after payment has been
processed, We will issue a refund to You in the amount of the purchase price.
We also may request additional information from You prior to confirming a
sale, and We reserve the right to place any additional restrictions on the sale
of any of Our products. You agree to ensure payment for any items You may
purchase from Us, and You acknowledge and affirm that prices are subject to
change. For the sale of physical products, We may preauthorize Your credit or
debit card at the time You place the order, or We may simply charge Your
card upon shipment. You agree to monitor Your method of payment.
Shipment costs and dates are subject to change from the costs and dates
that You are quoted due to unforeseen circumstances. For any questions,
concerns, or disputes, You agree to contact Us in a timely manner at the
following: help@falkel.com
For more information, please consult our dedicated Shipping Policy document
available on the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Products provided by the Company are
the property of the Company, including all copyrights, trademarks, trade
secrets, patents, and other intellectual property ("Company IP"). You agree
that the Company owns all right, title and interest in and to the Company IP
and that You will not use the Company IP for any unlawful or infringing
purpose. You agree not to reproduce or distribute the Company IP in any
way, including electronically or via registration of any new trademarks, trade
names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Company.
7) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email
address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information.
False or inaccurate information, or use of the Website or Services to further fraud or illegal activity, will result in the immediate termination of this Agreement.
8) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a)You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
II) To violate any intellectual property rights of the Company or any
third party;
III) To upload or otherwise disseminate any computer viruses or other
software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
VIII) To unlawfully gather information about others.
9) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website.
The Company may
also accept advertising and sponsorships from commercial businesses or
receive other forms of advertising compensation. This disclosure is intended
to comply with the US Federal Trade Commission Rules on marketing and
advertising, as well as any other legal requirements which may apply.
10) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with
certain information.
a) Information We May Collect or Receive: When You register for an
account, You provide Us with a valid email address and may provide Us
with additional information, such as Your name or billing information.
Depending on how You use Our Website or Services, We may also receive
information from external applications that You use to access Our Website
, or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to
ensure Your continued good experience on Our website, including
through email communication. We may also track certain aspects of the
passive information received to improve Our marketing and analytics,
and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our
access to any passive information We receive from the use of various
technologies, You may choose to disable cookies in Your web browser.
Please be aware that the Company will still receive information about You
that You have provided, such as Your email address.
11) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverseengineer, or attempt to reverse engineer or disassemble any
code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.
12) DATA LOSS
The Company does not accept responsibility for the security of Your account
or content. You agree that Your use of the Website or Services is at Your own
risk.
13) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the company may choose its own legal counsel and participate in its own defense if it so desires.
14) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and obtaining personal information from others, or sending mass commercial emails.
15) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
16) MODIFICATION & VARIATION
This Agreement may be modified by the Company at any time and without notice to you.
You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that All modifications to this Agreement are in full force and effect immediately upon posting on the Website modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) If any part or sub-part of this Agreement is deemed ineffective or invalid by a court of law, you agree that the prior, effective version of this Agreement will be considered enforceable and valid to the fullest extent permitted by law.
b) You agree to routinely monitor this agreement and to note changes or variations by referring to the Effective Date posted at the top of this agreement.
You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website following any modifications to this Agreement constitutes your continued acceptance of this Agreement.
c) If you fail to monitor any changes or variations to this Agreement, you agree that such failure shall be deemed an affirmative waiver of your right to review the modified Agreement.
17) ENTIRE AGREEMENT
This Agreement represents the parties' entire understanding with regard to any and all use of this Website.
This Agreement supersedes and replaces all prior or contemporaneous written or oral agreements or understandings regarding the use of this Website.
18) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis.
You agree that your access to the Website may be hampered by unanticipated or unscheduled downtime for any reason, but that the Company will bear no liability for any damage or loss caused by such downtime.
19) TERM, TERMINATION & SUSPENSION
The Company reserves the right to terminate this agreement with you at any time for any reason with or without cause. The Company expressly reserves the right to terminate this agreement if you violate any of the terms outlined herein, including, but not limited to, violating the company's or a third party's intellectual property rights, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. Any provisions that would be expected to survive termination by their nature shall remain in full force and effect upon the termination of this agreement.
20) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis.
The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.
You agree that any damage that may occur to you as a result of your computer system or data loss as a result of your use of the Website or Services is solely your responsibility, and that the Company is not liable for any such damage or loss.
21) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law.
The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
22) GENERAL PROVISIONS:
a) LANGUAGE: All communications and notices must be made or given in English in accordance with this agreement.
b) JURISDICTION, VENUE & CHOICE OF LAW:
Through Your use of the Website or Services, You agree that the laws from the Company’s headquarters shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise
This agreement is between you and the company, with the exception of its conflict of law provisions.
c) GOOD FAITH RESOLUTION: In the event of a dispute between the parties concerning or arising from this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith.
d) ASSIGNMENT: You may not assign, sell, lease, or otherwise transfer this Agreement or the rights granted hereunder in whole or in part.
If the company assigns, sells, leases, or otherwise transfers this Agreement or the rights granted hereunder, the company's rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If a court of law or a competent arbitrator rule that any part or sub-part of this Agreement is invalid or unenforceable, the remaining parts and sub-parts will be enforced to the greatest extent possible. In such a case, the remainder of this agreement will remain in full force and effect.
f) NO WAIVER: If we fail to enforce any provision of this Agreement, it shall not be construed as a waiver of any future enforcement of that provision or any other provision of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS ARE ONLY FOR CONVENIENCE: The headings of parts and sub-parts in this agreement are only for convenience and organization.
The meaning of any provisions of this agreement is unaffected by headings.
h) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: As a result of this Agreement, no agency, partnership, or joint venture has been formed between the Parties.
No party has any authority to bind the other party to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform caused by events beyond its reasonable control, including, but not limited to, natural disasters.
Acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, natural disasters, and other acts that may be due to unforeseen circumstances.
j) Electronic Communications Permitted: Electronic communications, such as e-mail or fax, are permitted to both parties under this agreement.
For any questions or concerns, please email Us at the following address: help@falkel.com.