TERMS &
CONDITIONS:
IMPORTANT:
Read these terms and conditions of use carefully before accessing or using this
Web site administered by FYOLIFE, subscribing to the services of FYOLIFE,
purchasing its products, downloading software, technology, content, or data,
and/or otherwise using the connected FYOLIFE services and products, and the
related FYOLIFE software, data and/or technology used, stored, licensed, or
accessed in connection therewith and the related intellectual property rights
embodied therein (collectively, the “FYOLIFE Technology”).
FYOLIFE is
willing to provide you with access to the FYOLIFE technology through this Web
site and make available all products and services to you upon the condition
that you accept all of the terms and conditions set forth herein, on any
registration or order form received by you from FYOLIFE or its affiliates in
connection with the FYOLIFE technology (collectively “Registration and Order
Forms”) and on any documents references herein or any additional terms and conditions
that can be viewed either on the pages containing any services or offerings, or
via a link on those pages or other directions to the additional terms and
conditions (collectively “The Agreement”). If you do not agree to these terms
and conditions of this agreement, promptly cease using the FYOLIFE technology,
and/or exit this page before downloading, accessing, suing, subscribing, or
installing the FYOLIFE technology or purchasing products or subscriptions from
FYOLIFE.
Authority:
By
accessing, subscribing, downloading and/or otherwise using the FYOLIFE
technology, you certify that: (a) you are at least 18 years of age, and that,
if you are acting on behalf of such party, (b) you have read this Agreement in
its entirety and have agreed to be legally bound by this Agreement, and (c)
agree to all the operating rules and policies of FYOLIFE that may be published
within the FYOLIFE Technology or this Web site.
Intellectual
Property:
The various
FYOLIFE Technologies contained in this Web site is owned and operated by
FYOLIFE and its licensors, and is protected by copyright and other intellectual
property laws under United States and international treaties. The compilation
and arrangement of all content, data, and other information found within the
FYOLIFE Technology is also the sole and exclusive property of FYOLIFE and its
licensors and is protected by U.S. and international intellectual property
laws. The “look and feel” of the FYOLIFE Web site and technology, meaning the
structure, sequence, and layout of words and graphical elements, as well as any
audiovisual components posted in the past or in the future, as well as button
shaped, color combinations, and any other graphical or navigational aspects of
the Web site are also proprietary to FYOLIFE and its licensors and is fully
protected under U.S. and international intellectual property laws.
Use of FYOLIFE Web site and included Technology
Subject to
the terms and conditions set forth herein and any third party restrictions,
FYOLIFE grants you a non-transferable, non-exclusive and non-sublicenseable
limited right and license to view, use, access, the FYOLIFE technology and Web
site to: (a) incidentally view, print, and download the content, either visual
or otherwise, images, text, graphics, photographs, audio, video, and other
content available at the FYOLIFE Web site solely for your informational
purposes, and for your immediate, private, personal, and non-commercial use,
and (b) make purchases of goods and services, subscriptions, through the links
found on this Web site or through associated FYOLIFE technology, provided you
retain all FYOLIFE copyright and propriety notices contained in the original
materials or an copies thereof.
All rights
not expressly stated herein are reserved by FYOLIFE and FYOLIFE disclaims any
and all implied licenses. Without limiting the foregoing, you agree not to: (i)
reverse engineer, decompile, reverse compile, translate, adapt, or disassemble
or otherwise access the FYOLIFE Technology, or any part thereof; (ii) copy,
distribute, display, transmit or reproduce the FYOLIFE Technology, or any part
thereof, in any form, including, but not limited to, fonts, icons, link
buttons, wallpaper, and unlicensed merchandise; (iii) publish, display,
disclose, sell, rent, lease, modify, store, loan, distribute, publicly display
or perform, co-brand, frame, permit third parties to link to, or create
compilations or derivative works of FYOLIFE, or any part thereof, including,
but not limited to, using any part of the FYOLIFE Technology to create fonts,
icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign,
sublicense, convey, transfer, pledge as security or otherwise encumber the
rights and licenses granted hereunder; or (v) use the FYOLIFE Technology in any
fashion that may infringe any patent, copyright, trademark, trade secret or any
other intellectual property or proprietary right of FYOLIFE, its third party
suppliers or any other third party; (vi) upload, post, email, transmit or
otherwise make available any material that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (vii) use FYOLIFE Technology to harm minors in any way; (viii)
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity using FYOLIFE Technology; (ix) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the FYOLIFE Technology; (x) upload, post,
email, transmit or otherwise make available any materials that you do not have
a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
'junk mail,' 'spam,' 'chain letters,'
'pyramid schemes,' or any other form of solicitation; (xii) upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; (xiii) interfere with or disrupt the
FYOLIFE Technology or servers or networks connected to the FYOLIFE Technology,
or disobey any requirements, procedures, policies or regulations of networks
connected to the FYOLIFE Technology (including, but not limited, to this Web
site); and (xiv) 'stalk' or otherwise harass another; or collect or
store personal data about other users.
You agree not
to access the FYOLIFE Technology by any means other than through the interface
that is provided to you by FYOLIFE for use in accessing the FYOLIFE Technology.
By posting
of information or other materials on this Web site or within the FYOLIFE
Technology or by making such information available for downloading by you,
FYOLIFE does not waive any proprietary right in and to the FYOLIFE Technology
(including, but not limited to, copyright, service mark, trademark, patent,
trade secret or other intellectual property or proprietary right) and does not
transfer any rights to you in the FYOLIFE Technology except for the limited
license expressly granted herein.
Submissions
Any and all
comments, suggestions, ideas, tips, graphics, personally identifiable
information and any other information that you transmit to FYOLIFE through the
FYOLIFE Technology ('Submission') become and will remain the sole and
exclusive property of FYOLIFE and may be used by FYOLIFE anywhere, anytime and
for any reason whatsoever, including, but not limited to, developing,
manufacturing, and marketing products and services incorporating the
Submission, subject only to our Privacy Policy with respect to our use of your
personally identifiable information. By making a Submission, you waive the right
to make any claim against FYOLIFE or any of its respective parents,
subsidiaries, affiliates, employees, agents, directors, officers, and
shareholders related to the Submission, including, but not limited to, unfair
competition, invasion of privacy, negligence, breach of implied contract or
breach of confidentiality, and you further waive all moral rights you may have
in any materials uploaded or sent to us by you. To the extent FYOLIFE does not
acquire full ownership to your Submission, you hereby assign all right, title
and interest in and to your Submission to FYOLIFE. You agree to execute any
instruments and to do all things reasonably requested by FYOLIFE to vest in
FYOLIFE all right, title and interest in and to your Submission. You also
hereby irrevocably designate and appoint FYOLIFE and its duly authorized
officers and agents as your agent and attorney in fact, which appointment is
coupled with an interest, to act for and in its behalf to execute, verify and
file any document and do any other lawfully permitted acts to further the
purpose of the foregoing sentences with respect to the ownership of the
Submission as if executed by you.
You
represent and warrant that your Submissions: (a) shall be true to the best of
your knowledge, accurate, current, complete and not misleading, (b) shall not
violate the rights of any third party, including, but not limited to,
intellectual property and proprietary rights, (c) shall contain visual
depictions of persons who were at least 18 years of age when said visual
depiction was created, (d) shall not be fraudulent or involve counterfeit or
stolen information or items, (e) shall not violate any law, statute, ordinance
or regulation, and (f) shall not create any liability for FYOLIFE. You also
agree to maintain and promptly update your Submissions by means of the FYOLIFE
Technology in order to keep that information true, accurate, current and
complete.
Participation
Disclaimer
FYOLIFE does
review all Submissions posted to or created by users accessing the FYOLIFE Technology
(including, but not limited to, this Web site), and is the final judging part
on whether the content merits publishing on the Web site, books, materials, or
via any other transmission. You, the submitter, is solely responsible for the
content of these communications and your personal activities in regard to the
Technology. You acknowledge that by providing you with the ability to view and
distribute user-generated content through the FYOLIFE Technology (including,
but not limited to, this Web site), FYOLIFE is merely acting as a passive
conduit for the distribution of such information and is not undertaking any
obligation or liability relating to the content or the users’ activities. Even
though FYOLIFE may monitor and review transmissions, we assume no
responsibility or liability which may arise from the content thereof,
including, but not limited to, claims for defamation, libel, slander,
infringement, invasion of privacy, obscenity, pornography, profanity or
misrepresentation. Notwithstanding the foregoing, FYOLIFE reserves the right to
block or remove communications, postings, or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark, patent, trade secret or other
intellectual property rights of another or (d) offensive or otherwise
unacceptable to FYOLIFE in its sole discretion.
Trademarks
Any and all
trademarks displayed within the FYOLIFE Technology are owned by FYOLIFE, its
licensors or its affiliates.
Confidentiality
At all times
during the term hereof and at all times thereafter, you shall keep confidential
and not disclose, directly or indirectly, and shall not use for the benefit of
yourself, or any other individual or entity, any Confidential Information of
FYOLIFE. 'Confidential Information' means any Submissions, trade
secrets, or confidential or proprietary information whether in written,
digital, oral or other form that is unique, confidential or proprietary to
FYOLIFE or its licensors, including, but not limited to, all parts of the
FYOLIFE Technology and any other materials or information related to the
business or activities of FYOLIFE that are not generally known to others
engaged in similar businesses or activities.
Warranty
Disclaimer
You access
and use the FYOLIFE Technology at your sole risk. The FYOLIFE Technology is
provided to you on an 'as is' and “as available” basis. To the
fullest extent permissible pursuant to applicable law, FYOLIFE disclaims all
warranties (whether express, statutory or implied) of any kind, including, but
not limited to, implied warranties of title, merchantability, data accuracy,
system integration, fitness for a particular purpose, non-infringement and any
other warranty arising under the uniform commercial code, usage of trade,
course of conduct or otherwise.
Without
limiting the foregoing, FYOLIFE does not represent or warrant that (a) the
FYOLIFE Technology will be uninterrupted, timely, secure or error-free, (b) the
defects in the FYOLIFE Technology will be corrected, (c) the FYOLIFE Technology
or the servers that operate the FYOLIFE Technology are free of viruses or other
harmful components, (d) the data, results and information within the FYOLIFE
Technology will be correct, accurate, adequate, useful, reliable or otherwise;
and (e) the FYOLIFE Technology will meet your needs, requirements or
expectations.
FYOLIFE may
make changes to the content within the FYOLIFE Technology or to the products or
services described in it, at any time without notice to you. Further, FYOLIFE
assumes no liability or responsibility for any errors or omissions in the
content within the FYOLIFE Technology. The materials in the FYOLIFE Technology
may be out of date or inaccurate, and FYOLIFE specifically disclaims any duty to
update such content.
Any material
downloaded or otherwise obtained by you through the use of the FYOLIFE
Technology is done at your sole discretion and risk. You will be solely
responsible for any damage to your computer system or loss of data that results
from the downloading of any such material including, but not limited to, damage
caused by viruses.
You
acknowledge and agree that FYOLIFE shall not be responsible or liable for (i)
any unauthorized access to or alteration of your Submissions; (ii) any Submission
sent or received or not sent or received and (iii) any Submission stored on
storage devices owned, operated or controlled by FYOLIFE. You acknowledge and
agree that FYOLIFE shall not be responsible or liable for any Submissions or
conduct of any third party, including, but not limited to, content sent using
and/or included within the FYOLIFE Technology provided by any other user of
this Web site or any third party licensors or suppliers of FYOLIFE.
Some states
do not permit limitations or exclusions on warranties, so the above limitations
may not apply to you. If any of the exclusions set forth in this Section is
determined by a court of competent jurisdiction to be unenforceable, then all
such express, implied and statutory warranties shall be limited in duration for
a period of thirty (30) days after the date on which you first access the
FYOLIFE Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER
FYOLIFE, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE FYOLIFE
TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE
FYOLIFE TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS,
OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE
OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE FYOLIFE TECHNOLOGY OR FROM
YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEB SITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE
DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE FYOLIFE TECHNOLOGY; THE
LINKING TO OTHER WEB SITES FROM THE FYOLIFE TECHNOLOGY; THE SERVICES, PRODUCTS
OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEB SITE; COMPUTER VIRUS
OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS
MENTIONED WITHIN THE FYOLIFE TECHNOLOGY WHETHER OR NOT FYOLIFE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL
FYOLIFE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND
CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU
TO FYOLIFE FOR ACCESS AND USE OF THE FYOLIFE TECHNOLOGY OR THE PURCHASE PRICE
OF ANY GOODS OR SERVICES PURCHASED THROUGH FYOLIFE TECHNOLOGY, OR, IN ALL OTHER
CASES, FIVE DOLLARS ($5.00).
SOME STATES
DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to FYOLIFE Technology
You shall be
responsible for obtaining access to the FYOLIFE Technology and for all
equipment necessary to access the FYOLIFE Technology and you acknowledge that
obtaining the foregoing may involve third-party fees (such as internet service
provider or airtime charges). You are responsible for all charges associated
with connecting you to the FYOLIFE Technology, including, without limitation,
all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be
asked to register as a member on certain pages or services within the FYOLIFE
Technology and to select a unique username and password in order to be able to
access your account and use any of the FYOLIFE Technology. As a registered
member, you are responsible for maintaining the confidentiality and security of
your username and password and shall be responsible for all uses of your
username and password, including, but not limited to, any purchases facilitated
through the use thereof, whether or not in fact authorized by you. You agree to
immediately notify FYOLIFE in writing of any breach of security, including,
without limitation, unauthorized use of your username or password. You also
understand that exiting immediately from your account (i.e., “logging off”) at
the end of each session will enhance your account security and that failure to
do so may permit other persons having access to your computer to use, or
modify, your account. If you permit any person to use your username and
password, you shall be liable for all activity and transactions made by that
person including transactions for which you may not have authorized.
Please
notify us immediately of any unauthorized use of your user name and password
via email to admin@FYOLIFE.com.
Security
The FYOLIFE
Technology resides on the public internet. FYOLIFE uses commercially reasonable
measures to protect the confidentiality and security of any communications
transmitted to FYOLIFE and any information stored on servers controlled by
FYOLIFE. Notwithstanding these efforts, FYOLIFE cannot guarantee the
confidentiality and security of such electronic communications and storage
devices used to store such information (including, personally identifiable information)
and disclaims all liability arising therefrom.
Without
limiting the foregoing, you shall not (a) violate or attempt to violate the
security of the FYOLIFE Technology; (b) access data or materials not intended
for you; (c) log into a server or account which you are not authorized to
access; (d) attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures; or (e) attempt to
interfere with service to any user, host or network, including, without
limitation, by means of submitting a virus to the FYOLIFE Technology,
overloading, 'flooding,' 'mailbombing' or
'crashing' the FYOLIFE Technology. Violations of system or network
security may result in civil or criminal liability. FYOLIFE reserves the right
to investigate occurrences that may involve such violations and may involve and
cooperate with, law enforcement authorities in prosecuting users who have
participated in such violations.
Representations
Subject to
the terms and conditions set forth herein, you may use the FYOLIFE Technology
only for lawful purposes. The FYOLIFE Technology is subject to, and you agree
that you shall at all times comply with, all applicable local, state, national,
and international laws, statutes, rules, regulations and ordinances including,
but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law that are applicable to the use of the
FYOLIFE Technology and to your Submission.
Content
Submitted of Made Available for Inclusion on the Service
By uploading, submitting or otherwise disclosing or
distributing Content for display or inclusion on the Site, you represent and
warrant that you own all rights in the Content and you agree that the Content
will be dedicated to the public domain under the Creative Commons Public Domain
Dedication, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on
any external sites to which the Services link.
Indemnification
You agree to
indemnify, defend, and hold harmless FYOLIFE, its affiliates, agents, vendors,
distributors, licensors and suppliers and their officers, directors, and
employees from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from (a) any violation of the terms and
conditions of this Agreement, (b) any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
your account, (c) your use of (or inability to use) the FYOLIFE Technology; and
(d) any use of your Submission by FYOLIFE or any other party, including, but
not limited to, any third party claim of infringement of an intellectual
property or proprietary right or invasion of privacy or publicity.
Termination
You agree
that FYOLIFE, at its sole discretion, may terminate or suspend your access to
and use of the FYOLIFE Technology (or any part thereof) at any time and for no
or any reason whatsoever, including, without limitation, for lack of use by you
or if FYOLIFE believes that you have violated or acted inconsistently with the
terms and conditions of this Agreement. FYOLIFE reserves the right at any time
to modify or discontinue, temporarily or permanently your access to and use of
the FYOLIFE Technology (or any part thereof) without notice. You agree that
FYOLIFE shall not be liable to you or to any third party for any modification,
suspension or discontinuance of your use of or access to the FYOLIFE
Technology. Your obligations under this Agreement shall continue even after
FYOLIFE has terminated and/or cancelled this Agreement or your access to the
FYOLIFE Technology.
Resale Prohibited
Products
sold from this Web site may not be resold by you as new or distributed to or
through dealers. Notwithstanding anything to the contrary herein, FYOLIFE
reserves the right to adjust your order to ensure compliance with the terms and
conditions of this Agreement, and/or refuse to complete your order for goods
and services.
Product
Display/Colors & Specifications
The FYOLIFE
Technology (including, but not limited to, this Web site) attempts to display
product images shown through it as accurately as possible. However, FYOLIFE is
not responsible for and cannot guarantee the performance or price of any goods,
products or services advertised through the FYOLIFE Technology, and cannot
guarantee that the image or color you see displayed on your monitor represents
the actual product or conforms to the specifications of the product you have
selected.
Features,
pricing and specifications of products and/or services described or depicted
through the FYOLIFE Technology (including, but not limited to, this Web site)
are subject to change at any time without notice. Weights and measures are
approximate.
Applicability of Content
This Web
site is operated in the State of California, inside the United States of
America, and FYOLIFE makes no representation that the content provided through
the FYOLIFE Technology are applicable or appropriate for use in jurisdictions
other than the United State of America. If you access our FYOLIFE Technology
(including, but not limited to, this Web site) from outside of the United
States, please be aware you are responsible for compliance with any applicable
laws. To the extent any applicable local laws prohibit your viewing and use of
the FYOLIFE Technology, you may not view or use the FYOLIFE Technology.
Privacy Policy
We realize
that you are concerned about how the information you provide online will be
used. FYOLIFE has a Privacy Policy that discloses what information FYOLIFE
collects about you, how FYOLIFE uses such information, the steps FYOLIFE takes
to secure such information, how you can view and correct such information and
how you can decline to have such information about you collected or used. The
Privacy Policy is available on this Web site and is incorporated herein by this
reference. Please read our Privacy Policy for more details.
Jurisdiction
This
Agreement shall be governed and construed in all respects by the laws of the
State of California, without regard to principles of conflict of laws and
without application of the Uniform Computer Information Transaction Act and the
United Nations Convention of Controls for International Sale of Goods. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of FYOLIFE Technology, and purchases
of products and/or services through the FYOLIFE Technology must be filed within
one (1) year after such claim or cause of action arose or be forever barred, and
you expressly waive any other statute of limitation which otherwise may apply.
You agree to submit to the exclusive jurisdiction of the courts of the State of
California, or United States District Court for resolution of any dispute,
action or proceeding arising in connection with this Agreement or your use or
non-use of this Web site. You hereby irrevocably waive any right you may have
to trial by jury in any such dispute, action or proceeding.
FYOLIFE Intellectual Property Notice
Pursuant to
the Digital Millennium Copyright Act, FYOLIFE has designated the person listed
below as its agent to receive notifications of alleged copyright infringement
on this Web site. FYOLIFE respects the intellectual property of others, and
asks our users to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide FYOLIFE's Copyright Agent
the following information (the 'Notice'): (a) an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest; (b) a description of the
copyrighted work or other intellectual property that you claim has been
infringed; (c) a description of where the material that you claim has been
infringed is located in the FYOLIFE Technology; (d) your address, telephone
number and email address; (e) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent or the law; and (f) a statement by you, made under penalty of perjury,
that the information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf.
Order of
Preference
This
Agreement governs your use and access to the FYOLIFE Technology. This Agreement
does not modify, alter or amend any other specific agreement you have entered
or will enter into with FYOLIFE. To the extent that any provision of this
Agreement, or any supplemental agreement offered as any part of any
registration for additional services on this Web site or within the FYOLIFE
Technology, conflicts with any provision of your other agreements with FYOLIFE,
the terms and conditions of such other agreement shall, take precedence over
the conflicting term(s) and conditions of this Agreement.
Links to
Other Web Sites
The FYOLIFE
Technology may now, previously, or in the future, contain and publish links to other
web sites (“Third Party Sites”) controlled or offered by third parties
(non-affiliates of FYOLIFE). FYOLIFE is not responsible for the content,
accuracy or opinions expressed on such Third Party Sites and such sites are not
investigated, monitored or checked for accuracy or completeness by FYOLIFE.
FYOLIFE hereby disclaims any and all liability for, any information, materials,
products or services posted or offered at any of the Third Party Sites. By
creating a link to Third Party Sites, FYOLIFE does not endorse or recommend any
products or services offered or information contained at Third Party Sites, nor
is FYOLIFE liable for any failure of products and services offered or
advertised at those sites. Such third parties may have a privacy policy different
from that of FYOLIFE and Third Party Sites may provide less security than
FYOLIFE. Without limiting the foregoing, the FYOLIFE Technology may contain
offers from FYOLIFE for products and services that may be obtained only by
linking to the merchant web site to complete the transaction. Terms of the
offer shown on the FYOLIFE Technology, including, but not limited to, price,
color, quantity, availability and description may vary from those show on the
merchant’s web site. Differences in the terms of an offer between what is
displayed in connection with the FYOLIFE Technology and what is offered at the
merchant web site will be governed by the terms shown on the merchant’s web
site. FYOLIFE is not responsible or liable for any such differences or discrepancies.
Revisions and Consents
FYOLIFE
reserves the right to revise the terms and conditions of this Agreement at any
time and for no or any reason whatsoever. FYOLIFE also reserves the right to
make changes at any time, without notice or obligation, to any of the
information, products or services contained on or offered through the FYOLIFE
Technology (including, but not limited to, on this Web site). Such updates,
revisions, supplements, modifications and additional rules, policies, terms and
conditions shall be effective immediately and incorporated in this Agreement
upon notice thereof, which may be given by any reasonable means, including, but
not limited to, posting such changes on this Web site. By continuing to enter
this Web site and/or using the FYOLIFE Technology, you acknowledge and agree
that you shall be bound by any such revisions. Accordingly, you should
periodically review the terms and conditions of this Agreement.
18 U.S.C.
Section 2257 Compliance Notice
All
pictures, graphics, videos or other visual media displayed on this Web site are
exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because
said visual media do not consist of depictions of conduct as specifically
listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions
of non-sexually explicit nudity, or are depictions of simulated sexual conduct,
or are otherwise exempt because the visual depictions were created prior to
July 3, 1995.
The owners
and operators of this Web site are not the primary producer (as that term is
defined in 18 USC section 2257 or subsequent case law defining such) of any of
the visual content contained in the Web site.
Entire Agreement
This
Agreement constitutes the entire agreement between you and FYOLIFE with respect
to the subject matter addressed herein, and governs your access to and use of
the FYOLIFE Technology, superseding any prior agreements between you and
FYOLIFE relating to such subject matter, but this Agreement may be supplemented
by any other agreement you enter into with FYOLIFE pursuant to your enrollment
and/or participation in other features of the FYOLIFE Technology.
Arbitration
Except for
the failure to pay any fees and/or disputes concerning a breach of the scope of
the license granted herein, any other dispute arising out of, relating to or in
any way connected with this Agreement, on written request of either party
served on the other, shall be submitted to final and binding arbitration before
a single arbitrator. If the parties are unable to agree on an arbitrator within
thirty (30) days after a party has served notice of a request to arbitrate,
then an arbitrator shall be selected by the American Arbitration Association
pursuant to its then-current rules, within fifteen (15) days after the Parties
are unable to agree on the arbitrator. Arbitration shall take place in the City
of Omaha in accordance with the Rules and Regulations of the American
Arbitration Association (Commercial Division).
General
Provisions
If any part
of this Agreement is unlawful, void, or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of the remaining
provisions of this Agreement. You agree that if any part of the terms and
conditions of this Agreement are found to be unenforceable, then the remainder
of the terms and conditions of this Agreement will remain in full force and
effect.
FYOLIFE’s failure to insist upon or enforce strict performance
of any provision of the terms and conditions of this Agreement shall not be
construed as a waiver of any other provision, term or right set forth herein.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of the terms and conditions of this Agreement. FYOLIFE may assign
its rights and duties under this Agreement to any party at any time without
notice to you. You may not assign this Agreement or the rights granted herein
to any party without the prior written consent of FYOLIFE. The section headings
used in this Agreement are for convenience only and have no legal or
contractual effect.