CONDITIONS OF USE
CONDITIONS OF USE
Welcome to Fandes™ .com. Fandes, Inc. and/or its affiliates (“Fandes™ ”) provide website features and other products and services to you when you visit or shop at Fandes™ .com, use Fandes™ products or services, use Fandes™ applications for mobile, or use software provided by Fandes™ in connection with any of the foregoing (collectively, “Fandes™ Services.”) Fandes™ provides the Fandes™ Services subject to the following conditions.
By using Fandes™ Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Fandes™ Services, and sometimes additional terms may apply. When you use a Fandes™ Service (for example, Fandes™ devices, or Fandes™ applications) you also will be subject to the guidelines, terms, and agreements applicable to that Fandes™ Service (“Service Terms.”) If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY. Please review our Privacy Notice, which also governs your use of Fandes™ Services, to understand our practices.
ELECTRONIC COMMUNICATIONS. When you use Fandes™ Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fandes™ Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
COPYRIGHT. All content included in or made available through any Fandes™ Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fandes™ or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fandes™ Service is the exclusive property of Fandes™ and protected by U.S. and international copyright laws.
TRADEMARKS. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fandes™ Service are trademarks or trade dress of Fandes™ in the U.S. and other countries. Fandes™ 's trademarks and trade dress may not be used in connection with any product or service that is not Fandes's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fandes™. All other trademarks not owned by Fandes™ that appear in any Fandes™ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fandes™.
LICENSE AND ACCESS. Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fandes™ or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fandes™ Services. This license does not include any resale or commercial use of any Fandes™ Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fandes™ Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Fandes™ or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fandes™ Service, nor any part of any Fandes™ Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fandes™. 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 Fandes™ without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fandes's™ name or trademarks without the express written consent of Fandes™. You may not misuse the Fandes™ Services. You may use the Fandes™ Services only as permitted by law. The licenses granted by Fandes™ terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT. You may need your own Fandes™ account to use certain Fandes™ Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://fandes.com/vault/cards/listaction/ to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fandes™ does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fandes™ Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Fandes™ household. Alcohol listings on Fandes™ are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Fandes™ reserves the right to refuse service, terminate accounts, terminate your rights to use Fandes™ Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; 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 (including publicity 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" or unsolicited commercial electronic messages. 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. Fandes™ 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 Fandes™ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fandes™ 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 Fandes™ for all claims resulting from content you supply. Fandes™ has the right but not the obligation to monitor and edit or remove any activity or content. Fandes™ takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS. All purchases of physical items from Fandes™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE. Fandes™ does not accept any refunds or exchanges for any products sold. This policy extends to any defective, unwanted, or damaged merchandise. In lieu of all other remedies, Purchaser agrees to replacement for any defective, damaged, or otherwise unsatisfactory products. Due to the Covid-19 pandemic, we do not offer Exchanges, Returns, or Refunds of any kind on any items on govshop.fandes.com. All sales are final—no exceptions.
We apologize in advance for any inconvenience this may cause and trust that you understand we have your health and safety in mind. This policy prioritizes the health and safety for everyone we serve and work with. We ask that you refrain from placing orders should you not agree and accept these terms. We also encourage you to look closely at the details of what you are purchasing. For example, if you need a KN95 mask with a headband, but order a KN95 with ear loops, this will not be considered a defective item.
We will work on a case by case basis to investigate damaged or lost shipments, but we provide no guarantee of replacement due to limited supply of PPE during the pandemic.
PRODUCT DESCRIPTIONS. Fandes™ attempts to be as accurate as possible. However, Fandes™ does not warrant that product descriptions or other content of any Fandes™ Service is accurate, complete, reliable, current, or error-free.
APP PERMISSIONS. When you use apps created by Fandes™, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY. You may not use any Fandes™ Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fandes™ Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fandes™ Software), technology, and services.
OTHER BUSINESSES. Parties other than Fandes™ operate stores, provide services or software, or sell product lines through the Fandes™ Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Fandes™. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Fandes™ does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FANDES™ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FANDES™ SERVICES ARE PROVIDED BY FANDES™ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FANDES™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FANDES™ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FANDES™ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FANDES™ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FANDES™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FANDES™ DOES NOT WARRANT THAT THE FANDES™ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FANDES™ SERVICES, FANDES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FANDES™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FANDES™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FANDES™ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FANDES™ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Fandes™ Service, or to any products or services sold or distributed by Fandes™ or through Fandes™ .com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent InCorp Services, Inc., 5716 Corsa Ave Suite 110, Westlake Village, CA 91362-7354. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW. By using any Fandes™ Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, 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 Fandes™.
SITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies posted on this site. These policies also govern your use of Fandes™ Services. We reserve the right to make changes to our site, policies, Service Terms, 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.
OUR ADDRESS. Fandes, Inc., , 2625 Townsgate Road, Suite 330, Westlake Village, California 91361, https://www.fandes.com.
ADDITIONAL FANDES™ SOFTWARE TERMS. The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Fandes™ Services (the “Fandes™ Software.”)
- Use of the Fandes™ Software. You may use Fandes™ Software solely for purposes of enabling you to use the Fandes™ Services as provided by Fandes™, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Fandes™ Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Fandes™ Software in whole or in part. All software used in any Fandes™ Service is the property of Fandes™ or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Fandes™ Software, whether in whole or in part.
- We may offer automatic or manual updates to the Fandes™ Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Fandes™ Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Fandes™ Software are the same as the rights we grant to all others under these Conditions of Use.
- In the event of any conflict between these Conditions of Use and any other Fandes™ or third-party terms applicable to any portion of Fandes™ Software, such as open-source license terms, such other terms will control as to that portion of the Fandes™ Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS. Fandes™ accepts service of subpoenas or other legal process only through Fandes™ ’s national registered agent, InCorp Services, Inc., 5716 Corsa Ave Suite 110, Westlake Village, CA 91362-7354. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Fandes™ devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement policy at https://fandes.com/copyright-infringement-policy. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. You may submit written claims of copyright infringement to our Copyright Agent at: Copyright Agent, Fandes, Inc. Legal Department, 2625 Townsgate Road, Suite 330, Westlake Village, CA 91361.
Written claims concerning copyright infringement must include the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site; (iv) Your address, telephone number, and e-mail address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.