TERMS & CONDITIONS
Last Updated: June 3rd, 2011
Terms & Conditions
These are the terms & Conditions of use ("Terms of Use") for your use of services or features on the site owned and controlled by First American Brands, Inc. ("FAB"), including www.wantedbyjesse.com (the "Site"). We may add additional web sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com, www.twitter.com, http://www.youtube.com along others.
By using the Site, you signify your agreement to these Terms of Use, and our Privacy Policy (available at www.wantedbyjesse.com/privacy), whether or not you have read them. If you do not agree with any of these, you should not use our Site.
FAB reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in its sole discretion. If FAB decides to change these Terms of Use, FAB will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use, will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2011 First American Brands, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of FAB and protected by U.S. and international copyright laws. All software used on the Site is the property of FAB or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with FAB, using the Press Kit or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of FAB is strictly prohibited.
Trademarks
Wanted by Jesse is trademarks, and may not be used in connection with any product or service that is not offered by FAB in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FAB and Wanted by Jesse.
Product Information
The products displayed on the Site can be ordered and delivered only within the U.S. and Canada. Wanted by Jesse products displayed on the Site may be available in select stores in the U.S. and certain foreign markets. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Wanted by Jesse it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FAB.
All material and information presented by FAB is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. FAB does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. FAB does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Site, including any samples Wanted by Jesse may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from FAB. FAB reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by FAB in its sole discretion.
Color Information
While FAB has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site.
Your Use of Content on the Sites and Limitation of Liability
FAB provides the Site and all other applications and services on the Site as a forum only. FAB is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site, is controlled by FAB. FAB, however, cannot guarantee the accuracy, integrity or quality of such Content. You understand that by posting contents to the Site, you may be exposed to Content that may be offensive, indecent or objectionable and FAB shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will FAB be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Interactive Services.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. FAB reserves all rights not expressly granted in and to the Content.
Your Content Submissions
By submitting Content to FAB, you represent and warrant that:
" you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites; " you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize FAB to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use); " all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto; " all Content that you post is accurate; " you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that " use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
" is not false, inaccurate or misleading; " does not harm minors; " does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; " does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); " does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); " is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation; " is not submitted for compensation or other consideration from any third party; " does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; " complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules; " is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and " does not contain any computer viruses, worms or other potentially damaging computer programs or files.
FAB does not endorse any Content or any opinion, recommendation or advice expressed therein, and FAB disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to FAB, (a) such Content is not confidential or proprietary and FAB has no obligation of confidentiality, express or implied, with respect thereto; (b) FAB may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from FAB under any circumstances unless you are otherwise notified by FAB in writing.
For any Content that you submit, you grant FAB a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
Third Party Content and Third Party Sites
FAB may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. FAB does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between FAB and such third party. FAB does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. FAB is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk.
Mobile Services
If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
All Content that you submit is not confidential and may be used at FAB's sole discretion. FAB may or may not pre-screen Content. However, FAB and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, FAB and its designees will have the right to remove any Content that FAB deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. FAB does not guarantee that you will have any recourse through FAB to edit or delete any Content you have submitted. FAB reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings, written comments, questions and answers are generally posted within two to four business days. However, FAB reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not FAB, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of FAB, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Reservation of Rights
FAB reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Site. FAB may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of FAB (and its employees), its users and the public.
Disclaimer
FAB IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FAB DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FAB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
FAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold harmless FAB (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.
Applicable Law
The Site is created and controlled by FAB in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. FAB reserves the right to make changes to its Web site and these Terms of Use at any time.
Our Address
First American Brands, Inc.
8 West 38th Street, Suite #1102
New York, NY 10018 USA
General
Any claim or dispute between you and FAB that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York County, NY. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FAB's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND FAB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Terms & Conditions
These are the terms & Conditions of use ("Terms of Use") for your use of services or features on the site owned and controlled by First American Brands, Inc. ("FAB"), including www.wantedbyjesse.com (the "Site"). We may add additional web sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com, www.twitter.com, http://www.youtube.com along others.
By using the Site, you signify your agreement to these Terms of Use, and our Privacy Policy (available at www.wantedbyjesse.com/privacy), whether or not you have read them. If you do not agree with any of these, you should not use our Site.
FAB reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in its sole discretion. If FAB decides to change these Terms of Use, FAB will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use, will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright (c) 2011 First American Brands, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of FAB and protected by U.S. and international copyright laws. All software used on the Site is the property of FAB or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with FAB, using the Press Kit or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of FAB is strictly prohibited.
Trademarks
Wanted by Jesse is trademarks, and may not be used in connection with any product or service that is not offered by FAB in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FAB and Wanted by Jesse.
Product Information
The products displayed on the Site can be ordered and delivered only within the U.S. and Canada. Wanted by Jesse products displayed on the Site may be available in select stores in the U.S. and certain foreign markets. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Wanted by Jesse it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FAB.
All material and information presented by FAB is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. FAB does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. FAB does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Site, including any samples Wanted by Jesse may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from FAB. FAB reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by FAB in its sole discretion.
Color Information
While FAB has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site.
Your Use of Content on the Sites and Limitation of Liability
FAB provides the Site and all other applications and services on the Site as a forum only. FAB is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third Party Site, is controlled by FAB. FAB, however, cannot guarantee the accuracy, integrity or quality of such Content. You understand that by posting contents to the Site, you may be exposed to Content that may be offensive, indecent or objectionable and FAB shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will FAB be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Interactive Services.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. FAB reserves all rights not expressly granted in and to the Content.
Your Content Submissions
By submitting Content to FAB, you represent and warrant that:
" you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites; " you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize FAB to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use); " all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto; " all Content that you post is accurate; " you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that " use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
" is not false, inaccurate or misleading; " does not harm minors; " does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; " does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); " does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); " is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation; " is not submitted for compensation or other consideration from any third party; " does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; " complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules; " is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and " does not contain any computer viruses, worms or other potentially damaging computer programs or files.
FAB does not endorse any Content or any opinion, recommendation or advice expressed therein, and FAB disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to FAB, (a) such Content is not confidential or proprietary and FAB has no obligation of confidentiality, express or implied, with respect thereto; (b) FAB may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from FAB under any circumstances unless you are otherwise notified by FAB in writing.
For any Content that you submit, you grant FAB a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
Third Party Content and Third Party Sites
FAB may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. FAB does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between FAB and such third party. FAB does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. FAB is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk.
Mobile Services
If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
All Content that you submit is not confidential and may be used at FAB's sole discretion. FAB may or may not pre-screen Content. However, FAB and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, FAB and its designees will have the right to remove any Content that FAB deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. FAB does not guarantee that you will have any recourse through FAB to edit or delete any Content you have submitted. FAB reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings, written comments, questions and answers are generally posted within two to four business days. However, FAB reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not FAB, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of FAB, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Reservation of Rights
FAB reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Site. FAB may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of FAB (and its employees), its users and the public.
Disclaimer
FAB IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FAB DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FAB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
FAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold harmless FAB (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.
Applicable Law
The Site is created and controlled by FAB in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. FAB reserves the right to make changes to its Web site and these Terms of Use at any time.
Our Address
First American Brands, Inc.
8 West 38th Street, Suite #1102
New York, NY 10018 USA
General
Any claim or dispute between you and FAB that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York County, NY. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FAB's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND FAB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.