This use of this Web site ("Site") and any services ("Services") available through this Site are provided conditional upon your acceptance of the terms and conditions of use set out below (the "Agreement").
By using this Site, including without limitation by browsing, viewing, accessing or downloading information, whether or not you register and become a member ("Member") on the Site, you agree to accept and abide by the provisions set out in this Agreement for each visit to the Site or use of the Services. If you do not agree to this Agreement in its entirety, then you should not access this Site or use the Services.
This Agreement is entered into between Heathbuild Ltd | 19 Cheltenham House, Exeter Close Watford, WD24 4BL, England and you.
You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions. You may not use the Site, register as a Member or use any Services unless you can enter into legally binding agreements under applicable law and in any event unless you are at least 18 years of age.
Your use of the Site may be affected by other agreements between you and us or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.
Charges made to your credit card will appear under "faydag.com (800)304-4128", operated by Heathbuild Ltd, an eCommerce Merchant located in the United Kingdom.
Governed by the laws of England and Wales.
We take reasonable precautions to keep the details of your order and of any correspondence that you sent through the use of the Site and Services secure but we cannot be held liable for any losses as a result of unauthorized access to information provided by you.
We may modify, update or discontinue the Site or Services or any part of the Site or Services at any time without notice.
This Site is made available for your personal use only. You may not make any commercial use of the Site whatsoever, including without limitation for the purposes of selling products or services or to increase traffic to your or any other Websites.
We grant to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement.
We grant to you a non-exclusive, non-transferable, revocable and limited right to create a hyperlink to the home page of the Site, so long as the link does not portray us, our affiliates, or their products or services in a false, misleading or derogatory manner or in any manner that may depreciate the goodwill associated with us. You may not use or reproduce any of our content, including any of our trademarks, as a part of a link to us without our express written consent.
This agreement and any license granted to the Site and to use any Services will immediately terminate upon any unauthorized use of the Site or upon any breach of the provisions of this Agreement.
In addition to any other limitations set out in this Agreement, you may not nor will you allow others to, directly or indirectly:
You must register on the Site to become a Member by supplying certain registration information ("Registration Information") including without limitation your name, telephone number, mailing address, email address and credit card information for billing purposes.
You represent and warrant to us that all Registration Information will be accurate.
You are not permitted to share your username or password with others or permit or authorize others to use your Membership. You are responsible for maintaining the confidentiality of your username, password and any other account access information. You will not permit others to access your account and are fully responsible for restricting access to your computer and account. You accept full responsibility for all actions taken using your account or password.
You must pay for all charges associated with becoming a Member and required for the provision of the Services or any other services, subscriptions or products obtained through the Site, including any delivery charges whether billed by us or a third party carrier.
Payment must be received in full prior to acceptance of any orders. For credit card payments, your credit card will be charged when you become a Member or place any order for Services.
We may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us through this Site. However, we do not guarantee the security of any information including any financial information transmitted to or from this Site.
Other than the financial information, you are not permitted to send or transmit any confidential or proprietary information to us through this Site. Except for the financial information referred to above or personal information about you, any information that you send to us through this Site will be deemed not to non-confidential information to which you have granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it in other works.
We may provide links to sites operated by third parties, including without limitation to the sites of third party payment processors.
These links do not constitute affiliation, endorsement, sponsorship or recommendation by us of the third parties, the linked site, content, services or products available on or through such third party sites.
If you access or otherwise use third party sites or if you have any dealings with third parties, including advertisers found on the Site, you acknowledge that you do so subject to any terms and conditions and any privacy policies applicable to those sites and that you do so at your own risk. We are not responsible for the availability of linked sites or for their content, services, products, actions or inaction's.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. We shall have no liability whatsoever for any third party material, data, information or other content.
All content on the Site, including all text, graphics, icons, images, audio or video clips and software is our property or the property of our licensors and is subject to copyright.
All compilations of content on the Site are our exclusive property and subject to copyright and other intellectual property laws.
All marks displayed on the Site are trademarks or registered trademarks belonging to us or to our affiliates or licensors. The Site look and feel, layout, graphics, icons and images constitute trademarks or trade dress belong to us. Our trademarks and trade dress may not be reproduced or used in association with any products or services except as authorized by us. All trademarks not owned by us or our affiliates that appear on the Site are the property of their respective owners.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement, that you will comply with all applicable laws and policies affecting the use of the Site or Services, and that you will only use the Site or Services on a computer on which such use is authorized by the computer's owner.
We may terminate this Agreement, refuse access to the Site or terminate any Membership at any time without notice. Any rights to use the Services terminate upon expiry of your membership or upon expiry of such subscription as may have been required and as may be a prerequisite to your use of any Services.
No representations, conditions, warrantees or guarantees are expressed or can be implied regarding the Site OR THE SERVICES or THEIR use, including without limitation any representations, conditions, warrantees or guarantees as to description, conditions, fitness for purpose, quality, quantity or merchantability or as to any other matter whatsoever. You expressly waive all such express or implied representations, conditions, warranties and guarantees.
Without limiting the generality of the foregoing, we make no representations, conditions, warranties or guarantees about the ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL DELIVERED BY US.
NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, will be liable for damages of any kind arising out of or from the use of the Site. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches or failure of the essential purpose of this Agreement, or any remedy contained in this Agreement. In no event shall THE FOREGOING be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses (including but not limited to business interruption, loss of profits, lost business, or lost savings) even if THEY have been advised of their possible existence. The allocations of liability in this Agreement represent the agreed and bargained-for understanding of the parties.
IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
We will not be responsible for any unauthorized use of your Membership.
You agree to hold harmless and indemnify us, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an "indemnified party"), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a "claim") which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of the Site or Services or by reason of a failure by you to comply with all applicable laws.
No amendment to this Agreement will be valid or binding unless set out in writing by us and posted to the terms and conditions of this Agreement on the Site. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived.
You may not assign or transfer this Agreement, any right granted under this Agreement or your Membership to any other person.
If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
When you visit the Site or send any e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site.
You agree that all demands, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Members can cancel their membership by visiting the customer service area of Site. Our customer service agents can also be reached via emailing at [email protected]
Company may terminate Member's membership and corresponding access to the Site at any time with or without cause by sending notice to Member at the email address Member provided in Member's application for membership or such other email address as Member may later provide to Site. Failure to provide Company an accurate email address shall be deemed a breach.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Member agrees that Company shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Site or services provided thereon.
Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription rate may be reserved against the Member's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Subscriber accounts. Contact your credit card issuing financial institution for details.
Prepaid Gift and Debit Cards which cannot be preauthorized for the full applicable monthly rate may be charged incrementally. This means that multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle. In no event will the aggregate of these incremental charges exceed the full applicable monthly rate.