Terms and Conditions

1. Definitions.

FYVFY.com is the website maintained on the World Wide Web by TheFYVFY, Inc. “The site” or “site” refers to FYVFY.com. “User,” or collectively “Users,” refers to any party who accesses the site. “FYVFY” refers to TheFYVFY, Inc. and its affiliates. “Access” means viewing or otherwise obtaining information located on FYVFY.com. “Agreement” refers to these terms of use and any subsequent modification.

2. Scope of Agreement.

This Agreement applies to how information on the site may be shared accessed and used, as well as transactions and communications between the User and FYVFY.

3. Acceptance of Agreement.

By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.

FYVFY reserves the right to modify this Agreement at any time, including imposing a fee to access certain materials contained on the site. Any change in this Agreement is effective immediately upon User’s receipt of notice from FYVFY. Notice can be given through e-mail, posting on the site, or any other means by which User may obtain notice. Users should periodically review this Agreement for changes. Any use of the site after changes have been made shall be deemed acceptance of the changed terms of this Agreement. FYVFY reserves the right to monitor use of the site.

FYVFY has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. FYVFY can restrict access to any or all portions of the site or remove any information or content from the site at any time.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

4. Privacy

User should review our Privacy Statement, which is incorporated by reference into this Agreement.

5. User Accounts.

If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. FYVFY reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.

6. Risk of Loss.

The risk of loss for all products purchased from the site passes to Users upon the delivery of the products by FYVFY to the carrier.

7. Copyright and Marks.

All contents on the site are the copyrighted and/or trademarked property of FYVFY. Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of FYVFY. Users must retain all copyright notices and other proprietary notices on any authorized reproductions of any portion of the site.

8. Prohibited Conduct and Compliance with Laws.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

  • Use any device or other means to harvest information about other Users.
  • Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
  • Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or FYVFY employee’s computer or other medium used to access the site.
  • Post any material on the site that is offensive to any other User. FYVFY maintains the exclusive right to determine what is offensive.
  • Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights).
  • Modify the information, including headers, found on the site.
  • Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
  • Engage in any action which FYVFY determines is detrimental to the use and enjoyment of the site.
  • Use the site for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law or post any information that could result in civil unrest.
  • Attempt to access, or access, the personal information of another User which is stored on this site.
  • Permit any person to access this site using the User’s password.
  • Attempt to, or access, this site using another User’s password.

9. Disclaimer and Limitation of Liability.

Although FYVFY has attempted to provide accurate information on the site, including accurate product descriptions, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. FYVFY makes no representation that the content of the site is appropriate or available for use in all locations. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER FYVFY NOR ITS AFFILIATES, EMPLOYEES, AGENTS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. FYVFY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL FYVFY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL FYVFY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

THE FOREGOING LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO FYVFY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

THE FOREGOING IS INAPPLICABLE IN NEW JERSEY.

10. Indemnification.

EXCEPT IN NEW JERSEY AND EXCEPT AS OTHERWISE PROVIDED BY LAW, USER AGREES TO DEFEND, INDEMNIFY, AND OTHERWISE HOLD HARMLESS FYVFY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ASSIGNS FROM AND AGAINST ANY CAUSE OF ACTION OR CLAIM, INCLUDING LEGAL FEES, RELATED TO USER’S USE OF THE SITE INCLUDING, WITHOUT LIMITATION, ALL CLAIMS RESULTING FROM USER CONTENT.

THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO FYVFY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

11. Security.

Users are prohibited from violating or attempting to violate the security of the site. FYVFY will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

12. Termination of Agreement.

FYVFY may terminate this Agreement at its discretion. In addition to FYVFY‘s other rights, FYVFY may terminate access to this site or terminate access to any service that FYVFY provides on the site if User breaches this Agreement in any way or engages in conduct that FYVFY deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 7, 8, 9, 10, 11, and 16 shall survive.

13. Links.

User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray FYVFY or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any FYVFY logo or other proprietary graphic or trademark as part of the link without express written permission. FYVFY reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other FYVFY proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing FYVFY‘s name or trademarks without FYVFY‘s express written consent.

14. Copyright Protection.

FYVFY honors the intellectual property rights of others and asks the same of Users of the site. FYVFY may, in its sole discretion, terminate access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide FYVFY with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FYVFY to identify the material;
  • Information that is reasonably sufficient to permit FYVFY to contact the complaining party, such as address, telephone number and, if available, e-mail address;
  • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. Law Venue Choice

ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, U.S.A, NOTWITHSTANDING ANY CONFLICTS OF LAW PRINCIPLES. ANY ACTION RELATING TO THIS AGREEMENT MUST BE FILED AND MAINTAINED IN A STATE OR FEDERAL COURT LOCATED IN SCOTT COUNTY, STATE OF MINNESOTA, U.S.A., AND EACH USER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS FOR SUCH PURPOSE.

16. FYVFY’s Remedies

Upon User’s breach of this Agreement, FYVFY may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. FYVFY‘s remedies are cumulative and not exclusive. Failure of FYVFY to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

17. Time for Bringing Suit

User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Severability

If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms.