THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SERVICES PROVIDED BY FRENCHIES KINGDOM LLC THROUGH THIS WEBSITE. These Terms of Use govern how you may access and use the Services (hereinafter defined) provided on frenchieskingdom.com (“Website”) by FRENCHIES KINGDOM LLC (“FRENCHIESKINGDOM”). To access the Website or to use any of the Services available through the Website, we require that you accept these Terms of Use (the “Terms”).
By accessing the Website or using any of the Services, you hereby agree and accept that you have read and understood the Terms and that you are bound on you for the entire duration of your use of the Website and/or any of its Services. Should you choose not to accept these Terms you are hereby requested to refrain from accessing or using the Website and/or any of the Services available through the Website.
All Customer’s action with regard to the use of the Website and any the Services shall be governed by these Terms.
The term Customer shall refer to any person accessing the Website or using any of the Services available through the Website. The Website and Customer may collectively be referred to as Parties and individually as Party.
1) DEFINITIONS
“Confidential Information” shall mean any non-public information, product, document or other material of any nature relating to or concerning Website, or any of its affiliates, that is provided or made available to Customer, as a recipient, either before or after the effective date of these Terms, directly or indirectly in any form whatsoever, including in writing, orally, and machine readable, and including, but not be limited to, any correspondence, memoranda, notes, e-mails, formulas, samples, equipment, compilations, blueprints, business information, technical information, know-how, information regarding patents, patent applications, software, computer object code or source code, algorithms, graphic user interfaces, business plans, business or marketing strategies or plans, products or product development strategies or plans, information concerning current and future products and services, price lists and pricing information, financial statements and forecasts, computerized or other magnetically filed data, methods and techniques, manufacturing processes, developments, inventions, designs, drawings, trade secrets, financial information of Website or any of its affiliates and any other business records and information, including without limitation the information about these Terms, the use or disclosure of which might reasonably be construed to be contrary to the interests of such Website or any of its affiliates, including information of third parties subject to confidentiality obligations and which Website may share with other Parties, provided, however, that for purposes hereof, “non-public” shall mean information, product, document or other material that is not readily accessible to the public in a written or electronic publication or via the internet, and “non-public” shall include information which is only available by substantial search of the published literature, and information the substance of which must be a product of concatenation from a number of different publications and sources, and further provided that Confidential Information shall not include information which:
(i) is already in the possession of Customer here to before receipt from Website;
(ii) is or becomes rightfully in the public domain without fault of Customer receiving the information, provided that the fact that the individual elements of Website’s information may be in the public domain neither excludes such information from the Website’s Confidential Information nor relieves Customer of their confidentiality obligations hereunder unless a specific combination or combinations of elements as disclosed in such information are available to the public;
(iii) is received by Customer from a third party who or which is not under any obligation of confidentiality or restriction on use or disclosure concerning such information, or (iv) is disclosed under operation of law to the public or to a third party without a duty of confidentiality.
“Intellectual Property” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired:
(i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof;
(ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations;
(iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress;
(iv) rights relating to the protection of trade secrets and Confidential Information;
and (v) internet domain names, internet and world wide web URLS or addresses;
and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
2) OUR SERVICES
The Website provides Customers with a platform where they may explore the assortment of puppies offered for sale by FRENCHIESKINGDOM and buy the puppies of their choice. You acknowledge and agree that the Services provided through this Website enable you to obtain a puppy.
3) PUPPY PURCHASE
Should Сustomer decide that he/she wants to buy a puppy, Total will have to be paid in full at the Checkout.
Total will include:
- cost of the puppy
- delivery option chosen by Customer
- all add-ons chosen by Customer
- processing fees
Customer who has paid for the puppy, but then relinquished his/her rights for any unforeseen personal reason, should be eligible for Store Credit for the Total amount paid. Store Credit will be valid for 3 (three) months after the date the payment is received and confirmed. Store Credit can be used by Customer to acquire another puppy from FRENCHIESKINGDOM. Store Credit cannot be transferred to a third party. Executing the Store Credit option is to be discussed and mutually agreed on by FRENCHIESKINGDOM and Customer, taking into consideration all the relevant details.
4) DELIVERY
FRENCHIESKINGDOM offers 3 ways for Customer to receive the puppy.
a) Air delivery with puppy nanny
If Customer chooses this option, he/she must pay the fee of $1000.00 at the Checkout. After payment is received and confirmed, FRENCHIESKINGDOM will contact Customer to make all the necessary arrangements for the flight.
b) Overland delivery
If Customer chooses this option, he/she must pay the applicable fee at the Checkout. Overland delivery fee will vary and depend on the state Customer wants the puppy to be delivered to. After the payment is received and confirmed, FRENCHIESKINGDOM will contact Customer to make all the necessary arrangements for the overland delivery.
c) Pick-up at a pre-arranged meeting point
If Customer chooses this FREE option after the puppy is purchased, he/she should contact FRENCHIESKINGDOM in order to make all the necessary arrangements.
The final decision on all the travel details including flight date will be made by FRENCHIESKINGDOM, considering the health of the puppy as a main travel factor, Customer’s preferences factored in as far as possibly reasonable. Puppy transportation is arranged by FRENCHIESKINGDOM and may include third parties involvement. There may be delays for reasons, including, but not limited to: weather, logistics, mechanical failure or other unforeseen events. FRENCHIESKINGDOM shall not be liable, directly or indirectly, for any delays, including, without limitation, those that may cause Customer inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Customer's purchase of the puppy. Customer understands and agrees that no monetary refund shall be provided by FRENCHIESKINGDOM due to any airline/airport delays or cancellations of the puppy's flight.
5) CANCELLATION
a) Cancellation by Customer
There is no refund, no monetary return, no exchange/replacement should Сustomer cancel the deal after payment is received and confirmed by FRENCHIESKINGDOM. That includes, but is not limited to the following reasons: local laws, building/apartment pet restrictions, Customer private/family reasons, allergies of any type, puppy behavior issues or any other reasons. In the case of cancellation by Customer at any time, Customer who relinquished his/her rights for any unforeseen personal reason, should be eligible for Store Credit for the amount paid. Store Credit will be valid for 3 (three) months after the date the payment is received and confirmed. Store Credit can be used by Customer to acquire another puppy from FRENCHIESKINGDOM. Store Credit cannot be transferred to a third party. Executing the Store Credit option is to be discussed and mutually agreed on by FRENCHIESKINGDOM and Customer, taking into consideration all the relevant details.
The exchange/replacement clause covered in Puppy Health Guarantee (link) stands regardless.
b) Cancellation by FRENCHIESKINGDOM
FRENCHIESKINGDOM keeps the right to cancel the selling arrangement at its sole discretion at any time without previous notification of Customer. In the case of cancellation by FRENCHIESKINGDOM, Customer should be eligible for either full monetary refund or Store Credit, as agreed with FRENCHIESKINGDOM. Full monetary refund can take up to 10 (ten) business days. Store Credit will be valid for 3 (three) months after the date the payment is received and confirmed. Store Credit can be used by Customer to acquire another puppy from FRENCHIESKINGDOM. Store Credit cannot be transferred to a third party. Executing the Store Credit option is to be discussed and mutually agreed on by FRENCHIESKINGDOM and Customer, taking into consideration all the relevant details.
6) REGISTRATION
Registration papers will only be issued for the puppies that are clearly marked as “Registered” or “Registarable”. Registration papers for all registered puppies will be sent using USPS regular service and could take up to six months to be issued and received by Customer.
7) CONDITIONS OF USE
You agree not to access (or attempt to access) the Services by any means other than those provided by or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Services (or the servers and networks which are connected to the Websites or Services).
Further, you agree:
not to disrupt or interfere with any other user’s enjoyment of the Website or Services or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Website or Services any viruses or other harmful, disruptive, or destructive files;
not to access or attempt to access any content, which you are not authorized to access under the terms herein; and
not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, content, User’s content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Services or any affiliated or linked sites.
The Website is intended for the use of those individuals who have attained the age of 18 years or more. If you have not yet attained the required age you are requested to refrain from using the Website. In order to use the Services, Users must complete an online registration. All costs incurred by you with regard to the use of the Services, including but not limited to the cost of any additional software or hardware required, internet charges or repair costs, shall be borne solely by you.
The Website and its Services are intended only for lawful purposes. We do not encourage or promote activities that are either unlawful or otherwise found to be objectionable. You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. FRENCHIESKINGDOM IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where FRENCHIESKINGDOM is located or operates. This includes complying with applicable export and import restrictions.
The Website along with its Services is intended for your personal and non-commercial use. By using the Services you agree that you shall not disseminate or reverse engineer the Services, neither shall you sell or offer for sale the same. You further agree to refrain from copying, data mining, modifying, making public or attempting to enhance or alter, or improving upon the Services offered.
Copyright, trademark and all other proprietary rights in the Website, Services, and Website content (including but not limited to software, services, audio, video, text and photographs, but excluding User content) rest with FRENCHIESKINGDOM and/or its licensors. Altering, disseminating or destroying the whole or any part of the Website or the Services is strictly prohibited. Users are restricted from altering or attempting to alter the website, its functionality or any of its features. Accessing or attempting to access any part of the Website to which access is restricted may result in the immediate termination of the violating User’s account. Users also agree and accept that they shall not copy, reproduce, modify, sell or offer for sale the Website or any part thereto.
Users shall be responsible for all content generated or otherwise made public by them anywhere on the Website. Users are requested to verify the content before posting it on the Website. User Content found to be in violation of the Terms will be solely at FRENCHIESKINGDOM’s own discretion, be taken down and such violating User may be restricted from further accessing the Website. Under no circumstances shall FRENCHIESKINGDOM be liable for any loss, damages or claims arising with regard to any User Content. Users are further requested to ensure that they have all necessary rights, title and approvals over all content posted by them.
By accessing the Website or using the Services you agree that you shall not:* Impersonate, stalk or harass any other person or User;
* Collect and store information relating to other Users;
* Violate any applicable laws for the time being in force;
* Conduct or assist in conducting in any fraudulent or illicit activities;
* Reveal any personally identifiable information pertaining to other Users;
* Post, publish or transmit any misleading or incorrect information;
* Post, publish or transmit content over which you have no right, title or interest;
* Remove any proprietary or Intellectual Property marks from content belonging to others, including that belonging to the Website;
* Forge any seals, signatures or other proprietary marks;
* Access or attempt to access restricted areas within the Website or attempt to circumvent the Website’s security measures;
* Disrupt the functionality of the Website in any manner;
* Alter or modify any features present on the Website;
* Disclose any Confidential Information of third parties;
* Interfere with or disrupt the functioning of the Website’s servers;
* Spam or flood the inboxes of other Users.
All materials, communications, or information submitted to, sent through, or stored on the Website and Services by you will be subject to these Terms of Use and Privacy Policy.
8) MEMBERSHIP AND ACCOUNTS
Although unregistered Users may enjoy limited features of the Website, we strongly recommend all Users to register themselves on the Website. Users may register themselves by creating a personal account. Only Users above the age of 18 years may register themselves on the Website. All Services provided on the Website are intended only for those individuals who have attained the age of 18 years or above. You are required to provide true, accurate and complete information at the time of registration. You are further obligated to update and maintain the accuracy of your account information. Should we, in our sole discretion, determine that you have provided us with information that is untrue, inaccurate or incomplete, we may terminate the violating Users account without any intimation.
You shall be solely responsible for the security of your accounts. All Users are advised to use strong passwords as well as to refrain from disclosing any of your account details. All acts done through your account shall be construed as done by yourself or with your knowledge and the Website reserves the right to initiate appropriate action. Accounts are intended for use only by a single person. Sharing of accounts, account details or accessing the accounts of any other User is expressly prohibited. The Website may terminate the accounts of any User found accessing or attempting to access the accounts of other Users.
Users suspecting any breach or attempted breach with regard to their accounts are requested to report the matter immediately using email: [email protected]
Any content posted, made public, transmitted or otherwise published from a User account (“User Content”) shall be construed to have been done so by or with the knowledge of the respective account holder. Users shall be solely responsible for any content posted anywhere on the Website by means of their accounts. The Website reserves the right to refuse any content it feels to be in violation with the Terms. All User Content must be in compliance with the provisions contained herein. Accounts of Users found in violation may be terminated without any prior notice.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION, MATERIALS AND/OR SUBMISSIONS PROVIDED BY YOU TO FRENCHIESKINGDOM IN CONNECTION WITH THE WEBSITE AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FRENCHIESKINGDOM; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITES AND THAT IS NOT PROVIDED BY FRENCHIESKINGDOM DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
The Website may in its sole discretion review, monitor, edit or remove any content that it decides, in its absolute discretion, to be in violation with the provisions contained herein. However the Website shall be under no obligation to carry out any reviews or monitoring. Further to the extent permitted under applicable law, the Website may deny Services to anyone for any reason or no reason at all. The Website may also refuse to publish any content posted, transmitted or made public by any User if such content is found to be in contravention to the Terms.
Users are requested to conduct themselves in a respectable manner and to refrain from any untoward activities in all their interactions with other Users. Necessary legal action may be taken against Users posting content that hurts the sentiments or damages the reputation of other Users.
Users may rely on any User Content or other information present on the Website at their own risk. The Website does not guarantee the safety or accuracy of any information present on it. Under no circumstances shall any User Content be construed as that which is supported or endorsed by the Website in any manner.
Accounts that remain inactive for a period exceeding 60 days may be terminated by the Website. The Website may also terminate accounts it suspects to be in violation of the Terms.
9) TERM AND TERMINATION
The Terms shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by FRENCHIESKINGDOM or you by written notice.
FRENCHIESKINGDOM reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Website and the Services including without limitation any use of FRENCHIESKINGDOM’ trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
Continued use of the Website or its Services on the termination of this agreement may result in the initiation of appropriate legal action on behalf of the Website.
10) LINKING AND ADVERTISING
Users are not allowed to create or post any links on the Website without prior consent from the Website. Users posting or creating the link shall be solely responsible for the content present on such links. Any ideas or opinions present on such a site to which the Website has been linked to shall not be construed as that which is supported or endorsed by the Website in any way. Under no circumstances shall the Website be liable for any loss or damage arising due to any links. Users are advised caution while following any links or advertisements present on the Website. Such sites may have their own Terms of Use and Privacy Policies and Users must ensure to read through them carefully. We do not guarantee the accuracy, truth or safety of any content present on such sites.
11) CONFIDENTIAL INFORMATION
Users are expressly prohibited from using, for their own benefit or for the benefit of any other person, as well as from disclosing or permitting the disclosure of any Confidential Information relating to the Website. Users are also prohibited from disclosing any personally identifiable information relating to other Users.
We do not sell, divulge or trade any Confidential Information relating to Users and conduct ourselves in accordance with the Privacy Policy set forth [LINK]. Certain disclosures may be made to our employees, directors and service providers so as to improve upon our Website and the Services. The Website may also disclose certain User information, including Confidential Information, in accordance with any applicable laws or in compliance with any order from any governmental or judicial body. However we shall have no duty of confidentiality over any information posted, made public or transmitted by you in any publicly accessible area on the Website.
Users agree and accept that the wrongful disclosure of any Confidential Information pertaining to the Website may result in irreparable losses to the Website for which monetary recompense may be insufficient. Users further agree and accept that the Website shall be entitled to seek any injunctive or equitable relief to prevent any further disclosure.
By posting any content anywhere on the Website or by using the message functionality of the Website Users agree and accept that the Website may monitor and record such User Content. The Website may also monitor and record all communications sent and received through the Website. Accounts of Users found violating their confidentiality obligation under this agreement may be terminated without any prior notice.
12) INTELLECTUAL PROPERTY
The Website shall retain all proprietary and Intellectual Property rights present anywhere on the Website, including but not limited to any trademarks, trade names, logos, icons, graphics, photos, videos regardless of whether or not it has been applied for protection. By accessing the Website, availing the Services and subscribing to any plans, you are merely granted a revocable, non-exclusive, worldwide royalty free right to use certain Intellectual Property belonging to the Website for the duration of this agreement. Users may use such Intellectual Property only for the purposes outlined in the Terms. We do not claim ownership over any content posted, published, made public or transmitted by you anywhere on the Website. By posting, making public or transmitting any content on the Website, including but not limited to any photos or videos, you hereby grant us a irrevocable, non-exclusive, worldwide, royalty free license to use, copy, reproduce, perform, improve, make public, transmit, distribute, modify, sell or offer for sale such content. This license shall continue on only until you have expressly asked FRENCHIESKINGDOM to remove such content. The Website further grants Users a non-exclusive limited license to use the object code present in the Services or any other features present on the Website. However Users are expressly prohibited from copying, modifying, disseminating, sublicensing, assign, sell, offer for sale or reverse engineer the software belonging or otherwise obtained by the Website.
In the event of any infringement or alleged infringement the Website reserves the right to seek appropriate remedies from such infringing User. Furthermore, by sending any content to the Website for publication, you hereby grant us the right to use such content for the Website’s marketing and promotional activities.
Notice and Procedure for Making Claims of Copyright Infringement
It is FRENCHIESKINGDOM policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FRENCHIESKINGDOM Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying FRENCHIESKINGDOM and its affiliates that your copyrighted material has been infringed.)
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
Your address, telephone number, and e-mail address;
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;
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.
FRENCHIESKINGDOM’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: FRENCHIESKINGDOM’s Copyright Agent
Address: 900 Line st., Easton, PA 18042
E-mail: [email protected]
13) REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you have all necessary rights and approvals to enter into this agreement and that you meet the necessary criteria as required by the Website to use the Services.
ALL WEBSITE CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FRENCHIESKINGDOM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. FRENCHIESKINGDOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITES, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FRENCHIESKINGDOM DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FRENCHIESKINGDOM ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by FRENCHIESKINGDOM in writing, contractors, agents, dealers or distributors of FRENCHIESKINGDOM or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FRENCHIESKINGDOM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRENCHIESKINGDOM( OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific FRENCHIESKINGDOM’s products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL FRENCHIESKINGDOM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITES OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FRENCHIESKINGDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FRENCHIESKINGDOM PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO FRENCHIESKINGDOM IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
14) INDEMNITY AND LIABILITY
Each User hereby expressly agrees that all loss, damages, claims, suits or other legal actions arising against the Website, its employees, directors, associates, representatives, agents, subcontractors, due to such User’s conduct or failure to act shall be indemnified or defended against by the respective User. Users agree and accept that the Website acts as a platform where potential buyers and sellers may interact or transact with one another. Hence Users further agree and accept that they shall not hold the Website, its employees, directors, agents, representatives, associates or subcontractors liable for any loss or damages incurred by them while accessing the Website or using the Services.
Under no circumstance shall the Website be liable for any direct, indirect, consequential, special or exemplary damages including without limitation to loss of actual or anticipated revenues, goodwill whether arising out of or related to these Terms. The Website shall be exempt from such liability regardless of whether such loss or damages was foreseeable or if the Website has been advised of the possibility of such loss or damages. Neither shall the Website be liable for any loss or damages including death or personal injury that may arise while rendering Services to Users.
NOTICE
Notices with regard to the Website and its Services shall be sent to you via your registered email. Should you wish to contact us you may do so by writing to us at: [email protected].
1. AMENDMENTS
The Website may amend or change these Terms from time to time. No prior notice shall be given by the Website before any such amendments. Users shall be solely responsible to ensure that they are familiarized with the revised Terms.Your continued use of the Website and its Services after any revision to these Terms indicates your acceptance of the revised Terms.
2. SEVERABILITY
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
3. WAIVER
No provision of these Terms will be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in the Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Terms will not in any way affect, limit, or waive a party’s rights under the Terms at any time to enforce strict compliance thereafter with every term and condition of the Terms.
4. ENTIRETY
These Terms along with the Website’s Privacy Policy govern the entire relation between the Parties. It shall supersede any and all prior understanding and agreements between the Parties. Should there arise a conflict between these Terms and any revised Terms, the revised Terms shall prevail.
5. NO AGENCY
These Terms do not create any partnership, joint venture, agency, employee-employer relation between the Parties.
6. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
FRENCHIESKINGDOM does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
7. SERVICES ACCESS
If the Website and Services are not available for any period or any time, FRENCHIESKINGDOM shall not be liable. FRENCHIESKINGDOM gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. FRENCHIESKINGDOM reserves the right to suspend the operation of the Website or Services. You agree that neither FRENCHIESKINGDOM nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Website.
8. FORCE MAJEURE
FRENCHIESKINGDOM will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FRENCHIESKINGDOM.
9. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Website or Services may, at FRENCHIESKINGDOM’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
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