TERMS AND CONDITIONS OF USE
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of FFF's Website (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by FFF upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. You should review this Agreement periodically to determine if any changes have been made. Any order placed or purchase made through the Site is governed by our Terms of Sale.
3. Ownership. All content included on this Site is and shall continue to be the property of FFF or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You acknowledge and agree that the services provided by this Site ("Service") and any necessary software used in connection with any Service ("Software") contain proprietary and confidential information that is the property of FFF and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FFF or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
4. Intended Audience. You must be at least 18 years of age to access and use the Site. If you are 18 years or younger, you are not permitted to use this Service for any purpose.
5. Copyright and Trademark. All content of the Site, other than visitor Submissions (as defined below), are: Copyright 2019 FFF Enterprises, Inc. All rights reserved.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
7. Content Submitted to FFF. FFF does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site or the FFF server and through its associated services ("Submissions"). However, in order for FFF to make the Site function in a meaningful way and provide related services to you, you must agree that by posting, uploading, inputting, providing or submitting your Submission you automatically grant (or warrant that the owner of such rights has expressly granted) us, our affiliates, and necessary sublicensees permission to use your Submission including without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your Submission.
You understand that the technical processing and transmission of the service, including your Submission, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
8. External Sites. This Site contains links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Website with or without our authorization, and we may block any links to or from the Website without prior notice.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
10. Indemnification. You agree to indemnify and hold FFF, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site or your use of any items obtained through the site.
11. Warranty Disclaimer. Although FFF uses reasonable efforts to ensure the information provided on the Site is accurate and up-to-date, due to the risk that information may be compromised by software or procedural errors, FFF does not guarantee the accuracy or completeness of the information provided on this Site. THE SITE AND ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FFF MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FFF MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME.
12. Limitation of Liability. FFF, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR FFF WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FFF AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FFF FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. California Consumer Protection Information. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Copyrights and Copyright Agent. FFF is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for the Website in the manner described below.
FFF Enterprises, Inc.
44000 Winchester Road
Temecula, California 92590
Attn: Chief Compliance Officer
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.
18. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and FFF or its affiliates.
19. International Users. The information presented on the Site is intended for use in the United States only. The Site is controlled, operated and administered by FFF (or its licensees) from its offices within the United States of America and is not intended to subject FFF to the laws or jurisdiction of any state, country or territory other than that of the United States. FFF does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The conditions and qualifications contained herein will be construed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions.
20. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
21. Waiver. The failure of FFF to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by FFF must be in writing and signed by an authorized representative of FFF.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in FFF's discretion (in the latter two situations, via the most recent address that we have on file).
24. Contact Information:
FFF Enterprises Compliance Department
(800) 843-7477 Ext 1718
Last updated 1/12/2023