FFF Enterprises Terms of Use

TERMS AND CONDITIONS OF USE

This Terms of Use is made by and between FFF Enterprises, Inc. ("FFF"), a California Corporation, with offices at 44000 Winchester Rd, Temecula, California and you the user (you, your or User).

BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY FFF SERVICES OR CONTENT (COLLECTIVELY "SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. FFF RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU.

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.

2. Privacy. In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy, which is accessible at [https://www.fffenterprises.com/site/privacy-statement.html]. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.

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.
The FFF Enterprises name and logo, all other FFF company and affiliate logos, including but not limited to the NuFactor name and logo are either trademarks or registered trademarks of FFF. You acknowledge FFF's exclusive rights in the foregoing trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of FFF or the party that provided such intellectual property to FFF. FFF and any party that provides intellectual property to FFF retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you. Other product and company names mentioned on this Site may be trademarks of their respective owners. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
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.

6. Site Use. Subject to these Terms of Use and any other terms and conditions on the Site, FFF hereby grants to you the personal, nontransferable, revocable, non-exclusive right to use the Site and download, install, reproduce, use and disclose the contents of the files or other media provided on the Site that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any FFF trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Site. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The Site, all of the information and materials contained herein, and the software used to make the Site available (collectively, "Content") are and shall remain the property of FFF and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms of Use.

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.
No advice or information, whether oral or written, obtained by you from or through FFF shall create a warranty not expressly stated in these Terms of Use.

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.

13. Arbitration. In the event of any controversy or claim arising from or relating to this Terms of Use or the breach thereof (a "Dispute"), FFF and User shall use their commercially reasonable efforts to settle the Dispute by negotiating with one another in good faith. If FFF and You do not resolve the Dispute within twenty (20) days from the first sending of notice of the Dispute by either party to the other party, the Dispute(s) shall be finally settled by confidential arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (the "Rules"). Either FFF or You may commence the arbitration by filing a demand for arbitration in accordance with the Rules and providing notice thereof in accordance with this Terms of Use. The arbitration shall be governed by the Federal Arbitration Act. The language of the arbitration shall be English, and the seat of arbitration shall be San Diego, California. Unless FFF and the User agree otherwise in writing: (a) the Dispute will be submitted to one arbitrator, and (b) the consent of the Parties to selection of the arbitrator shall be contingent on the arbitrator's commitment at the time of appointment to exercise reasonable efforts to issue a final award within six (6) months of such appointment. The confidentiality requirements of this Terms of Use shall apply to all aspects of the dispute resolution process set forth in this Section, including all written or oral submissions and exchanges of information in the arbitral proceedings and all settlement or other discussions relating to the Dispute. Each party shall be responsible to pay arbitration fees (including filing, administrative, hearing and/or other fees) calculated in accordance with the Rules, without any fee-shifting. Each party shall be responsible for payment of its own legal fees and related expenses. Any award rendered by the arbitrator shall be final and binding on the parties and may be confirmed by any court of competent jurisdiction.

14. Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

15. Use of Information. FFF reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

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.

By mail:
FFF Enterprises, Inc.
44000 Winchester Road
Temecula, California 92590
Attn: Chief Compliance Officer
By Email: fffethicshotline@integritycounts.ca

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. 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;
  4. Information reasonably sufficient to permit Company to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
  5. 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
  6. 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.

22. Termination. FFF may terminate this Agreement at any time, with or without notice, for any reason. In addition to any right or remedy that may be available to FFF under applicable law, FFF may suspend, limit, or terminate all or a portion of your access to the Site at any time with or without notice and with or without cause, including without limitation, if FFF believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site will immediately cease. In addition, FFF may refer any information on illegal activities, including your identity, to the proper authorities. You agree that FFF and its Affiliates shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Site.

23. Miscellaneous

  • This Terms of Use and the Privacy Statement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.
  • These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.
  • 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.
  • To the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with FFF with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail.
  • 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).
  • The Site may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices.
  • Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

24. Contact Information:

FFF Enterprises Compliance Department
(800) 843-7477 Ext 1718

 

Last updated 1/12/2023