Conditions of Use
Last updated: May 21, 2018
Welcome to Fesradplus.com®. Fesradplus.com® Services LLC and/or its affiliates ("Fesradplus.com®") provide website features and other products and services to you when you visit or shop at Fesradplus.com®, use Fesradplus.com® products or services, use Fesradplus.com® applications for mobile, or use software provided by Fesradplus.com® in connection with any of the foregoing (collectively, "Fesradplus.com® Services"). Fesradplus.com® provides the Fesradplus.com® Services subject to the following conditions.
By using Fesradplus.com® Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Fesradplus.com® Services, and sometimes additional terms may apply. When you use an Fesradplus.com® Service (for example, Your Profile, Gift Cards, Fesradplus.com® Video, Your Media Library, Fesradplus.com® devices, or Fesradplus.com® applications) you also will be subject to the guidelines, terms and agreements applicable to that Fesradplus.com® Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Fesradplus.com® Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Fesradplus.com® Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fesradplus.com® Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Fesradplus.com® Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fesradplus.com® or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fesradplus.com® Service is the exclusive property of Fesradplus.com® and protected by U.S. and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of Fesradplus.com® trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fesradplus.com® Service are trademarks or trade dress of Fesradplus.com® in the U.S. and other countries. Fesradplus.com®'s trademarks and trade dress may not be used in connection with any product or service that is not Fesradplus.com®'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fesradplus.com®. All other trademarks not owned by Fesradplus.com® that appear in any Fesradplus.com® Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fesradplus.com®.
PATENTS
One or more patents owned by Fesradplus.com® apply to the Fesradplus.com® Services and to the features and services accessible via the Fesradplus.com® Services. Portions of the Fesradplus.com® Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fesradplus.com® or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fesradplus.com® Services. This license does not include any resale or commercial use of any Fesradplus.com® Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fesradplus.com® Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Fesradplus.com® or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fesradplus.com® Service, nor any part of any Fesradplus.com® Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fesradplus.com®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fesradplus.com® without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fesradplus.com®'s name or trademarks without the express written consent of Fesradplus.com®. You may not misuse the Fesradplus.com® Services. You may use the Fesradplus.com® Services only as permitted by law. The licenses granted by Fesradplus.com® terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Fesradplus.com® account to use certain Fesradplus.com® Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fesradplus.com® does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fesradplus.com® Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Fesradplus.com® Household. Alcohol listings on Fesradplus.com® are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Fesradplus.com® reserves the right to refuse service, terminate accounts, terminate your rights to use Fesradplus.com® Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fesradplus.com® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fesradplus.com® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fesradplus.com® and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fesradplus.com® for all claims resulting from content you supply. Fesradplus.com® has the right but not the obligation to monitor and edit or remove any activity or content. Fesradplus.com® takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Fesradplus.com® respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Fesradplus.com® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Fesradplus.com® does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Fesradplus.com® does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
PRODUCT DESCRIPTIONS
Fesradplus.com® attempts to be as accurate as possible. However, Fesradplus.com® does not warrant that product descriptions or other content of any Fesradplus.com® Service is accurate, complete, reliable, current, or error-free. If a product offered by Fesradplus.com® itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Fesradplus.com® and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Fesradplus.com®.
With respect to items sold by Fesradplus.com®, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Fesradplus.com® is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by Fesradplus.com®, such as the Fesradplus.com® App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
SANCTIONS AND EXPORT AND IMPORT POLICY
You may not use any Fesradplus.com® Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fesradplus.com® Services. You must comply with all U.S. or other import, export and re-export restrictions that may apply to goods, software (including Fesradplus.com® Software), technology, and services.
OTHER BUSINESSES
Parties other than Fesradplus.com® operate stores, provide services or software, or sell product lines through the Fesradplus.com® Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Fesradplus.com®. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Fesradplus.com® does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FESRADPLUS.COM® SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FESRADPLUS.COM® SERVICES ARE PROVIDED BY FESRADPLUS.COM® ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FESRADPLUS.COM® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FESRADPLUS.COM® SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FESRADPLUS.COM® SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FESRADPLUS.COM® SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FESRADPLUS.COM® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FESRADPLUS.COM® DOES NOT WARRANT THAT THE FESRADPLUS.COM® SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FESRADPLUS.COM® SERVICES, FESRADPLUS.COM®'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FESRADPLUS.COM® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FESRADPLUS.COM® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FESRADPLUS.COM® SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FESRADPLUS.COM® SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Fesradplus.com® Service, or to any products or services sold or distributed by Fesradplus.com® or through Fesradplus.com® will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Fesradplus.com® will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Fesradplus.com® Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fesradplus.com®.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Fesradplus.com® Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Fesradplus.com®, Inc.
Av. Rio Branco 1135/304
Praia do Canto/Vitória. ES
http://www.Fesradplus.com®
