Terms & Conditions
These are the terms and conditions that are agreed upon when visiting and making a purchase on this website.
Last revised: 06/15/2022
FAHQ LLC and its affiliates (“FAHQ,” “we” or “us”) own and operate www.fahq.com (“Website”). Access to and use of this Website, its features and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”).
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
By accessing or using the Services, you are agreeing to all of these Terms and Conditions, as may be updated by us from time to time, as well as our Privacy Policy, as it may be updated by us from time to time. Please read each of them carefully. You should check these Terms and Conditions and our Privacy Policy regularly to take notice of any changes we may have made. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Services.
Access and Use
Subject to your compliance with these Terms and Conditions, FAHQ 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 Services. Access to and use of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. All rights not expressly granted to you in these Terms Terms and Conditions are reserved and retained by FAHQ or its licensors, suppliers, publishers, rights holders, or other content providers.
You may use the Services only as permitted by law. The licenses granted by FAHQ terminates immediately and automatically if you do not comply with these Terms Terms and Conditions. We will not be liable if, for any reason, if this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites that are not operated by FAHQ (the “Linked Sites”); FAHQ has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions and service contained within each such site.
You may post reviews, comments, photos, images, graphics, videos, audio recordings, and other content and submit suggestions, ideas, comments, questions, or other information (collectively “User Generated Content”), so long as such 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. The term User Generated Content includes, without limitation, any content you (i) submit or post on the Website or through tools or applications we provide for posting or sharing such content with us or (ii) have posted or uploaded to your social media accounts, including, but not limited to, Instagram, Facebook, Twitter, Pinterest, etc., and allowed us to feature.
If you post any User Generated Content, and unless we indicate otherwise, then you grant FAHQ a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right and license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Generated Content, as well as your name, persona, and likeness included in any User Generated Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Generated Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or later developed, including, without limitation, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Generated Content pursuant to these Terms Terms and Conditions or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. FAHQ will be free to use any ideas, concepts, know-how, or techniques contained in such User Generated Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Generated Content that you may have under any applicable law under any legal theory.
By submitting or posting User Generated Content, you represent and warrant that: you own or otherwise control all of the rights to the User Generated Content that you post; the User Generated Content is accurate; use of the User Generated Content you supply does not violate these Terms Terms and Conditions and will not cause injury to any person or entity; and you will indemnify FAHQ for all claims resulting from content you supply. FAHQ reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. FAHQ takes no responsibility and assumes no liability for any content posted by you or any third party.
Prohibitions
The right to access and use the Services does not include: any resale or commercial use of any Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services 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.
With respect to the Services and all parts of the Services, you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment card or other content; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision could constitute a criminal offense and FAHQ will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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 FAHQ without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the FAHQ name or trademarks without the express written consent of FAHQ. You may not misuse the Services.
Content, Software and Intellectual Property
All content included in or made available through any Services, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and all software is the property of FAHQ or its content suppliers and protected by U.S. and international intellectual property laws, including, without limitation, U.S. and international copyright laws. Furthermore, the compilation of all content included in or made available through any Services is the exclusive property of FAHQ and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Services are trademarks or trade dress of FAHQ in the United States and other countries. FAHQ trademarks and trade dress may not be used in connection with any product or service that is not a FAHQ product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FAHQ. All other trademarks not owned by FAHQ that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by FAHQ. Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content featured on this Website are in no way associated, linked, or affiliated with FAHQ, and you should not rely on the existence of such a connection or affiliation. Where reference is made to a trademark or brand name, it is used solely to describe or identify the product or service and is in no way an assertion that such product or service is endorsed by or connected to FAHQ.
All intellectual property rights are reserved by FAHQ and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or that appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Copyright Policy
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature; Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; A statement that the information in the written notice is accurate; and A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA Notices should be sent to:
FAHQ
1000 5th Street
Suite 200-O6
Miami Beach, FL 33139
You may also send them to: hello@fahq.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Upon receipt of notices complying with the DMCA, FAHQ will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FAHQ ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER COMMUNICATIONS, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Terms of Sale
You may need your own FAHQ account to use certain parts of the Services, and you may be required to be logged into the account and have a valid payment method associated with it. 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.
To contract with FAHQ you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. FAHQ retains the right to refuse any request made by you. If your order is accepted, then we will inform you by email, and we will confirm the identity of the party with whom you have contracted. This will usually be FAHQ or may in some cases be a third party. Where a contract is made with a third party, FAHQ is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that the third party supplies to you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. FAHQ reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.
By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of foreign products and services may fluctuate. All prices advertised are subject to changes. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure events (occurrence of an event which is outside the reasonable control of a party and which prevents that party from performing its obligations under a contract) for which we will not be responsible.
- Our Contract. When you place an order, you will receive an acknowledgement email confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
- Pricing and Availability. Although we try to ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If a product offered by FAHQ itself is not as described, then your sole remedy is to return it in unused condition. If we discover an error in the price of any goods that you have ordered, then we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, then we will treat the order as cancelled; if you cancel and you have already paid for the goods, then you will receive a full refund.
- Shipping Fees; Customs and Duty Fees. In addition to the price for the product, we charge a shipping fee; such additional charges are clearly displayed where applicable and included in the “Total Cost.” Additionally, all customs and duty fees, and any applicable sales taxes, are your responsibility to pay. Shipping costs are non-refundable, which includes returns, package rejection upon arrival, and/or failure to pay duty fees.
- Payment. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction; your card will be debited upon authorization being received. The monies received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit will be used as consideration for the value of goods you have purchased as listed in the confirmation email. The risk of loss and title for products pass to you upon our delivery to the carrier.
- Returns and Refunds. All purchases are non-refundable. We do allow exchanges if the item arrives damaged. Additionally, customer permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against FAHQ. For exchanges, FAHQ 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, FAHQ does not take title to the refunded item.
Pre-Orders
When you pre-order a product it has not arrived in our warehouse and it may or may not still be in production. While not common, understand that a product could be delayed or cancelled if it doesn’t adhere to our standards or if an unforeseen issue arises during production. Pre-orders can be canceled up to 24-hours after purchase. After 24-hours have passed orders cannot be canceled.
While we provide a delivery estimate for all pre-order products, there is no guarantee the product will ship or deliver during that estimated time frame due to factors beyond our control. Orders can arrive before or after the approximate time frame.
Electronic Communications
Unless you notify us otherwise in accordance with our Privacy Policy, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Website or through any other Services. 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.
International Users
The Website is controlled, operated, and administered by FAHQ from its offices within the United States and is not intended to subject FAHQ to the laws or jurisdiction of any state, country, or territory other than that of the United States. Although the Website may be accessed from countries around the world, FAHQ makes no representation that the Website or Services are appropriate or available for use in any jurisdiction other than the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.
Export Policy
You agree that any purchased goods licensed or sold on the Website, which may include software and technology, and all software that is contained on the Website (including all HTML code and controls), are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
$FAHQ LOYALTY TOKEN TERMS & CONDITIONS
Nothing in these terms or any other communication from Company includes, is intended to include, or should be interpreted to include, legal advice, technical advice on how to interact with the blockchain, financial advice, legal advice, or a solicitation of any kind to make a purchase or investment. User warrants and should only proceed if they read, understand, and agree to all terms and conditions of the Site.
Users should not use the site, engage with any token, make any purchase, or come to possess such a token unless they agree with the terms of this Site. Please take all necessary legal, financial and technical advice before using this Site and agreeing to its terms. Your agreement is legally binding and will be enforced.
The $FAHQ loyalty token is not for investment purposes. User states that they engage with the $FAHQ loyalty token, or acquire or trade the $FAHQ loyalty token, only for consumptive and entertainment purposes. There is no expectation of profit, gain of value, positive return, or any value whatsoever.
User confirms they are not in any way circumventing the laws of the jurisdictions they are subject to, or in any way circumventing the intent of Company to block users from particular regions, countries, and jurisdictions. Do not circumvent any geoblocking or geofencing. It is strictly prohibited.
Scope & Definitions
“Company” refers to FAHQ LLC, 1701 NW 84th Ave, Suite C1, Miami, FL, 33126 and its affiliates, members, agents, employees, contractors, lawyers, and officers. This policy governs the use of the Site (“Site” refers to all web pages published by Company, alone or in conjunction with web partners, that is accessed by members of the public, including but not limited to fahq.com. The collective of web pages, inclusive of all urls published by Company is included in the definition.) by Users (“Users” refers to each and every person viewing the site, anyone in control of the keyboard or mouse while an ip address visits the site, and anyone consuming the Site. These terms may change are Company’s discretion in the future. User has responsibility to check and remain updated and compliant with terms.
$FAHQ Loyalty Token
Our loyalty token, with contract address [COMING SOON], is on the Solana blockchain.
$FAHQ loyalty tokens do not represent any right to governance of any organization. $FAHQ loyalty tokens do not represent an ownership interest in any business, profit line, future revenues, or an investment of any kind.
User Warranties & Representations
Company finds the following representations and warranties made by the User of this site to be material and Company relies on each and every one of the following representations and warranties. Company does not seek or intend to make a sale, profit, or create any relationship of any kind with any member of the public that does not agree to and understand the following.
User’s should only proceed if Users agree to each of the following warranties and promises.
Company does not seek or intend to make a sale of any kind to any potential purchaser that does not agree to the following terms. User warranties and promises the following:
User understands and accepts the risks associated with cryptocurrencies and blockchain technology, including volatility, regulatory uncertainty, and technological challenges.
User agrees that User is not, and has not acquired a token, coin, or other asset, in any way branded or related to or branded “FAHQ”, or others affiliated, with the expectation of any profit.
User agrees that User has not purchased any such assets with any expectation of acquiring or being able to acquire any equity in any project or entity.
User is BOTH of the age of legal consent to engage in the activities of this website, in jurisdictions User is subject to AND reached the age of 18 years old.
User agrees that the purchase of any product or transaction with Company, is for the consumptive value and/or use value of the products. User agrees not to make a purchase if it is for for any other reason. User agrees loyalty points, rewards, and/or loyalty tokens are valueless. User agrees Company is not responsible to ensure a secondary market for $FAHQ loyalty tokens.
User agrees that User is not making any purchase with any expectation of acquiring or being able to acquire any equity in Company, or the expectation of profit by any means. User agrees that any purchase from Company is for consumptive purposes only. User is not buying any FAHQ branded product, service, or loyalty token with the expectation of any financial opportunity or gain whatsoever. User agrees and states that User has no expectation of financial return, profit, or gains from any product, service, or loyalty token branded “FAHQ”.
User agrees that it will only make purchases in good faith, and not in any way try to gain an unfair market advantage in any way by interacting with Site.
Company is not responsible for any guarantees or promises made by third-party providers.
User states and promises that they have the legal right to us this site, and they are not using the site from a jurisdiction or nation that is embargoed or otherwise banned from engagement with a US company.
User agrees that there are no third-party beneficiaries to these Terms.
Arbitration
User agrees to binding arbitration.1. User agrees to arbitrate all disputes and claims with Company and limits the manner in which User can seek relief from Company, unless User opts out of arbitration by following the instructions set forth below. User agrees that no class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes User from suing in court or having a jury trial.
2. No Representative Actions. User and Company agree that any dispute arising out of or related to these Terms or our Services is personal to User and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
3. Arbitration of Disputes. Except for small claims disputes in which User or Company seeks to bring an individual action in small claims court located in the county of User billing address or disputes in which User or Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, User and Company waive User rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that User has against Company. User agrees to first contact Company and attempt to resolve the claim informally by sending a written notice of User claim (“Notice”) to Company by certified mail addressed to FAHQ LLC, 1701 NW 84th Ave, Suite C1, Miami, FL, 33126.
The Notice must (a) include User name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the state of Florida unless User is a consumer, in which case User may elect to hold the arbitration in User county of residence. For purposes of this Section, a “consumer” means a person using the Services for personal, family or household purposes.
User and Company agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. User either acknowledge and agree that User have read and understand the JAMS Rules or waive User opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Company, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
User and Company agree that for any arbitration User initiates, User will pay the filing fee and User and Company will split equally the remaining JAMS fees and costs; provided that if User are a consumer the maximum amount User will be required to pay for the filing fee is $250 and Company will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. User and Company agree that the state or federal courts of the State of Florida and the city of Miami (Miami-Dade County) have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that User and Company will not have the right to assert the claim.
User does not have the ability to opt out of these terms, unless mandated by law in appropriate jurisdiction.
User are agreeing to resolve Disputes in accordance with The Venue and choice of law provisions below.
If any portion of these agreements is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration agreement and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Further, if any part of Arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Agreement will be enforceable.
No Rights Of Third Parties.
User agree that there are no third-party beneficiaries to these Terms.
These Terms constitute the complete understanding and agreement of User and Company and supersedes any and all prior or contemporaneous written or oral agreements between User and Company. The language of any clause or term of this Agreement will not be construed for or against the drafter. No right or term of this Agreement will be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing and signed by User and Company.
Disclaimer of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY FAHQ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FAHQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FAHQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. FAHQ DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, FAHQ SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM FAHQ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FAHQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FURTHERMORE, FAHQ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. TO THE EXTENT PROHIBITED BY LAW, THE FOREGOING SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, FAHQ SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY MATERIALS THEREIN, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF FAHQ’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND FAHQ. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FAHQ. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Linking to This Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice in our sole discretion.
Indemnity
You agree to indemnify, defend, and hold harmless FAHQ, its managers, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and court costs) arising from, related to, or in connection with your use of this Website or your breach of the Terms and Conditions.
Variation
FAHQ will have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision or portion of a provision in which we exclude our liability to you), then the enforceability of any other part of the Terms and Conditions (including portions of provisions) will not be affected and all other clauses will remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause/sub-clause will be interpreted accordingly. Alternatively, you agree that the clause/sub-clause will be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Waiver
Our failure to exercise or enforce, our partial exercise or enforcement of, or our delay in exercising or enforcing any right or remedy under these Terms and Conditions shall not operate as a waiver or estoppel of any right or remedy.
Disputes
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. By using any Services, you agree that any dispute relating in any way to these Terms and Conditions, your visit to the Website, or to any purchase, return, or other transaction with the Website will be submitted to confidential arbitration in Miami, Florida. However, if you have in any manner violated or threatened to violate any FAHQ intellectual property right, FAHQ may seek injunctive or other appropriate relief in any state or federal court in Miami, Florida. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms and Conditions shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or cause of action you may have with respect to FAHQ, the Website, or the Services must be commenced within one year after the claim or cause of action arose. To the full extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Entire Agreement
These Terms and Conditions, including policies and information linked from or incorporated herein, such as our Privacy Policy, constitute the entire agreement between you and FAHQ and supersede any and all preceding and contemporaneous agreements between you and FAHQ. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. If any provision of these Terms and Conditions are held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Warning
Always skate within your abilities, wear safety gear, and follow pedestrian rules and laws. Injury or death may result from improper use.
All FAHQ skate decks, equipment, and hardware are sold as-is. FAHQ will not be liable for any loss, damages, or injury, both personal and property-related, of any kind arising from the use of any products. You expressly agree that your use of the products are at your sole risk.
Contact Us
To contact us with any questions or concerns in connection with these Terms and Conditions or the Website, you can contact us through our online contact form, via email at hello@fahq.com, or at our mailing address:
FAHQ1701 NW 84th Ave
Suite C1
Miami, FL 33126