Introduction
Welcome to our website fermodyl.shop (the “Site”). This Site is operated by Fermodyl Hair Solutions (“Fermodyl”, “we”, “us” and/or “our”). Please read these Terms and Conditions carefully before using our Site and our services.
By accessing or using the Site, you are agreeing to comply with and be bound by these Terms and Conditions in connection with your use of the Site. If you do not agree to these Terms and Conditions, you have no right to access or use the Site and should not do so.
Definitions
The following definitions apply to these Terms:
Account means a user account registered on the Site that enables access to parts of the Site and certain features.
Content means any content, writing, images, audiovisual content or other information published on the Site.
Customer means a customer of the Site and/or a registered user of an Account.
Order means a Customer’s order for products on the Site.
Products means products listed and described on the Site which Customer can purchase.
Services means any services provided by or on behalf of Fermodyl through the Site.
Site means the website located at fermodyl.shop and any successor website.
Terms means these terms and conditions of use as updated from time to time.
Third Party Content means content contributed, published or shared by third parties on the Site.
User, You and Your means the user of the Site.
Access and Use of the Site
Age Restriction. The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
License. Subject to your compliance with these Terms, Fermodyl grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site 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. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fermodyl. 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 Fermodyl without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fermodyl’s name or trademarks without the express written consent of Fermodyl. Any unauthorized use terminates the permission or license granted by Fermodyl.
Account. If you create an Account on the Site, 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.
Prohibited Uses. As a user of the Site, you agree not to:
- Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere in any way with security-related features of the Site;
- Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- Access, monitor or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Site (including, without limitation, the purchase path for any Product) for any purpose without our express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
If you violate the Terms, we reserve the right to suspend or terminate your access to the Site, alert our community of your actions, and/or work with law enforcement as necessary.
Third Party Content. The Site may contain links to or integrations with other websites, content, products or services not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party content. You access and use such third party content at your own risk and understand that these Terms and our Privacy Policy do not apply to that content.
Changes. We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
No Support or Maintenance. You acknowledge and agree that Fermodyl will have no obligation to provide you with any support or maintenance in connection with the Site.
User Content
User Content. The Site may allow you and other users to upload, post, host, store, transmit or share content, including messages, text, sound, photos, videos, software or other information or materials on or through the Site (“User Content”). You are solely responsible for your User Content. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy, completeness or usefulness.
Ownership. You retain any ownership rights you have over your User Content. However, you grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sub-licensable license to use, store, display, reproduce, modify, adapt, edit, publish, translate, distribute, perform, promote, exhibit, communicate and broadcast your User Content for any purpose on or through the Site. This license will terminate at the time you remove your User Content from the Site.
Representations. You represent and warrant that: (1) you own your User Content or have the right to grant the rights and licenses in these Terms; (2) our use of your User Content as licensed herein will not infringe or violate any rights of any third party; and (3) you will comply with our Acceptable Use Policy set forth below.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and accurate.
- You agree that any User Content that you post does not and will not violate any applicable law or this Acceptable Use Policy.
- We have the right, but not the obligation, to monitor User Content for compliance with this Acceptable Use Policy. We have the right in our sole discretion to remove, edit or disable any User Content at any time and for any reason without notice or warning.
No Compensation. You agree that you will not be compensated for any User Content.
Purchases and Payments
Product Description. We attempt to describe Products offered for sale on the Site as accurately as possible and display product images that represent the Products. However, we do not warrant that Product descriptions, colors or images are accurate, complete, reliable, current, or error-free. The receipt of a Product by you does not equate to our endorsement of such Product.
Prices and Availability. We attempt to display accurate product prices and indicate availability on the Site. Prices and availability may change at any time prior to us confirming your order.
Order Acceptance. Orders do not constitute acceptance until we dispatch the Products or provide you with an order confirmation. We reserve the right to limit quantities, impose additional requirements on certain orders or reject orders in our sole discretion. If we cancel an order after you have been charged, we will refund your payment.
Shipping and Delivery. If your order qualifies, we will offer you available shipping options during checkout. Unless otherwise noted, you are responsible for all shipping costs and for import duties, tariffs or other applicable fees. We will send shipment notifications, if applicable, to the email address you provide during checkout.
Payments. All payments are processed by Stripe. Please review Stripe’s terms of service when making payments: https://stripe.com/en-fi/legal. We are not responsible for errors made by Stripe or your financial institution. If your payment fails, we reserve the right to cancel your order. If there are other payment issues, we may request additional information or place restrictions on your account.
Promotion Codes. Promotion codes are limited to one-time use only, non-transferable, not valid for cash, expirable, and may not be used in conjunction with certain other offers.
Refunds. Please review our return policy posted on the Site prior to making purchases. We do not provide refunds for any custom or personalized orders.
Product Recalls. In the event of a product recall or similar event, we will post details on the Site and notify customers who purchased the affected product(s).
Intellectual Property
Site IP. The Site and all of its original content, features and functionality are owned by Fermodyl and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Fermodyl IP. Fermodyl’s trademarks, service marks, trade names, trade dress, logos, domain names, and other indicators of source, origin or sponsorship are protected under trademark laws in the United States and other jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us.
User IP. Subject to our rights in the Site and our license to User Content, users retain all of their ownership rights in and to their User Content.
No Endorsement
The Site may contain links and references to third-party websites, products or services. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third party website, product or service, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.
Disclaimer of Warranties
Your use of the site and any products or services purchased through the site is entirely at your own risk. The site and the products and services provided on the site are provided on an “as is” and “as available” basis without any warranties of any kind, express, implied or statutory. Neither fermodyl nor any person associated with fermodyl makes any warranty or representation with respect to the completeness, accuracy, merchantability, fitness for a particular purpose or non-infringement of third party rights of or in relation to the site, the products or the services provided on or through the site. Without limiting the foregoing, neither fermodyl nor anyone associated with fermodyl represents or warrants that the site, its content or any products or services provided on or through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site and the server that makes it available are free of viruses or other harmful components, or that the site or any products or services provided on or through the site will otherwise meet your requirements or expectations.
Fermodyl hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
Except where prohibited by law, in no event will fermodyl or any person associated with fermodyl be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if fermodyl has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these terms and conditions, fermodyl is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the site or any products or services provided on or through the site, fermodyl’s liability shall in no event exceed the amounts paid by you in purchasing products or services on the site.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means the above limitations and exclusions may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS-IS” and “AS-AVAILABLE” Disclaimer
The Site is provided to You “AS-IS” and “AS-AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Site Provider, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Site Provider provides no warranty or undertaking, and makes no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Site Provider nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Site Provider are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of law rules. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Marion County, Indiana.
Indemnification
You agree to defend, indemnify and hold harmless Fermodyl and its licensee and licensors, and their employees, contractors, agents, officers and directors from all liabilities, claims, damages, costs and expenses, including attorney’s fees, that arise from or relate to your use or misuse of the Site, or your violation of these Terms and any applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any defenses.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
Miscellaneous
These Terms are the entire and exclusive understanding and agreement between you and Fermodyl regarding your use of the Site. We may revise these Terms at any time without individual notice to you. Such revised Terms will be effective immediately upon posting on the Site.