Terms of Service
TERMS AND CONDITIONS
Please take a few minutes to read these important terms and conditions (“Terms“).
These Terms govern your use of the online services provided by FCO Genesis I, LLC. and its affiliates (“Company,” “our,” “us,” or “we“), including websites, mobile applications, FCO Genesis Content (as defined in Section 2), and other services (“Services“). The Services are intended for use by users that reside in the U.S. and are 18 or older. If you are not the intended audience or you object to these Terms, you may not use our Services. These Terms act as a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations, and a choice of Nevada law.
From time to time we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will endeavor to notify you of any material updates to the Terms. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
II. Information We Display
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks and trade dress, and User Content (as defined in Section 3) (collectively, “FCO Genesis Content“), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. FCO Genesis Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any FCO Genesis Content in any way without our prior written consent is strictly prohibited.
While we work hard to provide a superior customer experience, we cannot guarantee that all FCO Genesis Content we display is correct, complete, or current, including product pricing, images, information, and availability.
III. Your Actions
To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another’s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms (Sections (i) through (viii) collectively, “Prohibited Use“). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
You may be able to create or submit designs, photos, product reviews, written posts, and other content (“User Content“). You agree that: (i) you will not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Services, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We may cancel and terminate any account or User Content at any time without notice. We assume no liability for any information removed from our Services and reserve the right to permanently restrict access to the Services or a user account.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
IV. Service-Specific Terms
If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to change the price of an item up until the time of shipment. Title and risk of loss transfer to you upon our delivery of the order to the carrier. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.
VI. Disclaimers, Limitation of Liability, and Indemnification Related to Services
We provide the Services (including, without limitation, all FCO Genesis Content, User Content, and other content whatsoever) as a service to you. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING FCO GENESIS CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (collectively, “DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING FCO GENESIS CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
VII. Disclaimers, Limitation of Liability, Related to Products Purchased
Representation and Warranty Disclaimer:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE STANDARD TERMS AND CONDITIONS, NONE OF FCO GENESIS I LLC. OR ITS AFFILIATES (“FCO”) OR ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, ITS “REPRESENTATIVES”) MAKES OR HAS MADE, FCO HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES, AND ANY PURCHASER OF GOODS OR SERVICES FROM FCO (“BUYER”) HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER UNDERTAKING, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, WRITTEN OR ORAL, OR AT LAW OR IN EQUITY, WITH RESPECT TO THE PRODUCTS OFFERED BY FCO OR THEIR QUALITY, CONDITION, SAFETY OR EFFECTIVENESS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, DURABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
BUYER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PRODUCTS OFFERED BY FCO “AS IS, WHERE IS,” AND “WITH ALL FAULTS.” FCO SHALL HAVE NO OBLIGATION WITH RESPECT TO ANY TERMS OR CONDITIONS INCLUDED WITH ANY PURCHASE ORDER, ACKNOWLEDGMENT, INVOICE, OR ANY OTHER DOCUMENT DELIVERED TO OR BY A PARTY WHICH ARE ADDITIONAL TO OR DIFFERENT THAN THE TERMS AND CONDITIONS OF THESE TERMS, AND SUCH ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS SHALL NOT BE PART OF THESE TERMS.
NO PRIOR PROPOSALS, QUOTATIONS, STATEMENTS, COURSE OF DEALING, OR USAGE OF TRADE WILL BE PART OF THESE TERMS.
Product Liability Acknowledgement
BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF THE PRODUCT AND THAT SELLER AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR INJURY TO ANY PERSON IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY OTHER PRODUCT LIABILITY.
THE PRODUCT INFORMATION CONTAINED IN ANY DOCUMENTS PROVIDED BY FCO, INCLUDING PRODUCT IMAGES AND ADDITIONAL PRODUCT MATERIALS, WAS COLLECTED FROM VARIOUS SUPPLIER SOURCES. ALL PRODUCT CLAIMS AND SPECIFICATIONS ARE THOSE OF THE PRODUCT SUPPLIERS AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY FCO OR ITS AFFILIATES. FCO IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE PRODUCT INFORMATION.
THE PROPERTIES OF A PRODUCT MAY CHANGE OR BE INACCURATE FOLLOWING THE POSTING OR PRINTING OF THE PRODUCT INFORMATION BY FCO, EITHER IN A PRINT OR ONLINE VERSION. CAUTION SHOULD BE EXERCISED WHEN USING OR PURCHASING ANY PRODUCTS FROM FCO ONLINE OR PRINT DOCUMENTS BY CLOSELY EXAMINING THE PRODUCT PACKAGING AND THE LABELING PRIOR TO USE. DUE TO PRODUCT CHANGES, INFORMATION LISTED IN THIS DOCUMENT IS SUBJECT TO CHANGE WITHOUT NOTICE. INFORMATION PROVIDED BY FCO IS PLACED SOLELY FOR YOUR CONVENIENCE IN ORDERING PRODUCTS AND FCO DISCLAIMS ALL RESPONSIBILITY FOR ITS COMPLETENESS AND ACCURACY, WHETHER OR NOT THE INACCURACY OR INCOMPLETENESS IS DUE TO FAULT OR ERROR BY FCO.
Consequential Damages Waiver:
IN NO EVENT WILL FCO BE LIABLE TO BUYER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFITS, OR LOST BUSINESS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, FUNDAMENTAL BREACH, OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS, AND WHETHER OR NOT BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGE IS REASONABLY FORESEEABLE.
Limitation of Liability:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE STANDARD TERMS AND CONDITIONS, BUYER ACKNOWLEDGES THAT IT HAS BEEN WARNED THAT THE NON-MEDICAL PRODUCTS OFFERED BY FCO SHOULD NOT BE USED FOR MEDICAL PURPOSES. NEITHER FCO NOR ANY OF ITS AGENTS, REPRESENTATIVES, OR THIRD-PARTY CONTRACTORS WILL HAVE ANY LIABILITY FOR ANY LOSSES CAUSED BY OR OTHERWISE RESULTING FROM THE INAPPROPRIATE USE, MAINTENANCE OR KEEPING OF THE PRODUCTS OFFERED BY FCO.
IN NO EVENT SHALL FCO’S AGGREGATE LIABILITY TO BUYER ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID OR PAYABLE TO FCO FOR THE SPECIFIC ORDER AMOUNT OF THE PRODUCT OR DEVICE IN QUESTION.
VIII. Dispute Resolution
If a dispute ever arises between us, please contact us. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA’s website. The arbitration shall be held in Las Vegas, Nevada. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to FCO Genesis I, LLC., Attn: Litigation and Regulatory Law Department, 10161 Park Run Drive #150, Las Vegas, Nevada, 89145. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
IX. Digital Millennium Copyright Act
If you believe any FCO Genesis Content infringes on your copyright, please [link to DMCA page] for instructions on how to notify us.
X. Additional Terms
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service, and shall be construed in accordance with the laws of the State of Nevada, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
Copyright 2020, FCO Genesis I, LLC. All rights reserved.
These Terms were last updated on May 17, 2020.