TERMS OF SERVICE

In addition to agreeing to these Terms of Service, you agree not to do any of the following while using our website:

•  Intentionally or unintentionally violate any applicable law or regulation.
•  Access, tamper with, or use any nonpublic areas of the website or any of FAUXMOSA’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this website by third parties (including information providers, advertisers, and other users) are those of the respective author(s) and not of FAUXMOSA.  FAUXMOSA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this websites by anyone other than authorized FAUXMOSA employees acting in their official capacities.

All text, graphics, logos, icons, images, audio clips and software on the FAUXMOSA (“Site Content”) are intellectual property owned by or licensed to FAUXMOSA. Unless authorized in writing by an officer of FAUXMOSA, FAUXMOSA’s trademarks may not be used in connection with any product or service that is not FAUXMOSA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FAUXMOSA.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of FAUXMOSA or the rights holder.

You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use our website.

Nothing contained in our website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of FAUXMOSA, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to FAUXMOSA, its affiliates, and/or any third party, as applicable.

Prices for our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue product a without notice at any time.

We will give you any necessary notices by posting them on our website. You authorize us to send notices via electronic mail as well if we, in our discretion, determine to do so. You agree to check our website for for notices, and that you will be considered to have received a notice when it is made available to you by posting on our website.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Your use of our website is governed by the FAUXMOSA Privacy Policy.

FAUXMOSA shall be excused from performance under this Terms of Service if FAUXMOSA is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, epidemic, pandemic, computer or telecommunications failure or other circumstance beyond the control of FAUXMOSA.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON OUR WEBSITE.  WE DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE, OR ANY OF ITS COMPONENTS, WILL BE UNINTERRUPTED OR ERROR FREE.

YOUR USE OF OUR WEBSITE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. 

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

The failure of FAUXMOSA to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FAUXMOSA in writing. The Terms of Service, along with our Privacy Policy, comprises the entire agreement between you and FAUXMOSA.

These Terms of Service will inure to the benefit of FAUXMOSA’s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service.

If you have any questions about these Terms of Service, please contact us at hello@drinkfauxmo.com.