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Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
FDAISO.COM reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
Copyright
The entire content included in this website, including but not limited
to text, graphics or code is copyrighted as a collective work under
the United States and other copyright laws, and is the property of FDAISO.COM.
The collective work includes works that are licensed to FDAISO.COM.
Copyright 2006. ALL RIGHTS RESERVED. You may display and, subject to
any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the website solely for your own non-commercial use, or to place
an order with FDAISO.COM or to purchase FDAISO.COM products. Any other
use, including but not limited to the reproduction, distribution, display
or transmission of the content of this website is strictly prohibited,
unless authorized by FDAISO.COM in writing. You further agree not to
change or delete any proprietary notice from materials downloaded or
printed from the website.
Trademarks / Intellectual
Property
All trademarks, service marks and trade names of FDAISO.COM used in
the website are trademarks or registered trademarks of FDAISO.COM. They
may not be used without FDAISO.COM's prior written permission. Any other
intellectual property in the website, including but not limited to patents,
issued or pending, are the sole property of FDAISO.COM and/or its licensors.
Product Orders
All orders placed through the website are subject to FDAISO.COM's acceptance,
which is in its sole discretion. Without limitation, this means that
FDAISO.COM may refuse to accept or may cancel any order, whether or
not the order has been confirmed, for any or no reason, in its sole
discretion, and without liability to you or any third party. If your
credit card has already been charged for an order that is subsequently
cancelled, FDAISO.COM shall issue a credit to your credit card account.
Third-Party Links
In an attempt to provide increased value to our visitors, FDAISO.COM
may link to websites operated by third parties. However, even if the
third party is affiliated with FDAISO.COM, FDAISO.COM has no control
over these linked websites, all of which have separate terms and conditions
and privacy and data collection practices, independent of FDAISO.COM.
These linked websites are only for your convenience and therefore you
access them at your own risk. FDAISO.COM seeks to protect the integrity
of the website and the links placed upon it and therefore requests any
feedback about the website and for websites it links to as well. Please
review the privacy policy of any third-party website that you have linked
to from the Website before you use such third-party website.
Indemnification
You agree to indemnify, defend, and hold harmless FDAISO.COM, its officers,
directors, employees, agents, licensors and suppliers from and against
all claims, losses, expenses, damages and costs, including, without
limitation, reasonable attorneys' fees, arising from or relating in
any way to your use of this website.
Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, FDAISO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FDAISO.COM DOES NOT REPRESENT
OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. FDAISO.COM DOES NOT MAKE ANY WARRANTEES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS
ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FDAISO.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FDAISO.COM
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE
SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
FDAISO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF
THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS
OF THIS WEBSITE, EVEN IF FDAISO.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FDAISO.COM
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 THIS WEBSITE OR ANY CONTENT,
FDAISO.COM'S LIABILITY SHALL IN NO EVENT EXCEED US$50.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Miscellaneous
Your use of this website shall be governed in all respects by the laws
of the state of Texas, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. Specifically, you agree that any and all disputes, claims
and legal proceedings directly or indirectly arising out of or relating
to this website (including but not limited to the purchase of FDAISO.COM
products) shall be resolved individually, without resort to any form
of class action, and exclusively in the state or federal courts located
in Fort Bend County, Texas. Any cause of action or claim you may have
with respect to the website (including but not limited to the purchase
of FDAISO.COM products) must be commenced within one (1) year after
the claim or cause of action arises. By using the website, you agree
to receive electronic communications from FDAISO.COM. You agree that
any notice, agreement, disclosure or other communication that FDAISO.COM
sends you electronically will satisfy any legal communication requirements,
including that such communications be in writing. FDAISO.COM's failure
to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. FDAISO.COM
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing
the website. FDAISO.COM reserves the right in its sole discretion to
terminate or restrict your use of the website, without notice, for any
or no reason, and without liability to you or any third party. In addition,
these terms and conditions, or any part of them, may be terminated by
FDAISO.COM without notice at any time, for any reason. The provisions
relating to Copyright, Trademarks, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.