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Terms of Use

Terms of Use (TOS)

Welcome to the Fatally-Yours website. PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. By
using this site, you agree to these terms of use. We at Fatally-Yours (”FY”)
reserve the right, at any time, to modify or update these terms and conditions,
and you agree to be bound by such modifications or updates.

Copyright

You acknowledge that the content included on this site, including but not
limited to text, graphics, logos, button icons, images, audio clips, software,
and the selection and arrangements thereof, is and shall remain the sole and
exclusive property of FY or its content suppliers and protected by Canadian and
international copyright laws. Absent the consent of FY, the content on this
site may be used for personal, non-commercial use only. Any other use, including
the reproduction, modification, distribution, republication or display, of the
content on this site is strictly prohibited and an infringement of copyright or
proprietary rights in the information.

Trademarks

The FY name, trade names, trademarks and logo, and all related product and
service names, design marks and slogans are the trademarks, service marks or
registered trademarks of FY or its affiliates and may not be used in any
commercial manner without the prior written consent of FY. All other products
and service marks contained on the site are the trade-marks of their respective
owners. Reference to any products, services, processes or other information by
trade name, trademark, manufacturer, supplier, or otherwise does not necessarily
constitute or imply the endorsement, sponsorship or recommendation by FY.

Privacy

FY respects the privacy of your personal information.
Read our Privacy Policy.

Disclaimer

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR
PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO
WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR
OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. IN ADDITION, FY DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. FY
HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH
THE SITE WITHOUT PRIOR NOTICE.

This site may provide links or references to other web
sites. However, FY has no control over or responsibility for content on third
party sites and transactions that occur therein. FY has provided links to other
sites merely as a convenience to users, and shall not be liable for any damages
or injury arising from content on such third party web sites or transactions
occurring therein. The terms and conditions and privacy policies governing this
site may differ significantly from the policies of third party web sites. There
are risks in using any information, software, or products found on the Internet
or in otherwise entering transactions through the Internet. Accordingly, FY
cautions you to make certain you understand these risks and any applicable
policies of third party web sites before retrieving, using, relying upon, or
purchasing anything, or before otherwise transacting, via the Internet.

Limitation of Liability

IN NO EVENT SHALL FY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF FY OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT,
PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages, some of the
above limitations may not apply to you. In such jurisdictions, FY’ liability is
limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold FY’, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
the site, your violation of these terms and conditions or your infringement of
any intellectual property or other right of any person or entity.

Governing Law; Arbitration

These terms and conditions, and the respective rights and obligations of the
parties hereunder, shall be governed by, and construed in accordance with, the
laws of the State of California. Any dispute arising between you and FY will be
submitted to arbitration in the State of California in accordance with the rules
of the standing judiciary committee then in effect. Nothing shall deprive you of
the benefits of your province’s consumer protection laws.

Contacting Us

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