Terms & Conditions
Terms & Conditions
Fenix Cosmetics (hereafter “Fenix”) appreciates your interest in its products, as well as your visit to this web site. The following terms and conditions, as well as all applicable laws, apply to and govern your use and access of this web site. By accessing and browsing this site, you accept, without limitation or qualification, the following terms and conditions. If you do not agree to be bound by the terms and conditions herein, then you may not access or otherwise use this web site.
Accuracy of Information
Fenix attempts to be as accurate as possible when describing its products on the Site; however, to the extent permitted by applicable law, Fenix does not warrant that the product descriptions, approximations, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
Responsibilities and Limited License to Use of Site
In the access or use of the Site, you agree to comply with these Terms and Conditions and the warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site, and you may not impair in any way the integrity or operation of the Site.
You are granted a limited, revocable, and non-exclusive license to access and use this Site for non-commercial purposes, which does not include the right to (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are also grant a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that Fenix is endorsing such website or its services or products; (iii) may not misrepresent its relationship with Fenix; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray Fenix or its products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Fenix with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. Fenix may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Fenix to resume linking.
Any unauthorized use by you of the Site or any and/or all of the content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully fail to comply with any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Fenix, its affiliates, partners or licensors.
You may choose to register at this Site if you are over eighteen (18) years of age. Do not register, however, if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. Likewise, you are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password and to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have that person’s consent and the authority to bind that person as the principal to all Terms and Conditions provided herein. To the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
Fenix reserves the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if it decides, in its sole discretion, that it would be in its best interests to do so.
Third Party Links
Fenix makes no warranty or guarantee concerning the accuracy or reliability of the contents of websites, which link from this Site. Accordingly, Fenix is not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and do not represent an affiliation with or endorsement by Fenix or any of its officers, directors, owners, shareholders, agents, employees, affiliates, licensors, licensees, and representatives of such third party sites, resources, contents (including their privacy policies and terms and conditions), materials, or sponsors. Your linking to or from any off-website pages or other websites is at your own risk and you should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." FENIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FENIX WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, FENIX WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
MOREOVER, YOU UNDERSTAND AND AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold harmless Fenix, its directors, officer, shareholders, employees, and agents, for any liability, loss, damage, injury or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this Site or breach of these Terms and Conditions. In defending, indemnifying and/or holding harmless Fenix, you agree to reimburse Fenix for all of its costs and expenses, including for example, but not limited to, attorney fees, incurred by Fenix in connection with the claim, action, or demand.
Any dispute arising from the use of this Site or the Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Further, disputes relating in any way to your use of the Site shall be submitted to confidential arbitration in California and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate Fenix’ intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, Fenix may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted in accordance with the then existing arbitration rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
In any disputes between you and Fenix, the prevailing party shall be entitled to reasonable attorney fees and costs.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “ Notices”) to which these Terms and Conditions refer from Fenix electronically, including, without limitation, by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify Fenix of your withdrawal of such consent by emailing Fenix at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth above shall automatically terminate. Unfortunately, Fenix cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Copyright & Trademark
All information and content on this Site, including, but not limited to, trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Fenix, its affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth herein or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the expressed, prior written consent of Fenix.
These Terms and Conditions, along with any applicable changes, set forth the entire agreement between you and Fenix with respect to your use of this Site and supersedes any and all prior agreements, representations, or other communication you and Fenix.
Fenix reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Changes are effective immediately and will be posted on this Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions and, since you are bound by all changes made by Fenix, you should review this page each time you access this site.
Fenix may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Fenix.
Moreover, Fenix’ delay or failure to require your performance of any provision hereof shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email Fenix at email@example.com
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